Introduction
Globalization has brought with it changes in almost all spheres of life and especially in the criminal justice system. The criminal justice system consists of the law enforcement agency, the courts as well as the corrections department. In essence, the main purport of the criminal justice system is the administration of criminal justice. Owing to globalization, the system is finding it increasingly challenging due to emerging forms of crime on both the international, transnational as well as the domestic front. Further challenges include those of tackling these new forms of crime and the issues of international cooperation with other nations in such combat. Globalization has impacted greatly the criminal justice system as the actors in the field have had to adjust so as to meet the emerging challenges. This paper gives a global perspective on the whole issue of criminal justice systems and shall examine the various criminal justice systems that exist in different jurisdictions. Further, the paper shall explore the impact that new crimes such as cyber crime and technology have had on the justice systems as well as review the various policing systems around the world. In conclusion, this paper shall identify the major crimes and other criminal issues that have impacted the justice system with a focus on a select few countries.
Impact of globalization on criminal justice system
In the same way that globalization and the attendant advances in technology have facilitated business so has also happened in the advancement of crime. It is now the case that the underworld has also globalised and benefited from the same as the business world. The emergence of the internet has enabled criminals to make use of the cyber space to perpetrate crime in a much discreet and complex what and also enhanced cooperation among the criminals. This has therefore necessitated the quest for global solution on the part of the criminal justice system so as to respond to the global challenge presented by the criminals. While criminals may easily connect with the local culture of a people, it is usually difficult for the law enforcement agency, a component of the criminal justice system to learn of the same unless and until there exists a relationship or an agreement with the particular people. This further compounds the problems that the police face in attempting to stem the vice. It being the case that the cyber space has expanded as a result of globalization, it similarly follows that a similar occurrence has happened in the physical world in terms of globalization of crime.
There has been a proliferation of crimes such as drug trafficking, money laundering and sex crimes that are being outsourced and in sourced in equal measure as a result of globalization. Organized criminals from other countries have collaborated with local criminals in perpetration of transnational crimes while the reverse has happened thus enabling the commission of local crime by transnational criminals. Indeed, this is all more possible for the criminals relative to business since they are not impeded by any trade restrictions or treaties that are a common feature in matters business. A particular number of crimes have transcended the borders of countries thus calling for a change in the approach by the authorities in the criminal justice system. An illustration of this is the armed conflict that has emerged due to its commercialization and the drawing of territories by countries around areas with valuable natural resources in such countries like Nigeria, Angola, Congo or Indonesia. In the Delta case I Nigeria, the secession cause and rebellion of Biafra had been spurred by the distribution of the benefits that accrue from the oil in the rich region. In such instances, both domestic as well as external players are usually involved in manipulating the local players for selfish commercial interests, a feat that has resulted owing to globalization. The illicit drug trade as a crime is another illustration of the challenges presented by globalization and the impact has had on the criminal justice system. In its very nature, drug trade is synonymous with high degrees of birth local and international comity in terms of corruption and violence and in its scope.
Various international criminal justice systems
There exist various types of justice systems or legal traditions around the world namely: the civil law, the common law, the Islamic law and he Socialist law traditions. Legal traditions encompass the attitudes, values and norms of a particular culture of a people. This paper shall compare and contrast the various criminal justice systems as highlighted above.
Civil law
This is also known as Roman law and is prevalent in major jurisdictions almost constituting 48% of the nations and is practiced in countries such as Germany, Sweden, France and vast areas of Lain America. The system leans more towards an inquisitorial process with little regard for the rights of the accused in contradistinction to common law system. The law is treated as sacrosanct and is thus subject to little construction unlike in the common law system where a judge has to have regard to procedures and evidence before giving directions. Also, in contrast to the common law system, there is difficulty in the scholarly world as not all persons are allowed to write scholarship in the legal field. Another point of departure from the common law system is that in the civil law system, the leaders are seen as slightly above the law as opposed to the common law maxim of the rule of law.
Islamic system
It borrows most of its practices and procedure for the Islamic holy book, the Koran and considered all law to be divine. All crimes in this sphere are considered as acts that offend the religious tradition and most of the nations are theocracies. Most of the Islamic law consists of commands and decrees and there is an absence of positive law and in most cases applies uniformly in all areas.
Socialist system
This legal tradition is practiced mostly in Africa and the Latin America and is based on Marxist-Leninist Communism. In contrast to the Islamic system, it is marked by positive law designed to forcefully make people fulfill their obligations to the state. More importantly, there is a great deal of administrative law where judges and lawyers have no power off law making and most of the policies are made by non-legal administrators. This practice is predicated on the Marxist view that in the fullness of time, the need for law will be obviated.
Common law system
The system is common in most of English-speaking nations and is characterized with an adversarial system where lawyers of both sides in contestation argue out their cases before passive judges. It is also based on the concept of stare decisis which attaches great significance to judicial precedent.
Impact of cyber crime and technology on justice system
As already outlined, a number of illicit activities have been moved from the physical world to the cyber space in this internet age. For instance, the internet and technological advancement has enabled the migration of pornographic material and activity to the virtual world. This if further exacerbated by the confusion that reigns owing to the different jurisdictions and the different legal regimes operative in such countries. An example is the case of online gambling that was illegal in the United States but legal under the European Law and conducted by United Kingdom firms. The partial harmonization of the legal instruments is not complete to meet the needs of globalization and thus facilitate effective combat and this necessitates such harmonization.
Another front that has impacted on the justice system is the banking sector. Due to technological advancement, there have arisen cell phone transfers of money thus making it onerous for monetary authorities to take track of the system. The emergence of the internet has also greatly aided the crime of money laundering the prevention of which is bound to get even the harder with the anticipated emergence of new forms of money and financial instruments. Going forward, it is reasonable to expect an increase in the flow of illicit goods and services with the continued globalization process as people are bound to get more inventive with technology.
Policing systems
There are different policing systems all over the world as they have emerged on different socio-cultural background. In common law countries and Japan, police officers are held accountable for their actions which go against the rights of the accused persons. On the other hand, in countries with an Islamic and Socialist system, the police are vested with enormous powers which border on the religious and the political, and as such wield great influence. In these jurisdictions, crime is regarded as a religious offence as well as a political crime and a failure by the police in containing crime in these nations necessitates the rise of informal methods of control such as vigilante policing.
Major crimes and criminal issues and impact on justice system
Modern day societies are currently faced with crimes whose origin and appropriate solution lie outside their borders. The crime of terrorism which has considerably increased in the recent past affects all nations and this has called for a concerted global effort and cooperation to counter the global problem. It is now untenable for the United States criminal justice system to act in isolation in fighting such crimes of a global nature.
Other crimes that have made it imperative to assess the criminal justice system from a global perspective and develop solutions include those concerning the environment such as pollution. Pollution and damage to the environment poses a risk to every nation as are crimes involving migrations of persons form and into particular borders. In the health field, epidemics pose a challenge to all persons and thus constitute a global concern. Organized crime that include racketeering, drug and human trafficking, immigrant traffic and other illegal activities also form a number of crimes and criminal issues that have had an effect on the justice system.
The globalization process presents an interconnection between persons and the society which makes it difficult for the respective government to avail personal security, economic growth, social protection and rights to individual without having recourse to international comity. Since the perpetration of crime and the crimes themselves have globalized, it becomes that the justice system globalizes it is to contain the problem. In fact, there has been an increase in cross-border cooperation among the police and with the military intelligence department. This has been particularly key in tackling the flow of illicit goods.
References
Brody, D., & Acker, J. (2011). Criminal Law. New York: Jones & Bartlett Learning.
Lawrence, P. (2009). History and Development of the Juvenile Court and Justice Process. Juvenile Justice, 1-98.
McCord, J. H., McCord, S. L., & Bailey, S. C. (2011). Criminal Law and Procedure for the Paralegal. New York: Cengage Learning.
Raffo, V., Sriram, C., Spiro, P., & Biersteker, T. (2012). International Law and International Politics - Old Divides and New Developments. International Law and International Relations: Bridging Theory and Practise, 1(1), 1-24.
Singer, R. G., & La Fond, J. Q. (2010). Criminal Law. New York: Aspen Publishers Online.
