Introduction to Panama.
Panama was discovered by Christopher Columbus in 1984 (Mitchel, & Sikkink, 2012). The country is situated in the middle of the Americas. Being metropolitan, it comprises various cultures and traditions. These have created a distinctive and out of the ordinary environment. Spanish is however; her official language. It is the smallest country in Latin America that speaks Spanish. The country reports high rates of violent crimes (Harr, & Hess, 2010).
Historical highlights
Panama’s history is very distinct. It was a province of Colombia, up to 1903 when it got its independence (Mitchel, & Sikkink, 2012). Following the signing of a treaty with the United States, the Panama Canal was built. This is the only waterway that links the Pacific to the Atlantic oceans. The accord gave the United States the privileges to erect, control and guard the canal. Later, after new negotiations, two new treaties were signed in September, 1977. Under the new treaties, the two countries contracted to maintain a neutral stance. The canal was made accessible hence open to all nations. This was enforced in October, 1979 (Harr, & Hess, 2010).
Critical Issues- Crime Rates and Problems
Currently, Panama is relatively safe compared to other Central American countries. The rates of crime still stay top than you would meet in the United States . Panama’s National Police has however; developed new efforts to combat the trend. This has appeared to have made an impact. The down trend reflects in the number of homicides, crimes involving armed robbery and gun violence. Simple theft rates were convincingly high. In Particular, they targeted blackberry-type smart phones. Local gangs are primarily implicated in low level crimes, intense between rival gangs.
Generally, crime in Panama is moderate. However, it is becoming more common, specifically because of illegal activities of youth gangs and the narcotics-trafficking connected violence. There is a notable increase of police checkpoints on most roads on weekends. The main crime areas around Panama city include Rio Abajo, San Miguelito, Curundu, Veracruz Beach, Ancon, Madden Dam overlook, and Panama Viejo (Harr, & Hess, 2010).
Current government and politics
Panama’s political landscape is in a mixed framework of a presidential representative and a democratic republic. Consequently, the president is the head of state and government. This incorporates a multi-party system (Mitchel, & Sikkink, 2012). The government and national assembly exercise legislative power. Executive power remains vested solely in the government. There is a judicial system, which is independent of the two other arms of government. Panama’s Political Constitution of 1972 clearly defines the role of the three institutions main institutions of government.
Ricardo Alberto Martinelli has demonstrated to be an insightful politician. As the head of state and government since 2009, he has shown prowess in his political game. Among other efforts, he used force against native groups and was seen as crucial in pushing social transformation. The government has established a retirement fund for the elderly and disabled. Moreover, it has stretched cash transfer programs to the unfortunate. This is in line with the government’s election promise of enhancing the socioeconomic sphere of the people of Panama. The nation is working on strengthening democracy, its governance institutions and enhancing civilian safety.
Foreign relations
Tension and changes in Panama’s government interrupted diplomatic relations. This greatly damaged its foreign image in the international arena. The government reported a fall in trade, as well as the value of local currency (Mitchel, & Sikkink, 2012). Locality and smooth function in universal trade is vital to the United States national security and prosperity, and the whole universe as a whole. This is because the country has one of the premier economic growth rates in the world. It faced various tests and trials with regards to economic challenges, and emerged triumphant. One of the major stinging social issues rampant in the country is disturbing rates of crime. Organized crime and drug trafficking are the major threat to security in the region. The crime rate has reached high levels, to the extent of interfering with its foreign and regional relations. The United States froze military and economic assistance to Panama in response to the local political crisis and an organized attack on the United States embassy. High crime rate (organized crime) has seen the United States and other countries reduce their ties with Panama. The country; however, has recorded low levels of purse snatchers and pickpockets (Mitchel, & Sikkink, 2012). This makes it safe for tourists. The focus, however, remains on enhancing its prosperity, security and democracy.
Domestic relations/ quality of life
An Economic Intelligent Unit, 2012 report, rated Panama in the top ten least expensive places to live (Harr, & Hess, 2010). The local currency is the United States dollar, with all its expediency.
Panama’s investment climate is collectively positive. The nation’s sterling prosperity is founded on a robust macro-economic policy and efficient management of the Panama Canal associated transportation systems. The nation has experienced some of the fastest economic growth in the entire Latin America region in the past decade. Various observers have predicted a continued robust growth in the coming years as a result of consistent and stable macro-economic policies. In addition, the dollar has contributed to its low inflation rate and raised the economic status of the country. Consequently, Panama ranks as the steadiest nation in the whole of Latin America (Mitchel, & Sikkink, 2012). The country has one of the world’s best retirement programs. Its reputation of taking care of the elderly and retirees is remarkable. Their efficient social programs have extended various benefits , including exclusive discounts on basic needs and the subsidizing essential services like healthcare and security. More added as an advantage, the country is renowned for its light tax burden.
The law enforcement system
Panama closed down its military in 1990, through a unanimous vote by the country’s legislative arm of government for constitutional expansion in 1994 (Harr, & Hess, 2010). Some departments within the national police force, including the Public Force Police, Air Service, Coast Guard, and Institutional Security were extended limited warfare powers.
The Ministry of Government is responsible for law enforcement in Panama. In 1990, Panama abolished its army (Mitchel, & Sikkink, 2012). A common vote of the National Assembly of Panama in 1994 confirmed it (Harr, & Hess, 2010). This has left Panama with limited warfare ability. It is taken care of by the public force; the police, air service, coastal guard and institutional security.
Overview of the law enforcement system in Panama
The government of Panama is charged with maintaining law and order in the country. The Inspector General is in overall command of the force. The National Guard also has specific responsibilities of law enforcement (Harr, & Hess, 2010). The National Guard drafted the law that established the National Police. It is subdivided into zones and detachments. The zone is commanded by a major of the guard. First zone has its headquarters in the Capital of Panama with the Guard tasked to police it. Captains, lieutenants, sub-lieutenants and the grades in the classes are appointed on an arbitrary basis.
The National Guard is organized into nine units. The commanders of each unit are directly responsible to the National Guard commander. The units include the Executive Secretariat, Personnel Operations and Training Department, General Administration, Armory, Regular Jail and School for Formation of The Guard, Traffic Department, the Presidential Guard and Calvary.
Another major security initiative, seen as crucial to the Panama security system, is the curfew policy adopted by the Panamanian authorities. The policy provided that youths under the age of 18 should carry a permit of identification cards when they are attending night classes. Those found violating the provision are subject to detention until there is provision of formal evidence to certify their identity. The policy has achieved fundamental heights as far as the security of the area is concerned (Harr, & Hess, 2010).
Law enforcement philosophy
The analysis of law and legal issues vary philosophically. Some revolve around abstract theoretical questions regarding the features of various legal and law systems. Others are simply normative questions about law and principles. Moreover, it questions the validation of other legal institutions. For example, one can argue whether capital punishment is allowed under an ethical or legal philosophy. Through analytic jurisprudence, for example, the essence of law can be analyzed. It enables it to be varied from other systematic norms. However, some theories of law offer more dispute with respect to conduct of traditional philosophies (Mitchel, & Sikkink, 2012).
General jurisdiction, duties and discretionary authority of police
Article 2 of Law No. 44, of the Panamanian Constitution lays down functions of the police. The police not only maintain public order, but also protect persons and their property. Furthermore, the police prevent any infractions of the law, capture and prosecute transgressors. With respect to these functions, the National Secret Police prevents crime against National Security and state institutions .
Police Life (Working Conditions)
Relative improvements in working conditions of police officers in Panama have seen a reduction in the rate of crime. Applicants for the position of Police Officer are subjected to a sequence of examinations. Once the best candidates are identified, the Police Department organizes for advanced training. The training process is followed by the process of assigning the officers to their workstations in various zones around the city. Officers work in shifts, nights and evenings (Harr, & Hess, 2010). All Police Officers are mandated to put on the official police uniform at any time of duty. They are also required to maintain a fit physical condition throughout their service life. The most important obligation is concerned with the integrity of the Officers. Consequently, the officers are mandated to obey and uphold the law in their own conduct, while on and off duty. The Officers are also provided with life insurance on an equivalent amount to the officer’s rank and monthly salary in the nearest thousand. Other benefits include Social Security coverage, Worker’s compensation coverage, facilitation of the Police pension plan. The force provides all working tools and equipment for the officers, including the provision of uniforms, duty gear, and duty weapons, as well as laundry and cleaning services.
Officers are allowed a vacation that lasts for 12 days of annual leave. The length is subject to increments with 21 days depending on an officer’s year of service (Harr, & Hess, 2010). The maximum accrual days that can be realized is 51 days (Mitchel, & Sikkink, 2012). Furthermore, each Officer is entitled to a sick leave of 12 days annually, and it can be accrued up to 60 days (Harr, & Hess, 2010). Formal holidays are treated as official working days for Panamanian Police Officers include the New Year’s Day, Martin Lurther in, jr. Day, Memorial Day. Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day Following Thanksgiving, Christman Eve and Day, and such other holidays as determined by the Force. Senior officers are entitled to personal vehicle benefits and take home privileges. The service also offers ample remuneration for its Officers. The force furnishes its service men and women with hospital, and other medical insurance (Mitchel, & Sikkink, 2012).
Corruption has greatly undermined police service in Panama (Harr, & Hess, 2010). The force has been on the receiving end of accusations and criticism for its role in contributing to the menacing drug traffic systems in the region. The force is accused of, among other vices, receiving vast sums of dollars for the protection of drug shipment initiatives. This has opened Panama’s sea borders a routine entry point for most of the smugglers.
Justice Procedures
The justice system deals with individuals accused of criminal activities under two distinct procedural techniques, including a trial system for fundamental crimes and a police magistrate arrangement of minor offenses. It is utterly crucial to retain legal counsel at the slightest opportunity in spite of the system of justice in question. The country’s law has provisions for a public defender in the case that the accused cannot afford to hire an advocate. The detainee is required to present a formal, written application to the prison authorities, expressing his/her inabilities to afford the services of a private attorney (Mitchel, & Sikkink, 2012).
The nation’s constitution mandates all practicing attorneys to be citizens. The consular section offers a highlights of Panamanian attorneys to assist individuals in the selection of legal counsel. The region’s law is founded on civil law, with slight influences from the Roman law and Spanish legal tradition. For the first initial years of its existence, the Panamanian law was determined by the Legal code adopted from Colombia. Initial Panamanian codes were promulgated in 1917. Most of its provisions imitated those of Colombia and Latin American countries that had broken away from the Spanish Kingdom.
However, various characteristics of Anglo-American law system have also been incorporated in Panama. One of the features of Anglo-American legal process, known as Habeas corpus, has also established some headway. Nevertheless, magistrates and judges normally have less leeway with respect to matters of procedural delay, as well as degrees of guilt.
The Panamanian Constitution guarantees a safeguard of its citizen’s rights and privileges. Under a section of the law titled “individual and Social rights and Duties” citizens are given the assurance that they can be put on trial by the government only for acts that violates the constitution (Mitchel, & Sikkink, 2012). The procedures for arrest are also stipulated, one of them is that the arrests may arise from response to complaints brought to the police or from the direct initiative of the part of the police. The validity of arresting a citizen is recognized by the law. In the course of an ongoing investigation, all witnesses and the accused are questioned under oath (Mitchel, & Sikkink, 2012). The constitution provides that no accused individual may be compelled to incriminate herself or himself. The law forbids the police to force a suspect to offer testimony against his/her will, or intimidating any close relative of the accused. The Panamanian constitution adheres to most international stipulations for human rights, including the rights and privileges of convicted people (Harr, & Hess, 2010).
This paper has offered an analysis of the Panamanian criminal and justice system. Some aspects of the nation’s economic and political outlook have also been offered. The analysis identifies the strength and efficiency of the Panamanian criminal and justice system in combating crime (Harr, & Hess, 2010). Such initiatives are responsible for a reduction in crime witnessed in the Latin American region in the recent past.
References
Watts, M., & Ruff, K., D. (2012). Drugs, Thugs, and the Diablos Rojos: Perils and Progress in Panama. Latin American Policy, 3(20), 208-234.
Mitchel, V., & Sikkink, K. (2013). Human Rights Prosecution and the participation Rights of Victims in Latin America. Law and Society Review, 4(47), 873-907.
International Business Publications, USA. (2012). Panama Business Law Handbook: Strategic Information and Laws. Intl Business Pubns USA.
Harr, J. S., & Hess, K. M. (2010). Careers in criminal justice and related fields: From internship to promotion. Australia: Wadsworth Cengage Learning.
