Heuristic Perspective Of Criminal Justice System: Questioning On Justice Delivery Procedure In India And Internal Security Threat

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Gulpham , S. ., & Kewlani, V. . (2021). Heuristic Perspective Of Criminal Justice System: Questioning On Justice Delivery Procedure In India And Internal Security Threat. The American Journal of Political Science Law and Criminology, 3(06), 1–5. https://doi.org/10.37547/tajpslc/Volume03Issue06-01
Shahanshah Gulpham , Criminology Rashtriya Raksha University

Assistant Professor

Vinita Kewlani, Teaching Cum Research Criminology Rashtriya Raksha University

 Associate

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Abstract

Heuristic is the problem solving method generally considers a way of shortcut solution of a particular problem in given time frame or deadline based on quick decision particularly in complex situation. Except boundary problems of our country, the remaining security problems always exist within the country. India may be facing internal security challenges in future on personal perspective existing group of fundamentalist. For example, various police encounters with heuristic perspective seems under passing the judicial process of delivering justice which may lead to the idea of injustice in individual in the victims perspective. So, intervening heuristic perspective in criminal justice system is in of pre trail situation can create a problem for stability of the democratic structure in which criminal justice system is the part of belief and trust for its citizen.

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The USA Journals Volume 03 Issue 06-2021

1

The American Journal of Political Science Law and Criminology
(ISSN

2693-0803)

Published:

June 12, 2021 |

Pages:

1-5

Doi:

https://doi.org/10.37547/tajpslc/Volume03Issue06-01





















































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MPACT

F

ACTOR

2021:

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952

ABSTRACT

Heuristic is the problem solving method generally considers a way of shortcut solution of a particular
problem in given time frame or deadline based on quick decision particularly in complex situation.
Except boundary problems of our country, the remaining security problems always exist within the
country. India may be facing internal security challenges in future on personal perspective existing
group of fundamentalist. For example, various police encounters with heuristic perspective seems
under passing the judicial process of delivering justice which may lead to the idea of injustice in
individual in the victims perspective. So, intervening heuristic perspective in criminal justice system is
in of pre trail situation can create a problem for stability of the democratic structure in which criminal
justice system is the part of belief and trust for its citizen.

KEYWORDS

Heuristic Perspective, Criminal Justice System, Situation Crime, Democracy.

INTRODUCTION

National security is built around this concept
of

protecting

our

borders

and

our

sovereignty. We are not sure that we have
only nation’s border security challenge
anymore—it’s a future challenge and biggest
threat in internal Security. I worry that the
challenge in 2030 will not be centered on

some latitude-longitude definition of a
country; it will be about a concept. The
concepts are the values that our nation was
founded upon. National security may no
longer be related to just our borders and our
boundaries. How are we prepared for that?
We’re not prepared for it. That’s my concern.

Heuristic Perspective Of Criminal Justice System: Questioning
On Justice Delivery Procedure In India And Internal Security
Threat


Dr. Shahanshah Gulpham

Assistant Professor In Criminology Rashtriya Raksha University, Gandhinagar, India

Ms. Vinita Kewlani

Teaching Cum Research Associate In Criminology Rashtriya Raksha University, Gandhinagar,
India

Journal

Website:

http://theamericanjour
nals.com/index.php/taj
pslc

Copyright:

Original

content from this work
may be used under the
terms of the creative
commons

attributes

4.0 licence.


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The USA Journals Volume 03 Issue 06-2021

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Humanity has had challenges within a decade
that are just so different than they were in
past when we worried about an existential
threat.

It is my heuristic perspective idea on
importance of objective in decision as
‘Heuristics’

in

Crime-Victim’s

Justice,

questioning

that-

Is

Democratic

India

approaching way and scoping denial of judicial
proceeding? ‘In research, heuristics are the
problem solving method generally considers a
way of shortcut solution of a particular
problem in given time frame or deadline based
on quick decision particularly in complex
situation. Origination of this word is from
Greek, meaning ‘to discover’. It is commonly
used for business purposes.

Heuristic in common is an approach of solving
the problems and identified self discovery
which employed practical method not on
rationality of the problems. This can also be
used to swiftness the progression of solving
the immediate problem. For instance, just
looks the matter of Hyderabad rape case in
Indian scenario, we find that the police took
up the culprits and encountered without
criminal investigation. This matter was evoked
by the advocates of democracy as the
heuristic method based on trial and error. If
police of democratic country follow this
method, it will be difficult to approach
prescribed alternate solutions of justice
delivery as guaranteed by Constitution of
India.

Heuristic approach facilitates for quick and
timely decision. No doubt that some heuristics
are situational applicable and useful but if we
talked about correct work and need of just
because some pressure. It may be public

pressure or political pressures, critically
examined that always heurism is not always
right or accurate work particularly in
democratic setup.

The matter is that we have seen a large
number of criminal cases in recent past in
India which winded up with shortcut method
utilized by police and encountered criminals
without judicial proceeding. The question is
that how the heuristic approach of police
would shape the democratic structure of India
and the accountability inbuilt with police at all
the edge of ignorance. This seems under
passing the judicial process of delivering
justice which is for most important concept of
any democratic country. The above questions
reviewed this method and suggests for
preservation of democratic structure of India
as a strong democratic country having trust
and belief in the world. Further I believe that
the internal security problems should not be
treated as merely law and order problems.
They have to be dealt with comprehensively in
all their dimension and at all levels- political,
economic and social. They are interlinked.

The management of internal security,
therefore, assumes great importance. If this
tackled effectively, subversion by the external
forces to that extent becomes more difficult.
India may be face internal security challenges
in future on personal perspective and its
nature. The objectives behind the research of
heuristic perspective in Indian criminal justice
system process to understand generation of
fact from non-fact methods such as (1) domain
comes from decision science; (2) review of
relationship in div and mind; (3) rationality
of

thoughts;

and

(4)

diversion

of

collectiveness. Heuristic decision taking is
relying heavily on mental shrotcuts as we


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utilize or make judgment or take decision on
rule of thumb and choices based on evidence
narrated which leads to errors and faults (Dale
2015).

Crime Situation and Heuristic Method

Situational crime prevention and crime
analysis (Clarke and Eck 2005) has found many
practical uses in crime science. In criminal
heuristic, interest of integrating the analysis of
crime situations in the reasoning process
becomes more evident (Schuliar and Crispino,
2013).

Polya

George,

an

Hungarian

mathematician described heuristic method
based on four principles; try to understand the
problems, make a plan, carry out this plan and
evaluate and adapt (Polya George 1945).

First principle is deal unknown data and
condition and search for possibility to satisfy
the condition. Part of the police, it applied
very fast with criminals in India. Second
principle of the method compared the
situation and problems and thereby come to
conclusion of usefulness of this method in
their follow up action and also having the plan
of action to solving the auxiliary problems
associated with ending of the chapter which
ultimately lead to encounter of criminals.

Third principle of heuristic method is utilized
by police on plan of solution checking each
step (story of criminal ending). They build
psychological confidence of their act and
prove to be correct in public. Finally last
principle of the method find its place in the
form of result which is sometime supported
by public at large on arguments with the
sentence of further inquiry of the commission.

In India, the matter of criminal act may be
heinous or less serious is appear to be judicial

process. Parallel, public pressure acceptance is
nucleus consideration of police and also
political decision in respect of the public
opinion which facilitating continuous to adapt
heuristic in victim justice delivery.

Harm by Heuristic

Decision making effectiveness is unalienable
judicial process. Ignoring this can cause
diffusion in cause and effect relationship in
justice delivery. Constitution of India always
provide full of freedom to judiciary in
delivering justice in the availability of plethora
evidences. And finally a long course discussion
end with delivering of justice to the victims. It
delayed but cannot stray from process as
available for defenders which may be criminal
or associated with criminals.

Internal security challenges will increase after
adopting the continuous heuristic perspective
as beyond 2030 crime projection or
identification of internal security problems. If
heuristic will be reduced and less interference
with criminal justice process or individually by
enforcement agencies then the country lead
for peacemaking and un-dividing thoughts of
nation

and

unity

in

diversity

for

developmental approach as:

Eradication of threat, we may proceed
for balance society.

Victims and victim’s family will not
approach for retribution (caste, creed,
religion, community, linguistic etc.).

National and international rating
agencies will trust upon us.

Socio-economic development will take
place with harmony, peace and justice

Unity in diversity will maintain with
long prosperity.


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I also believe that effective decision making
something different from heuristic decision
making. Where there is process one cannot
ignore. The Indian criminal justice system has
well established procedure for delivery of
justice on rule of law and accountability
associated with controlling agents. In India
criminal justice system, the value of time
taken in justice process generally ignored
supported quotes of John Adams: ‘It is more
important that innocent be protected than it
is that guilt be punished, for guilt and crimes
are so frequent in this world that they cannot
all be punished’. A heuristic decision by
enforcement agency affects on all in criminal
justice system and equal damage the ethos of
other agencies.

Request for Heuristic

Here, one thing is important to note that I am
not again the heuristic approach in problem
oriented criminal justice system which applied
diverse approaches with focused action. It is
observed that making image with the help of
heuristic approach in solving the crime with
zero evidence reflects strong to weak
orientation. Crime solving in hot spot or
patrolling with rapid response is needed but
follow up investigation is so much important
for trust build up among fellow citizens in
victim’s perspective.

Heuristic perspective would be applied for
speeding the justice procedure under the
criminal justice setting and avoid in ending the
criminal cases. Heuristic speed up in solving
our problems and decision making processes.
Extreme or excess gain of heuristic may also
be proving the mother of errors and bias
judgments in criminal justice process.

CONCLUSION

Some peoples are not ideological adjusted in
political dilemma of the country and they
were

always

trying

to

unstable

the

government. Their arguments are generally
based on heuristic approach adopted by
enforcement agencies in maintaining internal
security structure. Fundamentalist is finding a
place for their existence and arguments
regarding various kind of report, News which
defaming

the

country

supported

by

international outfit organizations and after
that hidden hands involving in conspiracy with
this argumentation.

Evidence based heuristic perspective and
problem oriented approach of criminal justice
machinery remove the biasness in delivery of
justice. This will also undertake broader
analysis and understand the solutions of crime
problem as well as the fellow citizen’s belief
insert in democracy and peaceful life
promoting for development of the nation in
unified strength.

REFERENCES

1.

Adams John (2008): “Works of John
Adams V1: Second President of the
United States (1852)”, Kessinger
Publishing, Whitefish, MT.

2.

Clarke, Ronald V., and John E. Eck
(2016): “Crime Analysis for Problem
Solvers- in 60 Small Steps”, Office of
Community Oriented Policing Services,
Washington.

3.

Cornish D, Clarke R.V. (1986): “The
Reasoning Criminal”, Springer, New
York.


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The USA Journals Volume 03 Issue 06-2021

5

The American Journal of Political Science Law and Criminology
(ISSN

2693-0803)

Published:

June 12, 2021 |

Pages:

1-5

Doi:

https://doi.org/10.37547/tajpslc/Volume03Issue06-01





















































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MPACT

F

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2021:

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952

4.

Dale S. (2015): “Heuristics and Biases”,
Business Information Review, 32 (2):
93-99.

5.

Folkes, V.S. (1988): “The Availability
Heuristic and Perceived risk”, Journal
of Consumer Research’, 15, pp.13-23.

6.

Gilovich, T. Griffin, D.W. Kahneman, D
(2002): “Heuristics and Biases: The
Psychology of Intuitive Juddement,
Cambridge University Press, New
York.

7.

Katsikopoulos,

K.V.

(2010):

“Psychological Heuristics for Making
Inferences: Definition, Performance,
and the emerging theory and Practice’
Available

at:

http://www.econ.upf.edu/docs/semina
rs/katsikopoulos.pdf.

8.

Polya George (1945): “How to Solve It-
A new Aspect of Mathematical
Method”,

Sanford

University,

Doubleday Anchor Books, Garden City,
New York.

9.

Ross, L. Nisbett RE (1991): “The Person
and the Situation: Perspectives of
Social Psychology”, McGraw-Hill, New
York.

10.

Shah, A.K., Oppenheimer, D.M. (2008):
“Heuristics made easy: An Effort-
reduction framework”, Psychological
Bulletin’, 134 (2): 207-222.

11.

Shedler, J., Manis, M. (1986): “Can the
Availability Heuristic Explain vividness
effect”, Journal of Personality and
Social Psychology, 51 (1), pp. 26-36.

References

Adams John (2008): “Works of John Adams V1: Second President of the United States (1852)”, Kessinger Publishing, Whitefish, MT.

Clarke, Ronald V., and John E. Eck (2016): “Crime Analysis for Problem Solvers- in 60 Small Steps”, Office of Community Oriented Policing Services, Washington.

Cornish D, Clarke R.V. (1986): “The Reasoning Criminal”, Springer, New York.

Dale S. (2015): “Heuristics and Biases”, Business Information Review, 32 (2): 93-99.

Folkes, V.S. (1988): “The Availability Heuristic and Perceived risk”, Journal of Consumer Research’, 15, pp.13-23.

Gilovich, T. Griffin, D.W. Kahneman, D (2002): “Heuristics and Biases: The Psychology of Intuitive Juddement, Cambridge University Press, New York.

Katsikopoulos, K.V. (2010): “Psychological Heuristics for Making Inferences: Definition, Performance, and the emerging theory and Practice’ Available at: http://www.econ.upf.edu/docs/seminars/katsikopoulos.pdf.

Polya George (1945): “How to Solve It- A new Aspect of Mathematical Method”, Sanford University, Doubleday Anchor Books, Garden City, New York.

Ross, L. Nisbett RE (1991): “The Person and the Situation: Perspectives of Social Psychology”, McGraw-Hill, New York.

Shah, A.K., Oppenheimer, D.M. (2008): “Heuristics made easy: An Effort-reduction framework”, Psychological Bulletin’, 134 (2): 207-222.

Shedler, J., Manis, M. (1986): “Can the Availability Heuristic Explain vividness effect”, Journal of Personality and Social Psychology, 51 (1), pp. 26-36.

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