MEMBERS

1.Nashon Odhimbo _ A19/01010/23

2.Brian Nyakoe _ A19/00707/23

3.Sarah Nawire _ A19/08969/22

4.Vera Nyangayi _ A19/08880/22

5.Moton Kamonde _ A19/01085/23

6.Kevin Weeden _ A19/01053/23

7.Mike Gichana _ A19/08972/22

8.Samson Gesora _ A19/01062/23

9.Otieno Veronica _ A1900266/23

10. Larry Omondi _ A19/00969/23

NEXUS BETWEEN FORMAL AND INFORMAL JUSTICE SYSTEM

1). Definition and structure

 Formal Justice system: This is the established legal framework that includes law enforcement
courts and correctional facilities. It operates under codified laws and regulation with formal
procedures for adjudicating disputes and administering justice.
 Informal justice system: Encompasses non-legal mechanism for resolving disputes, such as
community mediation, restorative justice practices and traditional dispute resolution methods. It
is often less structured and relies on social norms and community involvement.

2). Procedures and processes

 Formal justice system: Involves set procedures including arrests trials and sentencing, governed
by legal standards. Rights of the accused (e.g. the right to a fair trial) are protected by law
 Informal justice system: Typically involves mediation or negotiation often without legal
presentation. The focus is on dialogue and consensus rather than formal rulings.

3). Enforcement and authority

 Formal justice system: Enforcement by government authorities (police, judges etc.) with the
power to impose penalties such as fine and imprisonment.
 Informal justice system: Relies on community members or leaders to enforce agreements and
resolution aiming to repair harm often through social pressure rather than legal authority.

4). Outcome focus

 Formal justice system: primarily focused on punishment and deterrence often emphasizing
retribution over rehabilitation.
 HOW FORMAL AND INFORMAL JUSTICE SYSTEM WORK TOGETHE IN ENFORCING LAW AND JUSTICE

 Informal justice system: More likely to concentrate or restoration and reconciliation aiming
to Complementarity: The formal and informal systems often complement
each other. Informal methods can provide quicker, more accessible solutions
for minor disputes, reducing the burden on the formal system.
 Restorative Justice: Both systems can pursue restorative justice
approaches, focusing on repairing the harm caused by criminal behavior
rather than solely punishing the offender.
 Referral Mechanisms: In some cases, the formal system may refer cases to
informal justice mechanisms for resolution, especially when the community’s
involvement is deemed beneficial.
 Social Context: The informal system often reflects the cultural, social, and
community values of a society, which can influence the interpretation and
application of formal laws.
Overall, the integration of formal and informal justice systems allows for a more holistic
approach to conflict resolution, promoting both legal compliance and social cohesion.
Is It Fair to Treat Some Offenders Informally?

The fairness of informal justice treatment depends on several factors:

1. Nature of the Offense: Minor offenses or first-time non-violent offenders may benefit from
informal resolutions, promoting rehabilitation and reducing recidivism. In contrast, serious
crimes may necessitate formal processing to ensure accountability and justice for victims.

2. Context and Community Standards: In communities with strong social ties and norms, informal
systems can effectively address wrongdoing while fostering community cohesion. However,
disparities in power dynamics or biases can undermine fairness.

3. Victim’s Rights and Involvement: Informal processes often allow victims to have a voice in the
resolution. If victims feel satisfied with the outcome and justice is perceived as served,
informal approaches can be seen as fair.

4. Potential for Inequality: There is a risk that informal justice may favor certain groups over
others, leading to unequal treatment based on socioeconomic status, race, or other factors.
Ensuring fairness requires vigilance against these biases.

EXAMPLES OF COMMUNITY BASED JUSTICE PROGRAMS

1. Restorative Justice Circles

These programs bring together offenders, victims, and community members to discuss the impact of
the crime and agree on steps to repair the harm. This can include apologies, community service, or
restitution.

2. Community Mediation
Facilitators help parties in conflict (e.g., neighbors, families) reach a mutually acceptable resolution
outside the court system. This approach focuses on communication and understanding rather than
punishment.

3. Youth Diversion Programs

These programs redirect young offenders away from formal judicial processes, providing them with
counseling, mentorship, or community service opportunities to address their behavior constructively.

4. Neighborhood Accountability Boards

In these initiatives, community members review cases of minor offenses and decide on appropriate
consequences, focusing on accountability and community healing rather than punishment.

5. Victim-Offender Dialogue

This program allows victims to meet with offenders in a controlled environment to discuss the crime's
impact, fostering understanding and often leading to restorative agreements.

6. Indigenous Peacemaking Circles

Utilizing traditional practices, these circles involve community elders and leaders to resolve conflicts
based on cultural values and principles, emphasizing healing and community restoration.

7. Community Policing

This approach encourages collaboration between police and community members to identify and
solve local problems, promoting trust and proactive crime prevention rather than reactive
enforcement.

8. Family Group Conferencing

Often used in child welfare cases, this program involves the family and community in decision-making
processes regarding the care and support of children, aiming to keep families together.

9. Problem-Solving Courts

These specialized courts (e.g., drug courts, domestic violence courts) focus on addressing the
underlying issues that contribute to criminal behavior through support services, rather than merely
punitive measures.
10. Community Service Programs

Offenders are assigned to perform community service as a form of punishment, allowing them to
contribute positively to their community while making amends for their actions.

These programs emphasize collaboration, healing, and community involvement, often leading to more
satisfactory outcomes for all parties involved.