What Does UNODC Do to Assist the Member States To Come Up With a Robust Criminal Justice System?

Introduction

Victims of crime are forgotten in the justice system. Suspects and offenders and victims are treated with respect by the human justice system. Children and females are vulnerable people who benefit from the operation of the democratic criminal justice system. The United Nations has a growing body known as UNODC which prevents crime and provides criminal justice. The agency is responsible for covering most criminal justice reforms and the treatment of offenders. The organization provides guidelines to the Member States for reforming the law. Rules are for the administration of Juvenile Justice is provided. The General Assembly provides strategies that protect women and children against inhumanity. UNODC helps states strengthen the criminal justice system by advocating for the protection of women against violence and delivering justice for children.

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Violation of human rights hurts women. The consequences include psychological, emotional and social effects. Bringing a complaint to justice can be difficult. The justice system has gender bias and discrimination. Most victims do not report victimization, or the criminal justice system has filtered them thus causing a low charge. In response to the violence against women and girls prosecutors plays a critical role in providing protection. Prosecutors have different positions in the legal system. They ensure the application of law during criminal proceedings. The victims are protected by the prosecutors who hold perpetrators accountable for their actions. Prosecutors communicate a strong message to the community warning them against the violence of women saying it can't be tolerated. Prosecutors handling the case make sure that the victim receives a fair trial. Participating in the process of prosecution may endanger the physical and emotional well-being. Fair and consistent procedures that strengths links and cooperation with other institutions and agencies to ensure victims are safe and offenders become accountable for their actions.

The General Assembly of the United Nations established strategies and measures of eliminating cruelty on women in the crime prevention field. The unit provides a policy that assists the states in carrying out actions to do away with inhumanity against women and to gender inequality in the criminal justice system. The model provides recommendations for countries to provide prosecutors with the rule of law. Women must be protected by the State against violence and to prevent further acts of violence. Due diligence is exercised to avoid, investigate and discipline acts of ruthlessness on females. International obligations are violated if the State does not act.

A criminal justice that is effective is supposed to prioritize the safety of victims and make the offender accountable. The criminal justice ensures that the violence is redressed in time and avoids re-victimization. It also provides legal remedies are enforced including ensuring that the perpetrators are punished. Due diligence is an obligation of means and not result. Responses should be organized by the States to allow the relevant authorities to prevent, punish and investigate crimes. Updated Model strategies were adopted by the United Nations to assist the criminal justice to meet their due diligence obligations to protect women against violence.

Strategies and measures which can assist prosecutors in better addressing the issues of women and ensuring fair treatment in the justice system are included in the updated policies. In response to inhumanity against females, the following elements are included in the updated strategies and measures:

• Victim-centered. The goals of effective criminal justice are to provide safety and ensure the well-being of the victim. The victim-centered approach to criminal justice argues that victims should be treated with respect and compassion. Victims should also have the right to information and decision making in participating in the process of criminal justice. The victims should also be aware of the risks and what is required. The role of the justice system is to ensure that the victims are safe and to assist in managing the risks. Rules and policies of the justice system should empower women who suffer because of barbarity. Inhumanity against women can result in deprivation of self-respect and sense of control. The criminal justice should thus restore and reinforce the dignity of women and also avoid re-victimization.
• Accountability of the offender. The criminal justice should stop questioning how credible victims are. They should instead focus on building the case and ensuring the investigation, prosecution and punishment are consistent. The police may discuss the matter with the prosecutor earlier to give expert testimonies in court.
• Use of Approach that is coordinated and comprehensive. The criminal justice should work as a team in ensuring they adequately respond to violence against women. All relevant government sectors should also be involved to provide a comprehensive response to violence. Support agencies should for example work with the police and prosecutors to ensure the victims are well supported when giving statements and information when the case is progressing.
• Use of experts that are specialized. Special police and prosecutorial units and special courts should be used. The experts should also be trained and provided with a multidisciplinary approach.
• Adequate resources. For the response to be effective, the State should ensure the funds are sufficient.
• The mechanism should be monitored. For the strategies to be effective, the stages of law should be followed.
• Strategies which can help address the needs of women and ensure the victims are fairly treated. The prosecution authorities are responsible for protecting the victims regardless of the level and type of injury.

During exploring the efficacy of criminal justice in addressing violence against women, one must understand attrition rates. Finding the attrition rate through research is difficult. How, why and when cases are lost in the criminal justice process is known as attrition. Most countries do not provide primary data on the number of prosecutions and convictions. The attrition rates are not also accurate. Conviction rates are declining despite the increased and widespread reformation of criminal laws. National prosecutors should bear in mind that criminal justice professionals in different countries have different roles and authority.

To understand the obstacles victims face in dealing with the law, prosecutors should follow the behavior of the victim. Prosecutors deal with victims who want justice and these victims cooperate with them. However, when it comes to violence against women, it may be different. The victims are uncooperative and even unbelievable to prosecutors. This may be because the victim may fear stigmatization or they may mistrust the criminal justice system. The victim should be given support by the court so that they can cooperate. Extraordinary measures are used to support a victim in court. Prosecutors discuss with the police before the proceedings. Myths and stereotypes are also challenged in court by the prosecutors. Expert evidence is provided, or specific instructions are given to the jury.

The criminal justice system should also protect children. Some guidelines should be followed involving victimized children. The 'Best Interest of the Child' is the first guiding principle. The principle means that any decisions made on behalf of the child by the parent or community should be in favor of the child. This principle guides the justice system. Some State feels that the principle is self-explanatory, but South Africa has defined the principle in the Children's Act. Whether the principle is self-explanatory or defined in the legislation, it is applied in all domestic courts. The judge considers the law when making decisions that will directly or indirectly affect the child.

Another principle in the guideline is about the child's dignity. The policy of dignity states that the victim should be treated with dignity and compassion. A meaningful role is given to the child throughout the justice process. The process may lead to the child willing to assist in investigations and the judicial process. The risk of experiencing secondary victimization thus diminishes. The right to dignity and compassion is enshrined in the domestic legislation to ensure the application of the power of the child victim is treated with dignity and compassion. The law upheld the protection of the child although it is at times enshrined in the constitution.

Other more specific laws, however, need to complement the right to be dealt with dignity since it does not address particular situations of child victims. The power does not differentiate between an adult and a child, and the law is silent when it comes to witnesses. According to the right, the child should be given the treatments of a human and not as a passive recipient of adult care and protection. Treatment should be provided according to the age and level of maturity of the child. The feelings, needs, and beliefs of the child should be understood and treated with compassion.

Protection against discrimination is another guideline. The guideline includes children who have broken the law. The child must be secured from all types of discrimination. It is relevant to focus on the specific conditions of children in preventing discrimination as specific child-related grounds of discrimination will be addressed. Positive steps should be taken to avoid bias by justice professionals and prosecutors. Training and education should be provided to professionals on the rights of the child. Monitoring and supervision should be done to widen the range of targeted professionals. Programs on discrimination can be implemented by getting the support of international and non-governmental organizations.

Child victims and witnesses should not be treated on an equal basis with adults, but there should be a real distinction. The law ensures that vulnerable children are provided with better protection by emphasizing on the need to distinguish children from adults. Protecting children from evolving capacities is essential. Victims of certain crimes and children without parental care need additional protection since they are vulnerable. The justice system included the guideline of definite distinction since children are more susceptible. The guidance also touches on health. Socio-economic grounds are also looked at which implies that the child victim should have free access to the justice system if they cannot afford to pay. Specific protection is provided to a child's immigration or refugee status.

Every child has the right to engage in the justice procedure regardless of their age. A child should not be prevented from participating fully in the justice process because of their age. As long as the child is mature, his or her testimony should not be assumed to be invalid or untrustworthy. Even if there is an exemption of a child to take an oath, the judge should remind the child that they have a duty of telling the truth. A child is exempted from taking an oath to protect them from possible ridicule in case the testimony is given is not true. The best approach used is to treat a child exactly like an adult witness. Before conviction is done based on the child's testimonies, communication skills, mental development and understanding of the child should be put into consideration.

The child has the right to be informed regardless of his or her involvement in the justice process. The child should also be shielded from privation during the justice operations. Information about the risks of the child's par...