Criminal Justice [electronic resource] : Security and Justice Thematic Paper. / Jake Sherman.

By: Sherman, JakeContributor(s): Sherman, JakeMaterial type: TextTextSeries: World Development Report Background Papers | World Bank e-LibraryPublication details: Washington, D.C. : The World Bank, 2010Subject(s): Access to Justice | Accountability | Alternative Dispute Resolution | Anticorruption | Arbitration | Arrests | Children and Youth | Civil Society Organizations | Conflict and Development | Corruption | Corruption & anticorruption Law | Courts | Customary Law | Discrimination | Financial Management | Gangs | Gender | Homicide | Human Rights | Inheritance | International Cooperation | Judicial Reform | Judiciary | Jurisdiction | Law and Development | Law Enforcement | Leadership | Legal Aid | Legal Framework | Legal Reform | Mediation | Parents | Penal Code | Post Conflict Reconstruction | Rule of Law | Sanctions | Sentencing | Social Conflict and Violence | Social Development | Technical Assistance | Terrorism | Transparency | Urban Crime | Violence | YouthOnline resources: Click here to access online Abstract: Strengthening the rule of law is widely regarded among traditional donors, multilateral institutions, and a growing number of middle income and fragile states as a necessary precondition for sustainable peace, poverty alleviation, and development. Crime and violence deter investment and lower employment, undermine social institutions, and divert resources through direct and indirect costs, all of which hinder development. It is likely to disproportionately affect poor and marginalized populations by limiting access to basic services. The formal criminal justice system is seen in many environments as failing to deliver justice. Most states experiencing fragility do not have the capacity to effectively prevent crime, enforce laws, or peacefully resolve disputes across the whole of their territories. There is another powerful deterrent for communities to seek redress through state criminal justice institutions: they are frequently a primary instrument for the government and elites to maintain power and control through the perpetration of injustice. The informal system, however, is alone insufficient to handle the pressing justice requirements of fragile states, not least for preventing and responding to inter-communal conflict, to serious organized and cross-border crime, and to public corruption and other 'white collar' crime.
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Strengthening the rule of law is widely regarded among traditional donors, multilateral institutions, and a growing number of middle income and fragile states as a necessary precondition for sustainable peace, poverty alleviation, and development. Crime and violence deter investment and lower employment, undermine social institutions, and divert resources through direct and indirect costs, all of which hinder development. It is likely to disproportionately affect poor and marginalized populations by limiting access to basic services. The formal criminal justice system is seen in many environments as failing to deliver justice. Most states experiencing fragility do not have the capacity to effectively prevent crime, enforce laws, or peacefully resolve disputes across the whole of their territories. There is another powerful deterrent for communities to seek redress through state criminal justice institutions: they are frequently a primary instrument for the government and elites to maintain power and control through the perpetration of injustice. The informal system, however, is alone insufficient to handle the pressing justice requirements of fragile states, not least for preventing and responding to inter-communal conflict, to serious organized and cross-border crime, and to public corruption and other 'white collar' crime.

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