Introduction
With the ongoing process of internationalization, the inter-connectedness between countries significantly improved and it persuaded regulators worldwide to think about criminal justice on a global perspective. Though different countries follow different types of criminal justice systems, they all have identified the need of enhanced co-operation for establishing law and order in their territory. Fast advancements in the technological landscape assisted nations worldwide to take collaborative efforts to promote crime management and prevention. However, growing cyber crimes raise new threats to criminal justice systems worldwide because criminals have always been one step ahead of law enforcement agencies in terms of handling technology. This paper will assess criminal justice from a global perspective.
Impact of Globalization on U.S Criminal Justice System
Globalization has significantly influenced the U.S. criminal justice system, which is expected to work very effectively because U.S is home to millions of immigrants. As an impact of globalization, United States became an agglomeration of different cultures, and the situation in turn demanded the country’s criminal justice system to be more proactive and responsive so as to establish law and order in the country. To explain, the concept of globalization eliminated cross border barriers thus leading to an enhanced inflow of people and cultures to the United States. It is an indisputable fact that globalization was a major driving force that enhanced illegal immigration to the country (Ward, 2000). Although the process of globalization exerted great level of pressures on the U.S law enforcement system, it also contributed to the efficiency of the country’s criminal justice system simultaneously. The major positive effect of globalization is that it helped the U.S federal government to connect its criminal justice system to that of the rest of the world. Therefore, currently the U.S law enforcement agencies are able to attain information on suspects, culprits, or other wanted criminals within minutes even though they reside outside the United States. Prior to the introduction of globalization, it was very difficult for countries including U.S to collect information on criminals whose crime history was stored in other countries’ database. It is evident that the globalization enhanced U.S’ diplomatic relations with other countries, and hence, U.S is now able to take shared efforts on a global scale to improve the crime status of the country. Hence, in a close comparison, it is identified that globalization has net positive effects on the U.S criminal justice system.
International Criminal Justice Systems
There are four major international criminal justice systems including civil law, common law, religious law, and socialist law. Each of these criminal justice systems has distinct features and scope. The civil law system can be simply referred to a system of law based on written statutes that are recognized by the legislature. Having its origins in Roman law, the civil law covers all aspects of the society and maintains a comprehensive system of rules. A unique feature of the civil law is that each judge interprets the statute in his/her own way, subject to correction by a high court, to decide on disputes rather than relying on judicial precedent (Weiss). In addition, the court procedures are investigatory in nature under the civil law. In contrast, the common law system is based on custom and judicial precedents that are subject to judicial rulings. The common law represents a major system of law in many countries, particularly those with a history of British invasion. Though countries following common law have a written set of rules and standards, that written law is subject to review and amendment by judicial interpretation. In specific contrast to civil law, the common law system puts great emphasis on judicial decisions. Religious law system is based on the teachings of God, and those teachings are thought to define and govern all human affairs. When it comes to religious law system, Islamic law is a well-recognized law system and is considered inevitable to their religious outlook. Unlike civil law and common law, the rules of religious law may vary from religion to religion. Finally, the “socialist law is the official name of the legal system” in countries that follow the principles of communism (Weiss). It seems that socialist law is based on civil law system, with specific emphasis given to Marxist-Leninist ideology. There is notable difference between in civil law and socialist law in defining the notion of private property.
Impact of Cyber Crime and Technology
The growing incidence of cyber crime as well as fast changes in technology has tremendous impacts on worldwide criminal justice systems. It is obvious that a wide range of technologies including database management software, computers, automobiles, and weapons play a crucial role in support the criminal justice systems worldwide. Hence, one can say that adoption and implementation of technology is an integral part of shaping policies and practices of the justice system (Holt, 2013). Obviously, advancements in computer and communication technology significantly improved the responsiveness and overall efficiency of law enforcement agencies and judicial institutions. However, the growing challenge of cyber crimes including cyber terrorism poses great threats to justice systems worldwide. In the words of Southern California High Technology Task Force Leader Rocky Costa, “today computer or computer-related crime makes up perhaps a quarter of all crimes we see” (cited in Wolf, 2009). It appears that criminals are running ahead of law enforcement agencies in terms of gaining cyber knowledge, and this new cyber landscape notably limits the scope of justice systems worldwide today. Therefore, it is necessary for worldwide justice systems to focus more on technological advancements to cope with the changes occurring in the cyber landscape and thereby responding rapidly and effectively to cyber crimes. Undoubtedly, huge investment in R&D and human capital is essential for governments worldwide to achieve technological innovations and hence to address cyber crimes effectively. As a result, cyber crimes would notably increase the cost of managing criminal justice systems worldwide.
It is observed that there are three broad categories of policing systems on a worldwide scale such as centralized policing system, semi-centralized policing system, and decentralized policing system. In a country with a centralized policing system, there will be a national police institution that is commanded and controlled centrally “through a vertical chain of command” (Effective administration). It is important to note that those police agencies or institutions will have unlimited jurisdiction over the territory of the country. Thailand, Chile, and Malaysia are examples of countries following a centralized policing system. Generally, semi-centralized policing system is found in a country with a federal system of government or similar constitutional arrangement (‘Effective administration’). In those countries, governments of the component states are required to establish law and order. Under semi-centralized policing system, the control of police agencies vests with federal (central) government as well as state governments. The major countries practicing semi-centralized policing system include Brazil and Japan. A decentralized policing system may be seen in a country where the responsibility for law and order exclusively vests with the governments of the components states of provinces. Here, state or provincial governments have complete authority over the police force. Decentralized policing is not very common worldwide because the central government has little control over police agencies in this system. Asian countries like India and Pakistan have been following decentralized policing system since they got independence from Britain.
Crimes and Criminal Issues
It is identified that major crimes like genocide and war crimes have a significant global impact on justice systems and processes. Third world countries and regions like Somalia, Bosnia, Rwanda, Darfur, and Congo have been increasingly prone to major crimes and criminal issues. The Rwandan genocide that occurred from 7th April to mid-July 1994 resulted in mass slaughter of nearly 500,000-1,000,000 Rwandans (BBC News, 2011).. This figure constituted approximately 20% of the country’s total population at that time. Reports indicated that by the end of Rwandan genocide, roughly 2,000,000 Rwandans were displaced. It is shocking to know that the genocide was planned and organized by persons at the helm of the national government. During the genocide, rape was extensively used as a war weapon and this practice led to a spike in HIV infection in the region and its neighborhood. Similarly, the policy of genocidal rape was widely employed as a war weapon in Congo civil wars by all armed parties involved in the conflict. The intention of this barbarian policy was to facilitate the total destruction of communities and families in the region. During the Congo civil wars, 5-year old girls to 80-year old women were sexually assaulted and mutilated. UN estimated that approximately 200,000 females in Congo had faced some form of sexual assault by 2008 (‘UN Outreach Program on the Rwanda Genocide’). Similarly, the war in Darfur also led to severe crimes against humanity such as rape and genocide.
Conclusion
References
BBC News. (17 May 2011). Rwanda: How the genocide happened. Retrieved from http://www.bbc.com/news/world-africa-13431486
Effective administration of the police system. Online document. Retrieved from http://www.unafei.or.jp/english/pdf/RS_No60/No60_20RC_Group1.pdf
Holt, T. (2013). Technology and the Criminal Justice System. Oxford Bibliographies. Retrieved from http://www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-9780195396607-0173.xml
UN Outreach Program on the Rwanda Genocide. Background Information on Sexual Violence used as a Tool of War. Retrieved from http://www.un.org/en/preventgenocide/rwanda/about/bgsexualviolence.shtml
Weiss. (n.d.). Legal systems. Online document. Retrieved from http://pages.ramapo.edu/~jweiss/laws131/unit1/worldsystems.htm
Wolf, U. (2009). Cyber-Crime: Law Enforcement Must Keep Pace With Tech-Savvy Criminals. Digital Communities. Retrieved from http://www.govtech.com/dc/articles/Cyber-Crime-Law-Enforcement-Must-Keep-Pace.html?page=1
Ward, R. H. (2000). The Internationalization of Criminal Justice. NCJRS. Abstract. Retrieved from https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=185526
