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JUSTICE
 
1. The meaning of justice:
  a.
The word “justice” may be defined as “a particular type of mental process to ascertain the truth”. Whatever appears to be the truth in the world of human actions, within society, is taken as the basis of justice.
  b.
Human actions, and thus the basic of justice, vary according to time, place and person; therefore they are relative, not absolute.
  c.
No one has ever been able to invent an absolute standard for measuring justice in the past. Nor will anyone ever be able to invent such a standard in the future. This is because the concept of justice, by its very nature, is a relative concept.
  d.
The greatest benefit of the proper application of justice is that in the struggle between progressive and regressive forces, between good and evil, which is a permanent feature of society, the human intellect has an increasing number of opportunities to choose the path of righteousness.
  e.
Society will have to define what constitutes a crime and what dose not in accordance with a moral standard or code.
  f.
Immorality may be defined as that which,inorder to future the interests of an individual or group, aims to exploit another individual or group or the rest of the society, or aims to deprive them of the right to maintain their existence . Behaviour based on such immoral intentions is a crime.
  g.
In the event of a conflict between the moral code, or cardinal human values, and the criminal code, the moral code must take precedence. Thus, in such circumstances, upholding ethical values is more important for society than enforcing the criminal code.
   

 

2. The judicial system:
  a.
The purpose of the judicial system is to uphold justice and take corrective measures against people whenever necessary. It is not the purpose of the judicial system to penalize people.
  b.
From the social or human viewpoint, everybody has the right to correct the behaviour of everyone else. This is the birthright of every human being. The recognition of this right is indispensable for the health of society. Thus, taking corrective measures must be accepted as an essential part of social life.
  c.
The judicial system must have the power to take corrective measures against those who are found guilty or at fault as the result of a judicial process. Corrective measures are necessary to compliment justice.
  d.
Such an arrangement prevents the government getting any scope to impose a violent, cruel penal system and an oppressive dictatorship on the people. It also helps to ensure that the judicial system is based on rational, tolerant, humanistic ideas and benevolent sentiments.
  e.
Since flaws will always remain in the judicial system, no matter how good it is, no human being should have the power to penalize another. Society will be adversely affected if an innocent person is penalized because of a defective judicial system. The term “penal system” should be deleted from social terminology.
  f.
A judicial system based on corrective measures should have the power to give punishment to correct criminal behaviour; however such punishment should not be intended to penalize people.
  g.
If a system of corrective measures is introduced and a mistake is made in the judicial process, no one will be permanently harmed. A person who is definitely guilty will benefit from such a system.
  h.
If the judicial system is to be totally accessible to the public, ordinary people will have to be able to afford it. Therefore one of the most important things to do is to increase the number of judges and their support facilities.
  i.
While the judicial system must have the power to take corrective measures in order to rectify the behaviour of criminals, society should be more interested in preventing base criminal propensities from arising in human beings in the first place. Thus-crime prevention policies should be given more importance than remedial action.
  j.

While the judicial system should incorporate both the adversarial and the inquisitional systems. That is, judges should not only listen to the arguments of lawyers but also have the power to conduct their own investigations

     
3. Administering justice:
  a.
A judicial process ends once a verdict is reached and that verdict is implemented. In other words, the utility of justice in social life is felt only when a corrective measure for the concerned individual or group is implemented as per the verdict.
  b.
If at any stage the judicial process does not reflect the truth beyond reasonable doubt, great care will have to be taken at the time of passing sentence on the accused in accordance with the verdict given.
  c.
The corrective measures given at the time of sentencing must be consistent with both the category of criminal and the type of the crime the accused is found guilty of.
  d.
When sentencing a criminal, the financial condition of their family will have to be taken into consideration. If necessary, the government will have to provide the family members with the means to earn an honest living.
  e.
If there is any doubt at all about the accuracy of a judgement in a judicial process, no punishment should be given.
  f.

All those involved in the judicial process will have to be committed to upholding justice and be held to the highest ethical standards.

     
4. The role of judges:
  a.
The role of judges is to make fair judgements based on the evidence before them in court. Judges alone should be responsible for making judgements in a judicial process.
  b.
When sitting to pass judgement on an offender, the first thing for the judge to consider is whether or not the evidence shows that the accused has committed a crime.
  c.
In effect, this means that during the course of a judicial process, judges have to judge to the best of their intellectual capacity whether or not the accused has committed a crime based on the evidence, the testimonies of witnesses, and the arguments of lawyers.
  d.
In order to determine whether the evidence is genuine and the witnesses are telling the truth, judges have to take considerable help from detectives or other investigators. However, the investigations carried out into whether the evidence is genuine and whether the witnesses are telling the truth will have to be impartially verified again by the judge
  e.
While presiding over a trail, a judge should not be prejudiced against the accused, but should consider whether they have committed a crime or not; and if so; under what circumstances, and whether the crime was committed voluntarily or at the instigation of others. This is the main point for consideration during a trial.
  f.

Where juries are involved in the judicial process, judges cannot be expected to agree with the jury in all cases because that would limit their authority. If the judge and the jury arrive at different conclusions, the judge’s conclusion should carry more weight.

  g. Retired judges should be prevented from practicing law.
     
5. The standard of judges:
  a.
Because the role of judges is the single most important role in the entire judicial process, judges will have to be held to the highest possible standards. That is, judges will have to be people of the highest ethical, intellectual and judicial standard.
  b.
Judges should be carefully selected from among those whose strength of character is irrefutable.
  c.
Because the number of judges in society is small compared to many other professions and they are paid good salaries, with proper effort it should be possible to find the required number of highly competent judges.
  d.
If it is necessary to give greater responsibilities to judges to better administer justice, both the number of judges and the amount of their salary should be increased.
  e.
The standard of judges should be closely monitored to see whether any degeneration has occurred in their intelligence, capacity for deliberation, or moral character.
  f.
From time to time, as and when necessary, reports about the character and conduct of judges may be required by bodies representing the people.
  g.
A judge who is a drunkard, of dubious character or engaged in any form of antisocial activity has no right to pass judgement on others.
  h.
Like judges, magistrates also will have to be people of the highest ethical, intellectual and judicial standard .All magistrates
   

 

6. The role of the jury:
  a.
Judges may take the assistance of juries to help them arrive at a verdict in a judicial process.
  b.
This will result in an increase in the importance in the jury system.The only criterion for the selection of members of the jury should be honesty. Educational qualifications and social status should not be taken into consideration.
  c.
Local autonomous bodies should be given the responsibility for selecting members of the jury
  d.
Those with vested interests, which could include business people , political leaders and party workers, should not be made jury members.
  e.
The final responsibility for a judgement should rest with the judge, not the jury.
  f.
If the members of the jury become suspicious of the judge’s conduct or dissatisfied with their behaviour during the course of a trail, the entire proceedings should be brought to the notice of a higher judicial authority before the judge delivers their final judgement in court.
  g.

If the higher judicial authority shares the opinion of the members of the jury, it would be unwise to retain the judge.

     
7. The categories of criminals:
  a.
In order to understand the type of crime committed by a criminal, and whether or not their offences was committed voluntarily or at the instigation of others, criminals may be classified into five basic categories.
  b.
The first category of criminals is criminals by nature. Such criminals are born with a deranged mind, and the cause of their mental derangement is concealed within the defects of their body and glands.
  c.
The second category of criminals is criminals out of habit. People can easily develop into habitual criminals if they have weak mental force or little moral integrity, or if social control is lax.
  d.
The third category of criminals is criminals due to their environment. Environmental pressures cause some people to engage in antisocial activities. If they persist with such behaviour, they will become habitual criminals.
  e.
The fourth category of criminals is criminals due to poverty. Most crimes throughout the world are committed due to poverty, except in countries where the basic requirements of life are met.
  f.
The fifth category of criminals is criminals out of momentary weakness sometimes a temporary criminal urge appears, a special type of mental disease which certainly arises in a certain type of environment and again subsides after a short time.
   

 

8. The causes of crime:
  a. Poverty is the root crime of most crimes, but it is not the only cause.
  b.
Even if the economic structure is sound, other factors which cause crimes may be present, jeopardizing social peace and discipline.
  c.
With the eradication of poverty, crimes caused by keeping bad company and by personal difficulties may to some extent decrease, but there will be little decline in the number of crimes committed by born criminals or by habitual criminals.
  d.
The obsession for power today and the considerable influence of political parties can gradually turn to those involved in the practice of politics into habitual criminals. To prevent this possibility, the practice of politics will have to be transformed into a profession which is based on selfless service.
  e.

Other causes of crime, especially violent crimes, generally include: loss of judgement due to intoxication or extreme excitement; jealousy over property or wealth; a severe blow to one’s prestige; uncontrolled passion or obsessions of various types; men fighting over or abusing women; and serious differences of opinion.

     
9. Capital punishment:
  a.
As a matter of principle, capital punishment can never be supported. Capital punishment contains no corrective measures and no purpose other than to instill fear in people’s minds.
  b.
In a civilized society, nobody has the right to take the life of another in the name of justice.
  c.
No matter how bad the criminal offence, it is the responsibility of the society to endeavor to ensure that every criminal has the opportunity to correct their behaviour and become an asset to the society
   

 

10. Mandatory sentencing:
  a. Mandatory sentencing is an arbitrary penal measure which is not intended to correct criminal behaviour
  b.

In fact, it contains no corrective measures and should be abolished.

     
11. Prison reform:
  a.
Prisons are not for punishing prisoners or inflicting penal measures on them. Rather, prisons should be guarded as corrective centers where prisoners are reformed of their particular type of criminal behaviour.
  b.
If prisons are to become genuine corrective centers, prison environments will have to be made more wholesome and more humane.
  c.
Prisons should not be privatized. Running the prison system should remain the responsibility of the government.
  d.
Prison administrators will have to be trained in psychology and have the same type of qualities and abilities of a judge.
  e.
Prisoners will have to be feed healthy food, made physically fit, taught ethical values and shown how to increase their mental strength. In addition, they will have to taught how to develop their all-round human potential
  f.
While serving their sentence, prisoners will have to perform some type of suitable productive work. They should not just live off the state.
  g.
Once prisoners have completed their sentence, the government will have to arrange to find them suitable employment so that they will be able to earn an honest living and be restored to the community.
  h.

Those dependent on alcohol and drugs must be cured of their medical problems and not incarcerated in jail. Drug and alcohol dependence should be viewed as medical problems and not criminals offences.

     
12. A universal and penal code:
  a. A universal penal code will have to be adopted, one which is applicable to all humanity.
  b.
The solution to most complex social problems, except those social problems which are caused by various environmental factors, including natural calamities, may be found by implementing a universal a universal penal code.
  c.

It is not desirable for different laws to bind different peoples, countries or communities. People should not be separated from each other by artificial distinctions.

     
13. A world constitution:
  a. A world constitution also will have to be adopted, one which is binding on all countries in the world.
  b.
The world constitution should be drafted by a global organization recognized by the people. That is, it should be drafted by the world government
  c. The world constitution should contain a bill of rights. (For details on the bill of rights, see “The Political system”.)
  d.

Once the world government is established, it should have the power to draft all primary law. National government should no longer be permitted to have this power. They should the power to draft only secondary law, in order to support the primary law.

     
14. A world court:
  a. The superior authority to judge or to try a person should be vested in the world court.
  b. The highest level of the world court should be a court of appeal.
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