Global Perspectives
The global perspective of criminal justice explores various areas of the society. For instance, current issues in the justice system and differences in legal practices and rules across nations. The differences are based on cultural perception of crime and criminal trial in various jurisdiction systems (Kotiswaran, 2020). The criminal justice system relies on the global interconnection mapping that is emerging lately. Various researchers have studied various areas of the criminal justice system’s global perspective, such as the globalization of crime and transnational crime and criminal justice. The paper explores the global criminal justice system.
Since 1990, the United States criminal justice has developed from a state-centered system to international criminal law. The nation use both laws by striking a balance between domestic and international laws. Globalization has enabled the United States to consider disciplines, such and political science, history, sociology and international relations, when dealing with international issues (Kotiswaran, 2020). Today, the criminal justice system addresses international crimes, especially war crimes, in various countries., for instance, Cambodia, Rwanda and Lebanon through the international criminal court.
According to various scholars, the United States criminal justice system has been influenced by international influence in punishment, policing and criminalization. Since the early twenty-first century, the United States advanced economically, socially and technologically, which led to the various developing areas, such as international courts and non-governmental criminal justice agencies (Kotiswaran, 2020). Due to the development, the local United States criminal justice system grew in law-making and enforcement, where diverse transnational practices were introduced.
Additionally, the transnational frameworks and treaties introduced the criminal justice norms integrated into the justice system. However, the international norms have led to the realization of the perpetrator’s responsibilities and respect for human rights. Nevertheless, crime control and governance became an area of interest, especially technology in crime control. The technology of crime control s integrated into dealing with high-end crimes, such as terrorism, white-collar crimes, cybercrimes and human/drug trafficking. The United States criminal justice system regulates and controls cross-border financial exchange to mitigate illicit flow and protection of intellectual property. The globalizing social-economy led to the development of new methods of national crime governance of transnational criminal behavior through designed mobilization policies and strategies.
The international criminal justice has developed through cultural commitment developed through human rights studies. The culture of control and laws have changed over the years to late-modern laws (Cheah, 2019). The international criminal justice system (ICL) courts are different from domestic courts because they consist of international personnel, although the laws are similar to the domestic courts. The international criminal laws consist of cultural differences where the International Criminal Court (ICC) legal framework influences both the civil and common laws.
The ICC looks at issues from a broader perspective. The international criminal justice system overlooks some of the traditional and African legal traditions, for example, Islamic laws. The international criminal courts are led by civil and common laws, ignoring the traditional laws that respect and consider different cultures (Cheah, 2019). The international criminal justice system has limited legal culture because the laws were created from an English-speaking world. The integration of ICC culture has led to legal clashes and differences between common laws and civil laws. For instance, different perceptions towards the right of self-perception. The right of self-perception in common law is based on the defendant’s autonomy, while in civil law, the same law is limited. Judges from civil law and those from common laws have differences caused by the ICL legitimacy. The domestic legal training of judges and lawyers affects decision making (Cheah, 2019). Adapting to the changing nature of the ICL profession has been an issue hence bringing major differences in how civil, common, Islamic and other traditional laws are exercised and perceived.
Cyber-crime has been an issue affecting all organizations, including the criminal justice system. Cyber-crimes go hand in hand with technology development, which has impacted how the criminal justice system perceives situations and deals with criminal acts globally (Maras, 2019). The advancement in technology has led to the emergence of cyber-criminal cases, such as carding and cybersquatting. Cyber-criminality is a social problem that originates from the violation of social norms and values brought about by human civilization’s negative impacts. The worldwide criminal justice system has changed in the way they conduct investigations and deal with cybercrimes.
The criminal justice system across the nation is advancing on methods used to collect evidence and how the evidence is preserved. Investigating cyber crimes has raised issues, especially through the use of new technology such as electro-detection systems. The criminal justice systems across nations now train the law enforcement team on legal orders and requirements during an investigation (Maras, 2019). The rise of cybercrimes and technology has enabled international criminal justice systems to develop laws concerning cybercrimes and how the laws should be enforced. The criminal justice systems worldwide have developed laws and policies integrating technology in investigation processes.
Additionally, globalization’s two impacts have enhanced cooperation between different nations, where different criminal justice systems decide to investigate and prosecute offenders together (Maras, 2019). The justice systems have developed and still developing control measures that will strengthen the system; for instance, the information and evidence sharing network used bu law enforcement worldwide. For instance, EUROPOL and INTERPOL.
Policing systems vary from country to country; for instance, the policing nature f the United States and the United States is different. The differences are contributed by the sharing of ideas from one country to another (Mawby, 2019). Police systems are differentiated in terms of legitimacy, structure and function where the exercise of force differs. From a worldwide perspective, police officers’ structure and function differ based on a country’s political and social state. The difference is based on two major strictures of policing, the community-oriented system and control-dominated system.
The community-oriented system is where police officers prioritize offering public services and maintaining order in the community. The system aim at solving community issues and attending to the community daily. On the other hand, some countries use the dominated policing system where police officers aim to maintain order by conducting administrative tasks, such as patrol, investigations and arrest (Mawby, 2019). The system does not consider offering public services or cater to the state’s needs. The control- dominant system is used in countries such as Eastern Europe and Russia. Additionally, the British government adopted the control system, which subjects the public to submission where police officers and militants live in barracks closer to the community to maintain order.
Nevertheless, another system is the convection and religious system practiced in Islamic countries. The religious systems demand the police officers exercise laws to “inter alia” in enhancing good morals among women and business persons. The religious police system is similar to the communist system, which deals with specific issues in a given community. Recently, police around the world are affected by external influences, for example, migration and technology (Mawby, 2019). Policing structures and policies keep changing across the world due to internal and external pressure from other countries. For instance, the United States and European countries provide funds to promote police training and education. Influences most countries, for instance, South Korea, to change policing strategies, where most countries are using a control-dominated system.
Organized crimes and cybercrimes re the major crimes and criminal issues that have impacted the criminal justice process worldwide (Hunt, and, Zimmerman, 2020). The rising nature of organized crimes and cybercrimes is contributed by advancement in technology and the interconnection between environmental crimes and other crimes. The organized crimes are highly organized crimes involving the illegal trade of natural resources, such as drugs, animal and human trafficking and trade of timber and minerals. On the other hand, the cybercrimes are contributed by advanced technology.
Human civilization and technology advancement has increased the rate of crimes where criminals use technology to conduct criminal offenses. For instance, the use of the internet to lure children and people from minority groups for trafficking (Hunt, and, Zimmerman, 2020). Cyber-terrorists has been a top issue where cybercriminals are joining terror groups which are designed to conduct terrorism. Organized crimes and cybercrimes have impacted the criminal justice systems where the systems are still developing laws and policies to counter criminal issues. The United States criminal justice system has collaborated with international organizations to counter- cyber terrorism and deal with the illicit flow of resources.
Additionally, every country’s world is on a mission to curb the top criminal issues which have affected the nation economically and socially. The international criminal justice system has been developed to counter criminality along cross-borders and deal with the illicit flow of goods (Hunt, and, Zimmerman, 2020). Since most of the crimes and criminal issues are directed or associated with Africa, the United States peacekeeping mission has helped maintain peace through the responsibility to protect the mission, which is designed to serve international interest according to most studies. The organization aim at maintaining peace in Rwanda, Congo, Somali and Sudan through their national leaders. The courts are victims of assassination and terrorist attacks. However, the process of peacekeeping has caused conflict between nations, although the achievements are many compared to the challenges.
References
Cheah, W. L. (2019). Culture and International Criminal Law. Forthcoming in OUP Handbook of International Criminal Law (2019).
Hunt, C. T., & Zimmerman, S. (2020). Twenty Years of the Protection of Civilians in UN Peace Operations: Progress Problems and Prospects. Journal of International Peacekeeping, 1(aop), 1-32.
Kotiswaran, P. (2020). TRANSNATIONAL CRIMINAL LAW IN A GLOBALIZED WORLD. Transnational Legal Ordering of Criminal Justice, 120.
Maras, M. H. (2019). 47 Cybercrime Laws and Investigations. International and Transnational Crime and Justice, 281.
Mawby, R. (2019). 45 World Policing Models. International and Transnational Crime and Justice, 270.
