Globalization has brought positive changes to the U.S criminal justice system, consequently, law enforcement agencies can now be able to get information on any individual within a very short time(Albanese, 2013). Before the emergence of interlink of countries and globalization, law enforcement agencies would have taken a very long time to get the criminal history of an individual since all this information would have been in another country’s database. This means that criminals find it more difficult to escape or hide the crimes they are running from. Even U.S citizens who try to flee the country do so on borrowed time as the U.S law enforcement agencies like the F.B.I connect with law enforcement agencies from other countries to apprehend the suspect(Ebbe, 2013).
Criminals and major crimes are a big challenge to the criminal justice systems all over the world because it takes away so much effort, resources and time from other things. Countries with a criminal justice system that is not so much developed must focus and direct their resources to more pressing issues that are at hand. This is a perfect chance for lower level criminals to get away with serious crimes. Thus, these countries may require help from countries with more established criminal justice system such as the U.S. By doing so, it takes away resources that should have been used domestically ( from their homeland agencies) that consequently leaves criminals with a wider avenue to perpetrate crime. This is a domino effect that occurs due to globalization and criminal justice system being globalized(Gaines &Kappeler, n.d.).
Compare and contrast international criminal justice systems (Civil Law, Common law, and Islamic Law and Socialist Law traditions).
Civil law- these are rules thatoutlines private rights and remedies, individuals disputes are governed by civil law and the disputes may range from contracts, family and property. It is distinct from public or criminal law.
Common Law- This is ancient law of Englandthat is based on customsthat are accepted and enforced by decrees and judgments of the courts. They are case laws and general body of statutes that were used to govern England and American colonies before the American Revolution. They are also used in former British colonies(Inciardi, 2010).
Islamic law-To Islamic law, represents for the Arab community, all norms or principles by which the Muslim population should be governed. In many Islamic countries, this law means a source of primary law, but its application is not the same for all, since it does not represent a formal rule, ie that its application will be subject to the interpretation given in Every Muslim state.
This law, in addition to defining the moral foundations of the Arab community, also serves as a guide in many aspects of ordinary Muslim life such as politics, finance, economics, social affairs, etc.
The Quran, the Sunna, the sayings and deeds of Muhammad (hadith), are some of the texts where you can find these principles or standards, which have been issued by recognized and selected sources in different collections. In each and every one of them is referred, of all those people considered honorable and worthy of Faith, who spread every one of the said and revealed facts(Merino, 2013).
Socialist Law traditions- This is also known as soviet law, it was developed after seizure of power in 1917 by the communist in Russia. It was imposed in all of the soviet union after world war 2.
Discuss the impact that cyber crime and technology have had on worldwide justice systems.
A theoretical framework is centered on judicial organization and the use of ICTs in the administration of Justice and also studying important elements associated with justice. The adoption of new technology is determined by the process designed for the implementation of the new judicial office, as well as an analysis of the qualitative relationship between ICT incorporation, modernization objectives and organizational changes in the Administration of Justice(Merino, 2013).
The results of a research – published in the first half of 2013 – are of global interest. There is talk of the economic impact of the improvement of efficiency in the field of Justice; The organizational model of the New Judicial office, its structure and problems; The efficient use of ICT in the Administration of Justice in a context determined by the Constitution, regarding the right to a judicial process without undue delay, effective judicial protection, and Efficiency in the Administration of Justice), and the Information Society, as well as the electronic justice system.
The conclusions raise questions about the viability of the current model of the New Judicial Office, as well as the need to subject the Justice administration to a process of integral re-engineering if the objectives of modernizing and safeguarding constitutional guarantees with criteria of efficiency, which will involve the redesign of processes from a 21st century perspective(Sanders, Young & Burton, 2010). This will require a transversal public policy that, beyond the judicial office, implies a paradigm shift, mentioning proposals such as those related to the orientation towards an “Open Justice”.However, it is easy to not that technology has revolutionalized the Justice system in many positive ways.
The term police originate from the Greek word politeia, which has a meaning of protection, order and social organization. The term police applied to all administrative activity, so from the perspective of Administrative Law, some scholars defines it as: “that activity that the Public Administration deploys in the exercise of its own powers that, to ensure the maintenance of public order, Limits the rights of those administered by exercising, as the case may be, coercion on them. ” From which we can extract the following characteristics:
Care for citizens and having a performance In accordance with the law and fundamental rights. Police know their area of work and the neighbors to them, trying to prevent the particularities case of Bavaria, Bremen or Hamburg that have their own border police, or also in Bavaria that their criminal investigation office is also the central federal criminal investigation office.
The officers act with uniformity.- (Mobile Police): uniformed units whose role is to assist in catastrophes and other units of the body. They are also responsible for restoring public order. Since the last decade of the s. Some have a team and unitary organization, with equal procedures at the federal level, which allows them to assist police officers from other federal states.- (Criminal Police): officials of this service perform their work as a civilian and maintain a double Dependency, of its respective Minister of the Interior and of the Public Ministry. They are the judicial police, and carry out everything related to the prosecution and investigation of crimes and the arrest of people(Sanders, Young & Burton, 2010).
The key moment, however, to understand the current police forces does not occur until after World War II, when the police in addition to the facet of being “governmental” police, becomes a public service of care for citizens and having a performance In accordance with the law and fundamental rights. Since then, attempts have been made to bring the police closer to the society it protects and to collaborate with it, it is the so-called
Police models in customs surveillance, art., and cooperation with the Länder on “criminal police and defense of the constitution, the establishment of a Federal Office of Criminal Police and the international
Identify major crimes and criminal issues that have a global impact on justice systems and processes
In the world there have been various atrocities that have been committed by various governments that have almost led to the total wipeout of certain communities. The justice system has been tried in various criminal proceedings all around the world leading to convictions of even senior people in various governments. For example in Rwandan genocide of 1994, the Hutus and the Tutsi, were in a near war zone where the world watched as brother turned against brother and village turned against village. The Rwandan genocide almost killed at least one million people mainly the Hutus. Millions more were displaced due to animosity that had rocked the country. Due to these atrocities, the ability of the country to prosecute the perpetrators were wanting. The justice system were controlled by the same people that were committing the atrocities. It was impossible to prosecute the same people that were involved in the murders and the maiming of the millions.
Due to a collapsed justice system and the need for accountability and justice, the international criminal court was set up to try the perpetrators of the genocide. This is because of a broken judicial system in the country. Many of the generals have since been tried by the criminal court and either set free or served maximum sentences including life imprisonments(Totten & Hitchcock, 2011). By mid-2006, more than 10000 suspects had already been tried by the national courts. More than 20 people had been executed in 1998 but the death sentence was abolished in 2006.
In Rwanda, it is a case of a country torn down by a civil war that has run to nearly 25 years since the government was toppled. The country had seen mass immigration of peoples into neighboring countries especially Kenya and Tanzania. The court and justice system was totally broken but as sanity encrounched in the early parts of 2000, it became clear that justice was going to be served due to strengthened institution due to good governance that was witnessed especially when Robert Kagame was sworn in as President. Rwanda is not a failed state and therefore has seen very many people prosecuted for wars against humanity. The international community has kept Rwanda at bay due to the fact that it does not want to seed the country go back to its former civil war that was witnessed.. In Rwanda the criminal justice system is weak but it is being strengthened to increase civilian confidence that anybody can be prosecuted . In 1994 genocide, millions have been killed and others displaced in a genocide that has seen the various high ranking government officials being issued with warrants of arrest by the international criminal courts. The justice systems has been broken but the country has made tremendous strides in strengthening the system.
This is a milestone in the history of mankind, as it is the first time that an international judicial jurisdiction of a judicial and permanent nature has been established capable of judging the perpetrators of the most serious crimes of international importance(Totten & Hitchcock, 2011).
In this way, those responsible for such cruel crimes as genocide, crimes against humanity and the war crime may be brought to justice, and their constitution will generate some preventionin the commission of such crimes.
References
Albanese, J. (2013). Criminal justice. Boston: Pearson.
Ebbe, O. (2013). Comparative and international criminal justice systems. Boca Raton, Fla.: CRC Press.
Gaines, L., &Kappeler, V. Policing in America.
Inciardi, J. (2010). Criminal justice. Boston: McGraw-Hill Higher Education.
Merino, N. (2013).Criminal justice. Farmington Hills, MI: Greenhaven Press.
Reid, S. (2008). Criminal justice. Mason, OH: Thomson.
Rubinstein, W. (2014).Genocide. Hoboken: Taylor and Francis.
Sanders, A., Young, R., & Burton, M. (2010).Criminal justice. Oxford: Oxford University Press.
Totten, S., & Hitchcock, R. (2011).Genocide. New Brunswick, NJ [etc.]: Transaction.
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