role of prosecutor in juvenile justice system in pakistan

The juvenile justice system was founded with the goal to serve the best interests of the child, with an understanding that youth possessed different needs than adults. CHALLENGES TO JUVENILE JUSTICE SYSTEM IN PAKISTAN Justice systems designed for adults often lack the capacity to adequately address the protection of the rights of juvenile offenders and are more likely to harm than improve a juvenile offender’s chances for reintegration into society. The Attorney-General is constitutionally conferred the discretion to charge any person for any offence committed. We have separate systems because children are children, not adults. The Juvenile Justice System (JIS) Act of 2018 is a new law, ... 10% of the current death row population consists of juvenile offenders, according to a Justice Project Pakistan’s report. Discuss the juvenile justice system, specifically the roles and responsibilities. Judges do not work in a vacuum. This paper will discuss the role of the police, the courts and the Department of Corrections in the juvenile justice system, and which method best reduces future recidivism of juvenile delinquency . A Guide for Parents to the Juvenile Justice System in Indiana “Your Child and Juvenile Court” Updated 2015 This publication was created for the purpose of providing parents, custodians and legal guardians legally accurate and easily understandable information on the complexities of the juvenile justice system … Their important powers include accepting or rejecting cases, making decisions about dismissing charges, or moving cases to disposition and recommending a sentence--all of which can critically affect not only individuals but society through their ability to shape our criminal justice system. The role of psychology in the juvenile justice system brings a different set of pressing and complicated issues to the forensic field versus its adult counterpart. Role of the Public Prosecutor 5 The Prosecutor plays a pivotal role in the administration of criminal justice. Most attorneys give much concentration on the courtroom processes. JJSA 2018 overcomes the shortcomings which were present in Juvenile Justice System Ordinance 2000, and provides a much better system for criminal justice and social reintegration for juvenile offenders. Transfer laws1 represent a departure from that traditional understanding of juvenile justice and are contrary to fundamental notions of justice. Pakistan is a signatory to the Convention on the Rights of Child (CRC). The Juvenile Court and the Role of the Juvenile Court Judge legal action was initiated. The juvenile justice system brings the juvenile delinquent in contact with the local police, the court system and if found guilty, the Department of Corrections. "Prosecutors have a powerful and generally little-understood role in the criminal justice system. The acquittal rate is Pakistan’s courts is almost over 80 percent which means if person commits crime in Pakistan he got 80 percent chances of acquittal in this system. This leads to what should be an obvious point: there is a good reason for the existence of juvenile justice systems. system of juvenile justice. In an evaluation of the state’s juvenile justice system, the Kentucky Task Force on the Unified Juvenile Code found that secure facilities primarily housed lower-level offenders. For instance, Rubin (1985) has argued that the prosecutor will have a large impact on the juvenile justice system. The author is highly grateful and indebted to the Assistant Editor of Pakistan Journal of Criminology, Mr. Imran Ahmad Sajid, a Ph.D. Research Scholar for collecting data from offices of the criminal justice units and locating some valuable references of criminology in Pakistan. Juvenile Offenders and Victims: A National Report, National Center for Juvenile Justice (August, 1995).Cases that progress through the system may result in adjudication and court-ordered supervision or out-of-home placement, or may result in transfer for criminal (adult) prosecution. Personally, I feel that the prosecutors have not played their role as far a juvenile justice is concerned. As per the definition given by Juvenile Justice Act, 2000 under section 2(k), a boy or a girl under 18 years of age is a juvenile. Juvenile Justice Policy: Gaps Identification and Role of Key Stakeholders in Pakistan The statuary age in Pakistan … Also, summarize the role of the court appointed special advocate (CASA). As he notes, The impact of the active participation of juvenile prosecutors should result in a more orderly juvenile justice system and in one which is better grounded in law and more concerned with All provincial governments and Islamabad Capital Territory had notified JJSO by 2002. 3. We do not let children contract, vote, or drink. A ‘juvenile’ or a ‘child’ refers to a person who is yet to complete eighteen years of age. The two hand in hand form the basis for criminal law in Pakistan. The prosecutor exercises an enormous amount of _____ in the juvenile (and adult) justice system. Police Officer's Roles in the Juvenile Justice System. Under section 492 Cr.P. Article 37 of the CRC asks state parties to ensure the following: (a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. “Public prosecutors” are public authorities who, on behalf of society and in the public interest, ensure the application of the law where the breach of the law carries a criminal sanction, Your response must be a minimum of 400 words in length. Nearly two-thirds of all youth arrested are referred to a court with juvenile jurisdiction for further processing. THE JUVENILE JUSTICE SYSTEM Given the fundamental differences between youth and adults, the approach to violations of the law by juveniles historically has been to treat and rehabilitate the youth while ensuring public safety [ 9 ]. In Criminal Justice System of Pakistan, judges are highly paid and have more resources than Police and Prosecution but their performance is disappointed. the juvenile justice process. However, they should shift from their traditional responsibilities and become society leaders by creating projects, programs, and participating in initiatives geared towards reducing the juvenile crime before its commence. Pakistan’s Juvenile Justice. implemented create a juvenile justice system that truly operates in the best interest of the child and the community.”8 Although these principles emerged in the 1990s, they fully support the current juvenile justice system that is refocusing on adolescent development, trauma-informed care, diversion and community-based supervision. Juvenile justice system is still a dream for many Asian countries. The Juvenile Justice System is Not the Criminal Justice System. The Prosecutor Should be Involved in Community Outreach Efforts to Address Juvenile Crime Perhaps the most important role for a juvenile prosecutor today is one which does not even involve work in the courthouse. The first contact that an immature juvenile delinquent has with the juvenile justice system is with a police official. Juvenile Justice Systems Ordinance (JJSO) was introduced by General Musharraf in 2000. III. Following CRC in 1990, government of Pakistan promulgated the “Juvenile Justice System Ordinance 2000, (JJSO 2000),” This was provided for the protection of juveniles involved in criminal litigations. Thus, the juvenile justice system, the judiciary, and the criminal justice system all have roles to play in responding to these crimes. The Role of the Prosecutor in Juvenile Justice: Advocacy in the Courtroom and Leadership in the Community James C. Backstrom ... prosecutor serve merely as the gatekeeper to the juvenile court system by determining which juveniles should be charged with crimes, which should be diverted from prosecution, and whether It has been said that the Prosecution possess the greatest part of discretionary power in the judicial system. The role of the juvenile court judge includes to Pakistan is contained in the Pakistan Penal Code, which defines offences and provides for punishment. Juveniles who had been committed for misdemeanors or for violating the terms of community supervision accounted for 55 percent of the out-of-home population in 2012, up from 39 percent in 2002. It aims to advance the study of criminology and criminal justice; to promote empirically-based public policy in crime management; and to encourage comparative studies of crime and criminal justice in Pakistan for having implications for Pakistan. 2 The Role of the Prosecutor. Start studying Juvenile Delinquency Ch. In addition to courtroom responsibilities, the juvenile judge’s role includes leadership, administrative, collaborative, advocacy, and engagement activities. T he prosecutor is the principal representative of the state in all matters related to the adjudication of criminal offenses. of the defense attorney, prosecutor, judge, probation officer, and nonjudicial personnel within the juvenile court system. It was proved a step forward and promulgated immediately. The Pakistan Journal of Criminology is an official publication of the Pakistan Society of Criminology. 9. The Juvenile Justice System Act (JJSA) 2018 has introduced several new laws that were previously missing from the Juvenile Justice System Ordinance 2000 On May 18 2018, the President of Pakistan approved the Juvenile Justice System Act (JJSA) 2018, which was … Abstract. Prosecutors Play Important Role in Pew's Juvenile Justice Reforms Prosecuting attorneys work every day in the juvenile justice system, giving them a unique understanding of the challenges that exist when children come into contact with the courts. He has a hand in virtually every decision made in the legal course of every case that comes before the criminal courts. discretion. C. it is a part of the executive authority of the province to make appointments to the post of Public Prosecutor and that, the executive authority of the province being vested by Article 129 of the Constitution of Islamic Republic of Pakistan, 1973, in the Governor who is entitled to appoint the Advocate General, a Public Prosecutor. On May 18 2018, the President of Pakistan approved the Juvenile Justice System Act (JJSA) 2018, which was passed by the Parliament earlier this year. Stacey L. Shipley, Bruce A. Arrigo, in Introduction to Forensic Psychology (Third Edition), 2012. If any prosecutor or law officer confesses or concedes regarding lack of evidence in any case before the court then his honesty and integrity is doubted and challenged in Pakistan, where as in civilised countries, the prosecutor has full authority to charge or discharge the culprits after perusing the investigation file and he is not doubted by his high ups or by the society. They learn of With regard to many of these rights, it is the duty of the judge to determine in court whether the party understands the right and wishes to exercise or waive it. Whilst the Code of Criminal Procedure 1898 has been framed to supplement the Penal Code by rules of procedures for preventing offences and bringing offenders to justice. the role of public prosecution in the criminal justice system on the following principles: Functions of the public prosecutor 1. Contact with a police officer often is a young person's introduction to the juvenile justice system. 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