Alternative Dispute Resolution in Criminal Justice System in Bangladesh

Abstract

The Criminal Justice System (CJS) is a collection of organizations, policies, and procedures that a government establishes to maintain social order, prevent criminal activity, enforce laws, and ensure justice. It aims to protect the public and bring about justice for all. The CJS includes judicial systems and legal processes that address criminal offenses. It consists of three main components: the judicial system, penitentiary systems, and law enforcement, often referred to as the law enforcement system. The primary responsibilities of the CJS are to locate and apprehend criminals, enforce court orders, and uphold the rule of law. It investigates potential crimes, ensures fair trials, and applies appropriate penalties or corrective actions. Its overarching goal is to preserve public safety, advance justice in communities, and uphold the rule of law. Alternative Dispute Resolution (ADR) has emerged as a promising approach to resolving legal conflicts efficiently and amicably. This research examines the historical evolution, procedures, applications, and effectiveness of ADR within Bangladesh's criminal justice system. It identifies issues in dispute resolution and provides original responses regarding criminal cases. Since there is no specific law governing ADR in Bangladesh’s criminal justice system, this study draws on examples from other countries to explore ADR's potential. It also investigates the willingness of parties involved in criminal cases to use ADR. The research evaluates the effectiveness of traditional legal processes, analyzes the benefits of ADR, and aims to contribute to the development of a more efficient and fair justice system. The study explores various ADR mechanisms, such as mediation, arbitration, and negotiation, assessing their suitability for different criminal cases. It also examines the legal and institutional frameworks necessary for integrating ADR into the criminal justice system. By addressing challenges and limitations, the research offers recommendations for the successful implementation of ADR in Bangladesh, improving the accessibility and efficiency of the justice system. In conclusion, the research monograph provides a practical understanding of ADR in Bangladesh’s criminal justice system and serves as a foundation for decisions on implementing plea bargaining. The research aims to develop a comprehensive analysis of ADR’s effectiveness, contributing to reforms and the development of fairer justice mechanisms in Bangladesh.