SECTION II: Assessment Instrument
SECTION A – LAWS: 3
Laws, especially the criminal code and the criminal procedures code, form the basis
of all criminal justice systems. These laws must clearly define crimes, the
corresponding punishments, and how those accused of committing crimes must be
treated. Protecting many human rights begins with establishing criminal procedure
codes which prohibit discrimination and mistreatment. Citizens must have access to
these laws in order to hold their government accountable. The specific authorities of
an institu tion are often laid out in national legislation such as a police act or
judiciary act. These are the kinds of issues examined in this section of the Criminal
Justice Sector Assessment Rating Tool.
Context Questions
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How do the laws balance the good of society as versus the rights of
individuals?
Is there a demand for legal reform within the government?
What is the relationship between non-state justice and law
enforcement organizations? Are they recognized by law? Is the
jurisdiction between the formal and informal system clear?
1) Function: Criminal Code
a) Capability: Content
i)
Measurement Indicators
Is there a criminal code?
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Does the criminal code clearly lay out the elements of most crimes?
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Do serious crimes merit appropriate penal sanctions (as opposed to
monetary fines)?
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Are penalties (minimum…“to receive no less than” language)
written in the law?
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Do less serious, or victimless, crimes receive appropriate/lesser
sentences which are written in the law?
b) Capability: Access – Awareness
i)
Measurement Indicators
Are criminal laws drafted, publicly debated and passed in an open
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and transparent process?
3
NOTE: All queries in a sub-category that are underlined must be answered in the affirmative for a
country to score above a two in that sub-category regardless of the proportion of other affirmative
responses.
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