I teach criminal justice. As this is a world wide body of academics in a large number of varied disciplines, I am very interested in what you think the most critical or important critical justice problem is in your country.
The fact that policies and practices across the criminal justice system are changed in the absence of scientific evidence, or worse, against the available evidence. Everything from policing, interrogation tactics, suspect lineups, decisions to prosecute, eyewitness testimony, jury decision making, judge decision making, sentencing, treatment, and supervision.
Bringing high key government officials to book when they engage in corruption! Usually, the dockets will be opened but the case will never have a verdict! If it does, these criminal government officials work freely in the streets because the law cords on them are always let loose in the name of power!
- criminal populism in Criminal Code, like three strikes,
- lazy reaction of the police and the judiciary for hate crime
- just control types and criminal policy reaction for social reproduction small property and violent crime which is closely connected with social exclusion and cultural conflict
- mediation is used in a small numbers of criminal cases
- missing perfect of victim support and victim compensation
I would say that great problem are so-called latent crimes, crimes that are not in official records and hence we don't know the real amount and structure of crimes committed in country, but I think this is a general problem not exclusive to our country (Slovakia).
According to official statistics I would say that the biggest problem is property and economic crime. They are representing together about 90% of all crimes and their clarification is only on level of 48-49 %.
Problem is also rising number of perpetrators ranging from risk groups (such as unemployed and recidivists).
Plea bargaining. Even if you are definitely not guilty, and are reasonably confident a jury would agree, our system utterly destroys you for seeking an actual fair trial or trying to make most D.A.'s even open a file. Anything tbag makes prosecuters do more work will make them go after you as hard as they can. Most people won't risk even a tiny chance of being convicted of, e.g., felony vehicular assault, DUI of drugs and attempted distribution when they can just take a plea of DUI. Forgetting the horrendous financial and personal burden of facing trial, very few will take even a 1% chance and will swallow their pride to take an unwaranted stigma because, in the above example, they had a bag of metamucil in the car and got in tiny fender bender after dropping their kid off at school before work and the cop saw a baggy and assumed you were high. The accident may not have even been your fault at all, they don't care. Cops want to write a summons and prosecutors want cheap convictions. So they throw the book at you and act insulted that you even want to take two minutes of their time instead of taking their generous offer of punishment and a permanent unearned mark against your life.
Aldo attorney misconduct. It has gotten sad how much blatent lying, frivolous motions to increase billable hours, and tampering/creating/withholding critical evidence (even prosecutors in murder cases rarely face consequences for convicting someone of murder after withholding evidence that totally exhinorates them). Sanctions need to be routine and a constant reminder to stay within reasonable limits of advocacy and basic honesty/disclosure. Right now it is an utter joke and few lawyers care at all are kept honest because they fear sanctions. File a frivolous motion and charge $10,000 to the client? The 0.001% chance of facing a tiny sanction does not even cross most lawyer's minds. Nevermind feeling bad about basically stealing; they will probably brag about it. A lot.
Just my two cents from past experiences in private practice and judicial clerkship among others.
The fact that policies and practices across the criminal justice system are changed in the absence of scientific evidence, or worse, against the available evidence. Everything from policing, interrogation tactics, suspect lineups, decisions to prosecute, eyewitness testimony, jury decision making, judge decision making, sentencing, treatment, and supervision.
I absolutely agree with Michael C Seto. In my country (Slovakia) continual education of judges and prosecutors is offered through Judical Academy. But the seminars/trainings offered are usually shor-term (1-1,5 days long) and rarely involve scientific evidence coming from other disciplines than law. Any continual education of police investigators is this regards is even worse.
Dear Gregg W. Etter, I can only speak for the Netherlands. Petty crime reduced over many decades as in most western countries. Publications are delivered by Jan J.M. van Dijk (Nobel price winner in Victimology) and Jaap de Waard (Ministery of Justice and safety). See ResearchGate. I have the feeling that we are facing new types of crime, like micro-aggression, internet crimes and soft and hard drugs gangs who did infiltrate in the legal official world like municipality boards etc.
POLITICIANS passing law on Draconian Logic and Theoretical Arguments not backed up with any empirical evidence. The United States has become the very country that we originally fled from.
The Govt is more corrupt then the people they arrest & incarcerate. It is the Govt vs the People not a Govt of the People.
One problem is the dark figure of crime in India. Many crimes are not reported due to a variety of reasons, and not all reported crimes are registered.
The second issue is the delay in the processing of cases by the criminal justice system. This delay is exploited by vested interests to suit their convenience.
Third aspect is the absence of proper treatment of prisoners to prevent recidivism.
The fourth area to put efforts in would be the use of technology in police and other CJ agencies.
Fifth problem is the lack of national databases on licences, criminal records, and others. Efforts are being made, but they are far from being satisfactory
Dear Hanif dark numbers (crimes experienced by the public but unknown to the police, intentionally or accidentally) might be estimated by the International Victim Survey. I know that there are Chinese data. I don't know about India. I hope that this answer pleases you. Check some of my ResearchGate publications about this issue. See furthermore http://www.unicri.it/services/library_documentation/publications/icvs/