In 2007, the Malawi High Court struck down the mandatory death penalty on the grounds that it violated the accused’s constitutional rights to a fair trial and access to justice. This project was ...
Criminal Justice (Factor 8 of the WJP Rule of Law Index) evaluates the criminal justice system. An effective criminal justice system is a key aspect of the rule of law, as it constitutes the conventional mechanism to redress grievances and bring action against individuals for offenses against society. Effective criminal justice systems are capable of investigating and adjudicating criminal offenses successfully and in a timely manner (8.1 and 8.2), through a system that is impartial and non-discriminatory (8.4), and is free of corruption and improper government influence (8.5 and 8.6), all while ensuring that the rights of both victims and the accused are effectively protected (8.7). The delivery of effective criminal justice also necessitates correctional systems that effectively reduce criminal behavior (8.3). Accordingly, an assessment of the delivery of criminal justice should take into consideration the entire system, including the police, the lawyers, prosecutors, judges, and prison officers.
8.1 Criminal investigation system is effective
8.2 Criminal adjudication system is timely and effective
8.3 Correctional system is effective in reducing criminal behavior
8.4 Criminal justice system is impartial
8.5 Criminal justice system is free of corruption
8.6 Criminal justice system is free of improper government influence
8.7 Due process of law and rights of the accused