Globalization refers to the burgeoning interdependence of societies, economies, cultures and populations brought about by trade between countries. Globalization can also refer to the free exchange of information due to governments eliminating restrictions on relations. A global perspective enables us to understand and identify with people from different backgrounds.
The Impact of Globalization on the U.S Criminal Justice System.
Globalization has transformed crime, the victim, committing a crime, the trial, criminal policies and the proof required to convict someone of a crime (Bassiouni, 2015). Globalization has increased cybercrime. The perpetrators of cybercrime are elusive to law enforcement because most of working incognito. The evolution of communication and the advent of sophisticated technology has intensified organized crime. Criminals can transfer their funds to banks across the world. Law enforcement has difficulty finding evidence from classic criminal law records, creating needed for the assets recovery strategy, which allows for non-conviction based confiscation. It targets alleged offenders’ illegal revenue by the use of noncriminal standards of proof. The United Nations and the European Union have addressed the shortcomings by adopting legal instruments to address areas not covered by criminal law. The adopted legal tools are a preventative approach that requires civilians, government and enterprises to reduce opportunities for crime (Avdeev et al., 2019).
Comparison and Contrast of International Criminal Justice Systems.
Civil law involves an investigating judge actively sorting out the evidence in a case. The active participation of the judge ensures he chooses the best ruling. The judge then decides on the law to be applied based on the facts. The system emphasizes statutory law created by the legislature. Victims have a right to file the initial charges. Victims have their attorneys and may bring civil claims. Prosecutors and defence attorneys play a limited role in this system. There is no jury. The civil law regulations are more detailed than common law and have continuously updated codes. The codes guide on what matters can be brought before the court, the process and the punishment. Legal experts interpret the legal statutes. Facts are established during the investigation and pretrial, making the actual trials short and informal (Powell et al., 2007).
In common law, the judge acts as an adjudicator between the defence counsel and the victim’s attorneys. Prosecutors play an active role. The system is adversarial compared to inquisitorial civil law. The victims have a role to play as witnesses (Powell et al., 2007). The jury listens attentively while a lawyer from each side lays out the facts of the case. The jury determines whether one is guilty or not and the judge determines the punishment. The legislature crafts the statutes on which the judges rely. Police play an investigative role, collecting and securing evidence using warrants from the judges (David& Brierley, 1978).
Islamic law is a religious legal system. Religious legal structures are built on religious texts and their interpretation. Islamic law is applied in Muslim communities. It is based on the Koran and the Sunnah. The branch of Islam in a specific region determines how the texts are interpreted. Some countries apply Islamic law in combination with secular law, while in others, Islamic law is restricted to family matters. Countries like Afghanistan apply Islamic Law solely on all matters (Powell et al., 2007).
Socialist law identifies with communism as articulated by Karl Marx in the 12th century. It supports the ruling class domination of economy and politics, while the working class is exploited. The socialist legal system supports the development of public property with the limitation of individual rights to protect the government from internal and external threats. It promotes education on the benefits of socialism while criticizing free enterprises. The judges selected by the legislature are subject to punishment if they fail to uphold the law. Minor disputes are handled by the comrade courts established in apartments, farms, factories, and villages (Butler, 2019).
Impact of Cybercrime and Technology on Worldwide Justice Systems.
The internet lacks its centralized governance. It can be accessed from anywhere and lacks boundaries, both geographical and political. Cybercrimes encompass unlawful acts made possible by the use of computer technology and the internet. The askew nature of cybercrimes requires new approaches to combating and trying such individuals. Cybercrimes are new, and as a result, most countries do not have clearly defined policies for them. Cybercrimes are diverse. In the United States of America, there are over 50 statutes relating to cybercrime. None of these statutes encompasses all the aspects of cybercrime. There is an increase in cybercrimes as the level of internet access increases in third world countries. The magnitude or value drawn is less than those seen in developed countries. Most of the crime is transnational, making it impossible for law enforcement to bring justice to these criminals. Governments need to craft and enforce local legislative frameworks per international law and human rights standards (Bassiouni, 2015). There is a need for information sharing to decrease duplicative efforts by governments, law enforcement entities and the private sector. Many countries have strategies to combat cyber crime, tying these components to the legal framework to allows for inter-agency cooperation.
Differentiate Policing Systems on a Worldwide Scale.
Policing is social control attained through surveillance and the use of sanctions imposed because of legitimate violence. Participatory policing requires the police to work hand in hand with civilians. Various neighbourhood watch programs require individuals to report any suspicious activity encouraging individuals to snitch on each other. Programs that encourage parents to have their children fingerprinted by the FBI. These programs enable these agencies to gather information for monitoring purposes(Hinton & Newburn, 2008).
Problem-solving policing is based on the prelude that for every incident, there is an underlying problem. It does not look at a specific situation in isolation. It requires the police to be analytical, focusing on the nature of the problem and identifying a solution. Problem-solving policing emphasizes thoughtfulness (Marenin., 2005)
Surveillance technologies used by the military are now available for use by local authorities. These include wiretaps, tracking devices and various spyware, including those that monitor emails and use of the internet. The technology used depends on cybernetics and communication technology. This technology creates an impression that everything is being watched. This technology can gather information, but they are not of much use without the police (Hinton & Newburn, 2008).
Rule through fear is a type of policing system used by dictators in Africa. It involves perpetually provoking a great deal of faceless fear. The threats are in the form of a new disease, environmental devastation or breakdown of the social order, for example, an increase in gang-related crime. Making people allow police into their lives (Jones, T., & Newburn., 2002). Psychological operations are focused on undermining the morale of the enemy or garnering support from the people. For example, the U.S. military forces dropping food packets on Afghanistan before invading the country (Marenin, 2005).
Major Crimes and Criminal Issues with Global Impact on Justice System and Processes.
The Rwandan genocide occurred in 1994. Nyamata district, with a population of 119,000 before the genocide, was reduced to 50,000 post-genocide. Members of the Tutsi and Hutu ethnic groups were slaughtered by militia. Rwandans had an organized society where the leaders were respected due to their power to exert harm. The local media played a role in spreading the hate, while the international media failed to capture the unfolding genocide. The Rwandan genocide shows the dangers of a culture of impunity and the need to bring to justice those who violate human rights. Justice systems need to empower the powerless (Kuperman, 2004). The conflict in Somalia is a humanitarian crisis. The Al-Shabab kills thousands. Military attacks against the Islamist group has lead to many deaths and injuries. There is political infighting, greatly delaying justice and security. Many people are displaced with no access to important services. There is an abuse of power by security forces, where they unlawfully kill and wound civilians. The Al-Shabab target schools killing and maiming children. There are also restrictions on freedom of expression and association. The government needs to move from making policies to practice (Galal, 2019).
Conclusion
Governments need to adapt and align their laws to the increasing globalization. The main barrier to this is the sovereign state. It makes it difficult for a country to adopt the laws of another country. The formulation of the international laws must take into account the criminal justice systems in specific countries. Cybercrime is on the rise, and law enforcement must learn and adapt to find new ways to exert justice. The best policing system is the problem-solving policy, as it intends to find a permanent solution to the issues within the society.
References
Avdeev, V. A., Avdeeva, O. A., Shagieva, R. V., Smirnova, V. V., Mashkin, N. A., & Taradonov, S. V. (2019). The mechanism of legal regulation in the conditions of globalization and formation of information environment. Regional aspect. Journal of Environmental Management & Tourism, 10(7 (39)), 1517-1521.
Bassiouni, M. C. (Ed.). (2015). Globalization and its impact on the future of human rights and international criminal justice. Cambridge, UK: Intersentia.
Butler, W. E. (2019). What Makes Socialist Legal Systems Socialist. Law Ukr.: Legal J., 131.
David, R., & Brierley, J. E. (1978). Major legal systems in the world today: an introduction to the comparative study of law. Simon and Schuster.
Hinton, M. S., & Newburn, T. (Eds.). (2008). Policing developing democracies. Routledge.
Jones, T., & Newburn, T. (2002). The transformation of policing? Understanding current trends in policing systems. The British journal of criminology, 42(1), 129-146.
Kuperman, A. J. (2004). The limits of humanitarian intervention: Genocide in Rwanda. Brookings Institution Press.
Marenin, O. (2005). Restoring policing systems in conflict torn nations: Process, problems, prospects. Geneva Centre for the Democratic Control Armed Forces.
Powell, E. J., & Mitchell, S. M. (2007). The International Court of Justice and the world’s three legal systems. The Journal of Politics, 69(2), 397-415.
