Global Perspectives Assessment
Crime is not limited to nations and it is a grand thing that could affect individuals all over the world. With the technological advancements, people can commit crimes at the comfort of their homes, and, therefore, criminal justice systems need to be extra careful as they handle such cases. Globalization has contributed to so many crimes such as cybersecurity, terrorism, and cyber-bullying that the criminal justice systems have to combat no matter what laws are in place. There are different law systems in the world to deal with crime, and, therefore, different verdicts are delivered on the same offense in different nations that have various law structures. Globally, police forces have undergone training that tends to be similar so as to improve the response to emergency cases and to ensure the social well-being of all parties in the nation. The criminal justice systems have a duty of ensuring that rules and regulations are adhered to, and all citizens are safeguarded.
Globalization is defined as the procedure of collaboration and incorporation among individuals, firms or national governments of various countries driven by the worldwide exchange of goods and services facilitated by information technology. Globalization promotes good relations between nations, but it also has impacts on the criminal justice structures of the various countries. The criminal judicial system of the US consists of the correction departments, police and law courts (Farrington, 2000).
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This system has a mandate of enforcing rules and regulations, preserve personal rights, punish criminals, maintain peace, protect victims and ensure that justice is delivered. The process of globalization, therefore, has both positive and negative impacts on the criminal judicial system on how it protects the wellbeing of the US citizens.
Globalization has led to immigrants from all over the world getting into the US. Some immigrants have ill motives hence posing a threat to the security of the US. In the recent past, terrorists have been going into the US and causing death or harm to the citizens. Individuals allegedly tied to terrorist groups such as Islamic State have entered the US and caused man deaths such as the killings caused by Farooq and his wife in San Bernardino. One challenge with immigrants especially those that enter the US illegally are that no database has their information so they can commit crimes and disappears as they appeared without any track. It becomes a challenge to investigate crimes perpetrated by individuals you have no information about them. The US criminal justice system should, therefore, create a database that pools the knowledge of illegal immigrants so as to act as a prior warning system of intended crime (Farrington, 2000).
Cyber security is a crime that has been promoted due to advances in technology and communication. Conflicts arise between individuals and their states or even between other persons. Dealing with cyber criminals is a challenge to the criminal justice system because cyber criminals break the law in any place, and the offenses range from cyber bullying to hacking the national database systems. Protecting citizens from cyber bullies is important because some citizens could commit suicide rather than be bullied every single day in social networks. Cybercrimes invade both personal and national security that is against the principle of the criminal justice systems to safeguard the US citizens and the nation from treason.
Technological advances have helped the US government monitor illegal activities all over the world and, therefore, come up with measures to curb such crimes. The US government may breach individual privacy while it tries to monitor communication all over the world but in most cases it does this for the well-being of its citizens and the world as a whole. With the right relations, the US has created with other nations; it can try and convict terrorists from any country as long as the human rights of the person are not negatively affected. With good international ties, the US can monitor criminal activities that target its citizens or any other nation and hence safeguarding the welfare of all the people.
The civil law also called the Roman law originated from Europe and had codes that act as the core principles and the only primary source of law. The common law is developed by judges and courts or tribunals and the decision on a particular case will determine future decisions of related criminal cases. The Islamic or Sharia law depends on religious books (Quran) and Hadith to make judgments on crimes related to sexuality, politics, economics or even banking. The socialist or Soviet law is found in nations that were previously communist, and it is based on civil law that has been adapted with Marxism ideologies. Common, civil and socialist laws are similar in that they apply legislation or statutes as the sources of law. The Islamic law is different from the other law systems because it does not implement legislation but rather uses religious documents as sources of law. In both the civil and liberal laws the trials are dominated by the judges whereas, in the common law, lawyers play the central role in presenting the case while judges are partial arbitrators. In Islamic law, lawyers have a secondary role in the cases. The Islamic law is different from the other law systems because it focusses on both private and public behavior and beliefs an individual should have, the other law systems deal with public behavior. Sharia law depends on religious leaders who have undergone legal training to judge, but the other law systems depend on career judges.
The four world law systems have a difference when it comes to juries. In common law, juries are provided during trials; for the civil law, juries can adjudicate together with the judges only when the crimes committed are severe. In the liberal law, panels are mostly used at the lowest level of the cases; in the Islamic law, boards are only permissible in the Maliki schools. In common law, courts segment in balancing power during policy-making; in civil law, courts have the same but special power during formulation of policies. In social law, during the process of policy making the courts are secondary to the legislature; in Islamic law government institutions and tribunals are under the Sharia law during formulation of policies (Muncie, 2005).
Cyber-crime and technological advancements have had great impacts on the criminal justice systems because of the threat they cause to infrastructure, private property, and life. Many nations do not have hack back laws that are there are no rules and regulations that govern how to strike back at hackers. If the national government hacks back it will be viewed as trespass, and therefore, the law should come up with measures on how to deal with hackers. Criminal justice systems cannot deal with cyber-crime in solitude and, therefore, need to form partnerships so as to fight these forms of crime (Hall & Roberts, 2013). In the US, the FBI works closely with international and local law implementation and intelligence partners so as to fight cyber-criminals. The other way of combating cyber crimes is a national government creating good relationships with the private sectors so as to ensure a free flow of information that is important to fight against online crimes.
Policing refers to the civil staff playing the roles of maintenance of order, avoiding and identifying any form of illegal activities and having a part to enforce rules and regulations. Due to globalization, police forces all over the world have come to play almost the same roles so as to safeguard their nations and citizens from any form of crime. Police have been receiving training on the quick response so as to deal with emergency matters in a sophisticated way and hence protect humankind from criminal threats (McCusker, 2006). The immediate response has been of importance so that nations do not have to depend on the military alone for emergency cases. Globally police undergo psychological operations because their primary duty is all about maintaining the social peace. The police forces need psychological training so as to deal with cases associated with mental disabilities and also to ensure that all policing staff is of sound mind to run operations related to maintenance of law and order. Lastly, police deal with angry mobs during riots and in most cases the rioters have no weapons and so police have to use non-lethal combatants to disperse the rioting individuals. Training police on the use of non-lethal combatants such as teargas help minimize injuries and ensure the safety of the citizens. Globally, all policing staff is taught how to put their lives in line so as to protect the citizens because it is their chief duty.
There are criminal activities that call for global attention because such crimes tend to impact negatively many nations. One nation that has had its crimes having a global impact is Somalia where militiamen kill innocent people and participate in piracy in the Indian Ocean. Crime in Somalia has led nations such as the US and Kenya to send their military so as to combat the al-Shabaab, linked to the al Qaeda. In Kenya, the post-election violence of the years 2007 and 2008 had so much impact globally which led to the perpetrators of the violence being arraigned in the International Criminal Court because so many innocent lives were lost. Justice could not be found in the local courts, and, therefore, the ICC had to take charge.
Farrington, D. P. (2000). Explaining and preventing crime: The globalization of knowledge-the American society of criminology 1999 presidential address.Criminology, 38, 1.
Hall, S., Critcher, C., Jefferson, T., Clarke, J., & Roberts, B. (2013). Policing the crisis: Mugging, the state and law and order. Palgrave Macmillan.
McCusker, R. (2006). Transnational organised cyber-crime: distinguishing threat from reality. Crime, law and social change, 46(4-5), 257-273.
Muncie, J. (2005). The globalization of crime control—the case of youth and juvenile justice Neo-liberalism, policy convergence and international conventions. Theoretical Criminology, 9(1), 35-64.
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