JUSTICE DELAYED IS JUSTICE DENIED, how about VERDICT DELAYED IS SENTENCE MULTIPLIED...thanks to legal systems?

Question

what with so many irrational and unduely long proceedings in the courts...no accountability followup or agency....show-piece public opinion polls....absence of a dignified and caring approach to ' Justice,fraternity and sovereignity for all ' ...... are not the recent past headline-cases convincing enough to make us SHOUT for a CHANGE ? ...a thought or two from your point of view .......

after reading the views..only one more point needs to be communicated...an under-trial person is considered to be innoscent untill proved guilty then, should he not be spared of the additional miseries being faced due to shortcomings in the system, procedural delays and lack of concern for early disposal of the case.... or it is taken for granted that these are all part of the sentence that is yet to follow...is there no scope for consideration of such disorderliness which result in an irrepairable damge to a human-being's body, mind and soul...or we believe that LAW is supposed to finish the CRIMINAL and not the CRIME

Answer 1

You want to talk about IRRATIONAL? Go read the drivel you just posted. You're talking about "justice" and in the same breath, you mention NEWS STORIES??? You obviously have no idea what justice is, nor are you involved in the judicial system, so how can you guage that justice is denied?

What sort of change would you advocate? Throwing over the government? Imposing martial law?

Court procedings are long because both the prosecution and the defendant request adjournments for various reasons. Filing for discovery, motions, hearings, witness availability and any other issue that may pop up, before a jury is even seated. A trial lasts as long as is NECESSARY and the duration of a trial is of no concern to you, me or anyone else except for the judge, who allows or denies the introduction of evidence to a jury.

So your blanket statements and accusations are baseless and are nothing but emotion without fact. Get real.

Answer 2

I would say one man cannot make a difference. All the blame cannot be put on the judicial system. It is the bureaucracy which has to be stronger also. It is also true that no magic can be done in one day. As far as Indian judicial system is concerned I feel it is a bloody waste. I am not blaming a system. It is fine but I am mentioning to the people involved in the system from top to bottom you will find all lazy, ineffective men always hungry for bribe.
There are large number of good judges but maximum are concerned only to have and enjoy their monthly salary or make points. It does not matter whether your case is stronger or weaker. It is the face value which effects a judge in his decision.
Now talking of American system I feel they also experience the same, exceptions are always there if you speak about new york or california or some of the major modern cities then you may find better system but I suggest many places it is worst.

Answer 3

I am not sure what your question,but it is called due process.As a police officer,I can assure that most criminals do not treat their victims with dignity.If you could see some of the crimes that I have worked,you would understand.I have never seen a case where a suspect has had their civil rights violated in court (maybe at the time of arrest) but not in the court room.I have seen defendants that I knew were guilty as h*ll because of a really good lawyer.Our system is not perfect,but it is the best in the world.The longer the process takes,the less chance of an Innocent person being convicted.

Answer 4

When the people want to turn the light upon the system for what is called a system for justice, a never before public viewing the doors are bared or the hinges are rusty. We the people need to see, we the people need to know who the justice system employees on our behalf. We the people need to see and understand that mallet hand, the ones who make such broad claims in the peoples names. The time is here, and here we stand at the door knocking, not with a mallet of malicious intent, but a need to know how the rules were bent, in favor of those chosen few. There once was a country who lost it's wall, down it came, men and all. Up another wall did rise beneath the land and in the skies, walls keeping out the sight of who has been given such great might, but we the people are not blind to understand your human kind, your reason to raise a wall to separate yourself from all.

Answer 5

As someone else has rightly pointed out, most delays are caused by advocates for the parties seeking adjournments or filing various interlocutory applications. If you are referring to the end of the Bombay blasts trials after 14 years, you are right about headline grabbing cases. Yesterday the media informed us about Madhukar Satpotdar's curious "acquittal" in the riots case even though he was caught red handed with multiple weapons in his car in a TADA notified area in the midst of the riots. Bal Thackeray - the state did not pursue the prosecution because they "felt" it would ignite more violence ! On these grounds alone, several of the Bombay blasts convicts deserve to be set free. We cannot have justice meted out in two different ways for two sets of cases where the offences committed are of the same kind. What a farce.

Answer 6

There are many suggestions given to curb the delay in the proceedings. I understood that in cases other than criminal cases, once the final hearing is over, the judgement be delivered within 15 days in all probability. If it is not delivered within this time, unless there are no compelling reasons, the matter has to be reheard.

As far as criminal cases are concerned, one suggestion is that investigation is to be separated from prosecution. There should be two wings; One is investigation wing and another is prosecution. In our system since both these are one and the same, there is inevitable delay in this area.

Answer 7

In a vast country with over a billion population,cases (civil & criminal) are sure to arise.Thanks to our judiciary system, civil cases hardly get finalised in a short time!
Criminal cases are submitted to the court by the police dept.and the judge enquires witnesses and scrutinizes other pieces of evidence. State attorneys and Defence counsel cross examine the witnesses and make submissions.
Hameed's case in Australia shows how quick they are in making the right decision in record time.
In India FIR is made only after the higher ups of police dept. give the signal. Police take their own time in collecting material evidence and real witnesses.Then postponements are requested from either side.Lastly the judge takes time to
deliver the voluminous judgement.
In the supersonic age, it is feared that our judiciary has not reoriented itself to the challenges of the time.
Justice delayed definitely tantamounts to denial of justice.
In terms of senteces due care be exercised to establish the principle of equality before law.
It is regrettable indeed that while sanjay Dutt has been convicted in the Bombay Blast Case for the offence of keeping a fire arm in his house under TADA and Shiva Sena
VIP, who carried a rifle and ammunition during the Bombay Riot Case has not been charged under TADA and going scot free!

Answer 8

Greg is right. I think you are referring to Indian Judicial System. Indian system is more complicated and slow. Sentence does not get multiplied, as the term already spent in jail is reduced while delivering final verdict. Of course, the process needs to speed-up.

Answer 9

Knowing what country or state/province you are referring to would help.....

In the US, yes, some of the procedural requirements are overly long and complex (and that, coming from an attorney).

But it's hard to try and design a system that works better and still allows all the safeguards against punishing the innocent -- some people think that's less important an issue than punishing the guilty -- but I value due process.

Answer 10

the whole system is corrupt. the scale of justice is manipulated by the unethical heavy weights. politicians always leaves some loopholes in the rules they are making , so that they can take advantage of those loopholes later on.they are shrewd, cunning, calculating, money and power hungry white collier criminals.

SANAT, USA.