Human Rights Of Accused Persons And Recidivism: A Comparative Study
- IJLLR Journal
- 1 day ago
- 1 min read
Abha Saini, LLM, Gujarat National Law University, Silvassa
ABSTRACT
The protection of human rights for accused person is a cornerstone of fair and effective criminal justice systems worldwide. This research paper explores the relationship between the treatment of accused individuals and recidivism rates through a comparative study of countries with varying legal frameworks. It highlights how systemic violations of human rights such as prolonged pre-trial detention, lack of legal representation, and inhumane prison conditions contribute to higher reoffending rates, while rehabilitative approaches, as seen in Norway, yield better outcomes. The study examines diverse legal systems, including the punitive model of the United States, the rehabilitative focus of Norway, and the challenges faced by developing nations like India and Nigeria, where resource constraints and corruption undermine rights protections. Case studies, such as the wrongful detention of Kalief Browder in the U.S. and custodial torture in India, illustrate the consequences of systemic failures. Key findings reveal that countries prioritizing humane treatment, fair trials, and reintegration programs achieve significantly lower recidivism rates compared to those emphasizing punishment. Challenges such as cultural biases, political resistance, and institutional inertia hinder reforms, but policy recommendations offer actionable solutions. These include strengthening legal protections, adopting restorative justice, reforming sentencing practices, and improving prison conditions. Public awareness campaigns are also critical to shifting societal attitudes toward rehabilitation over retribution. Ultimately, this research underscores the importance of aligning criminal justice systems with international human rights standards to reduce recidivism and promote societal reintegration. By addressing systemic barriers and implementing evidence-based reforms, nations can foster fairer, more effective justice systems that uphold the dignity and rights of all individuals.
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