ABSTRACT
Throughout this book, and especially in Chapter 1, some of the basic shortcomings and ills of the civil litigation process, as well as the alienation of litigants associated with them, have been considered. Indeed, the same shortcomings afflict the criminal justice system and, perhaps, do so in an even more damaging fashion. The general feeling of the litigant in the criminal justice system is one of alienation, disenchantment and disenfranchisement. This is precisely so because crime has hitherto been regarded as an offence against the state. For example, the victim is detached from the process except when required to testify in court. Offenders hardly have the opportunity to be confronted with the consequences of their actions. Neither the family of the victim nor the community is brought into the process in any direct way. Not many recognise such a system as being capable of achieving ‘justice’ for all. Besides, the rapid escalation of crime suggests that the current system is unable to cope effectively with the challenges to society.
