Global Perspectives Assessment
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Global Perspectives Assessment
Introduction
In the contemporary era, globalization has advanced to change the state of domestic and international affairs. Technological advancement has generated both positive and adverse consequences which have left a lasting impact on the criminal justice system of the United States of America (USA) and across the world. The paper will deliberate globalization in international criminal justice systems, the criminal justice system and the impact of cybercrime on the world. Besides, differences in the policing system pursued by international governments will also be discussed.
Impact on the Criminal Justice System of the USA
Globalization has transitioned the United States drastically since the dawn of revolutionary principles as free trade. Criminals have managed to further expand their enterprise and urged law enforcement to cultivate innovative and profound strategies to curb them. The technological revolution has boosted entrepreneurship with the ease of currency transfers but it has also caused the criminals to launder money outside the United States with ease. For instance, they are exploiting the excellent channels of communication offered by the internet to advance their radical interests. In 2013, law enforcement agencies in the US confronted a criminal, Edward Snowden, who leaked secret documents which stated the government was spying on public ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"Nnq0mVTH","properties":{"formattedCitation":"(Martin, 2018)","plainCitation":"(Martin, 2018)","noteIndex":0},"citationItems":[{"id":489,"uris":["http://zotero.org/users/local/yvjivw9i/items/WB4ZSGN2"],"uri":["http://zotero.org/users/local/yvjivw9i/items/WB4ZSGN2"],"itemData":{"id":489,"type":"article-journal","title":"The globalization of American criminal justice: The New Zealand Case","container-title":"Australian & New Zealand Journal of Criminology","page":"560-575","volume":"51","issue":"4","source":"SAGE Journals","abstract":"The international influence of American criminal justice policy has been a central focus of research on policy transfer and comparative penology. With scholars divided between those emphasizing international convergence around United States policy, and others stressing ongoing American exceptionalism, it has become important to trace the extent of this influence not only across different countries but within particular national contexts. This article examines the impact of American criminal justice policy in New Zealand. I present three case studies exploring developments in different arms of the criminal justice system: the introduction of three strikes sentencing laws, the adoption of supermax principles of prison design and administration, and the use of zero tolerance and broken windows policing strategies. In tracing these changes, I find globalization opening new channels for the movement of policy that are often outside the control of the criminal justice establishment.","DOI":"10.1177/0004865817745938","ISSN":"0004-8658","title-short":"The globalization of American criminal justice","journalAbbreviation":"Australian & New Zealand Journal of Criminology","language":"en","author":[{"family":"Martin","given":"Liam"}],"issued":{"date-parts":[["2018",12,1]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Martin, 2018). The suspect immediately rushed to Russia and the US requested extradition from Russian authorities. However, the request was not entertained which left America helpless. This case is an explicit illustration of complexities in the law enforcement. With the surge of globalization, authorities in the United States have faced challenges in enforcing the provisions of jurisdiction when faced with criminals residing in other states.
In addition, Snowden became a security contractor in Russia which further desecrated the US interests. Criminals have relished the opportunity to commit heinous crimes without paying potential heed to boundaries and limitations. Thus, law enforcement in the United States ought to be equipped with the provision of profound and flexible laws to strengthen the jurisdiction. The integration of world economies has entirely transitioned the manner wherein crimes were reported in the United States. International gangs have exploited the leverage of globalization and extended their terrorists threats and activities. One of the most critical aspects is the flow of capital and free market that have created a complex domestic structure, surge of immigrants and impeded profound implementation of the criminal justice system ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"HS7dHF5R","properties":{"formattedCitation":"(\\uc0\\u8220{}Globalization,\\uc0\\u8221{} 2013)","plainCitation":"(“Globalization,” 2013)","noteIndex":0},"citationItems":[{"id":490,"uris":["http://zotero.org/users/local/yvjivw9i/items/2H9WBZLN"],"uri":["http://zotero.org/users/local/yvjivw9i/items/2H9WBZLN"],"itemData":{"id":490,"type":"post-weblog","title":"Globalization","abstract":"By C. J. Oakes //pagead2.googlesyndication.com/pagead/js/adsbygoogle.js (adsbygoogle = window.adsbygoogle || []).push({}); Globalization and Criminal Justice Globalization and criminal justice as i…","URL":"https://criminaljusticelaw.org/philosophy/globalization-and-criminal-justice/","language":"en-US","issued":{"date-parts":[["2013",8,3]]},"accessed":{"date-parts":[["2019",5,31]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (“Globalization,” 2013).
International Criminal Justice Systems
Throughout the world, there exist four kinds of legal traditions in the world. Each state has its own kind and adheres to it to govern the state of the domestic and international criminal justice system. Civil, common, Islamic and social tradition law are the four kinds which are different from each other. Civil law entails domestic issues as personal or property damage, divorce and child support. Common law is strict which is based on the grounds of decisions made by courts. Islamic law calls for living lives as per principles and Shariah but several Islamic states have pursued western legal system. Lastly, social tradition law is the kind adheres to the values of Marxist-Leninist civil and ideal law ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"aJXRuYCd","properties":{"formattedCitation":"(Merryman & P\\uc0\\u233{}rez-Perdomo, 2018)","plainCitation":"(Merryman & Pérez-Perdomo, 2018)","noteIndex":0},"citationItems":[{"id":492,"uris":["http://zotero.org/users/local/yvjivw9i/items/9NPINQGE"],"uri":["http://zotero.org/users/local/yvjivw9i/items/9NPINQGE"],"itemData":{"id":492,"type":"book","title":"The civil law tradition: an introduction to the legal systems of Europe and Latin America","publisher":"Stanford University Press","ISBN":"1-5036-0755-0","author":[{"family":"Merryman","given":"John Henry"},{"family":"Pérez-Perdomo","given":"Rogelio"}],"issued":{"date-parts":[["2018"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Merryman & Pérez-Perdomo, 2018). Communist regimes and societies are inclined toward pursuing socialist law based on the theories of Karl Marx.
Moreover, these kinds of laws have stark differences and similarities. The Interpol and United States have faced critical challenges because of the diversified interpretation and meaning of laws in the world. Reporting crime is an intricate manner and some states ought not to report them and some report only convictions. Socialist state is vigilant to collect statistics of crime but they refrain from reporting them and keep them classified. The criminal justice system of Canada emphasizes the need for offering a fair trial and access to media in the courtroom is not permitted to ensure it. The criminal justice system of England stresses fair sentencing. These kinds of laws are operated throughout the world but common law states appear to hold officers accountable for desecrating civil rights. Socialist and Islamic states law enforcement have political and religious power and crimes are classified as political and religious. However, police worldwide are the symbol of criminal justice and challenge surface when police utilize informal techniques to curb crime. It is essential to highlight several states despise the criminal justice system and policing structure of the United States as they deem it discriminatory and ubiquitous.
Impact of Cybercrime
After the inception of the internet, rules and regulations were stipulated but the tremendous surge in behaviors of users and growth were not anticipated. Cybercrime is a daunting task to be prosecuted and examined. Since digital evidence is nothing else than numbers difficult to catch, a clear chain of custody and protection of the evidence and significant in criminal cases. It is key to underpin that evidence in cybercrimes causes difficulties to maintain and investigators can contaminate evidence with ease during the investigation. Criminals can program their computers to destroy the evidence when utilized by law enforcement agencies. The victims cannot prove their innocence easily if a cybercriminal frames them, hacks important information or download illegal material on computers. All of these challenges are the manifestation of globalization which calls for the establishment of innovated policies to recover lost data and evaluate the digital evidence. The introduction of tools as forensics have significantly assisted the criminal justice system to combat cybercriminals.
In the contemporary era, blockchain technology has given rise to virtual currencies like Bitcoin. These currencies are untraceable and illegal in several states. Criminal organizations and looters can plunder thousands of millions of dollars in these currencies to wash their crime money and evade investigation and taxes. It is one of the most detrimental challenges on the rise these days. Cybercriminals have been able to hack significant information available on sites of governments.
Policing Structure Worldwide
Police pursue different models based on state and its government. The communist policies focus on protecting leaders and their governments but a democratic system focuses entirely on protecting the people. Criminals are adapting to legal restraints and police are faced with daunting tasks to comprehend them. Ease of access to foreign lands has made criminals become more elusive. It is essential to highlight that police are the key to profound execution and implementation of the criminal justice system regardless of the state ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"nq5RGawi","properties":{"formattedCitation":"(Writers, 2019)","plainCitation":"(Writers, 2019)","noteIndex":0},"citationItems":[{"id":500,"uris":["http://zotero.org/users/local/yvjivw9i/items/ZTL5CD6F"],"uri":["http://zotero.org/users/local/yvjivw9i/items/ZTL5CD6F"],"itemData":{"id":500,"type":"webpage","title":"Building Trust in Law Enforcement","container-title":"FireScience.org","abstract":"Positive police and community relationships require active participation from everyone. Discover steps groups are taking and learn about programs that work.","URL":"https://www.firescience.org/building-trust-in-law-enforcement/","language":"en","author":[{"family":"Writers","given":"Staff"}],"issued":{"date-parts":[["2019",5,30]]},"accessed":{"date-parts":[["2019",5,31]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Writers, 2019). However, crimes are rate are high in the United States and foreign states despite positive and robust policing structure.
The difference in policing structure becomes visible after keen attention is paid to the organization of these institutions and equipment used by them. The prominent difference is called decentralized and centralized. These terms indicate the authority and number of police organizations within a state and the peculiar roles of agencies. In many states in Europe, people can be convicted merely on the basis of suspicion of crimes ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"E6SoJ2KN","properties":{"formattedCitation":"(Bowling & Sheptycki, 2012)","plainCitation":"(Bowling & Sheptycki, 2012)","noteIndex":0},"citationItems":[{"id":498,"uris":["http://zotero.org/users/local/yvjivw9i/items/AFX2XCII"],"uri":["http://zotero.org/users/local/yvjivw9i/items/AFX2XCII"],"itemData":{"id":498,"type":"book","title":"Global policing","publisher":"Sage","ISBN":"1-84920-081-5","author":[{"family":"Bowling","given":"Ben"},{"family":"Sheptycki","given":"James"}],"issued":{"date-parts":[["2012"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Bowling & Sheptycki, 2012). Thus, arrests are not as destructive as they are observed in America. The police in the USA is obliged to arrest people when they are charged with the crime. Same is the case with court procedures which vary across the world as do individual rights in the context of the legal system. Policing structure is different in the world but a common goal is shared which is serving the criminal justice system in true letters and spirits.
America reflects a decentralized system of policing where multiple levels of law enforcement and police are primarily independent of each other. Each political subdivision is equipped with the tendency to offer police services so every town, city, village and state has law enforcement agencies operating within specific chains of commands. Sweden, in contrast to the US, pursues a centralized model of policing. Rikspolis, a single entity is responsible for the provision of law enforcement, investigative services and policing.
Detrimental Globalized Crimes
Terrorism is affecting several regions of the world which are largely influenced by Islamic radical extremism. Human trafficking and illegal gambling are also pervasive. The relentless genocide in Rwanda was aided by the media which played an instrumental role in supporting or framing an atmosphere to sanction the horrific human suffering which ensued. In 1994, more than 900,000 were executed by Hutus. The piracy issues in Somalia have been a major concern for the justice system which initiated in 1991 after the fall of the Barre regime. Unlicensed foreign fishing vessels targeted fish-rich waters in Somalia ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"ANAUzINA","properties":{"formattedCitation":"(Krug, Mercy, Dahlberg, & Zwi, 2002)","plainCitation":"(Krug, Mercy, Dahlberg, & Zwi, 2002)","noteIndex":0},"citationItems":[{"id":496,"uris":["http://zotero.org/users/local/yvjivw9i/items/VEZKAHD6"],"uri":["http://zotero.org/users/local/yvjivw9i/items/VEZKAHD6"],"itemData":{"id":496,"type":"article-journal","title":"The world report on violence and health","container-title":"The lancet","page":"1083-1088","volume":"360","issue":"9339","author":[{"family":"Krug","given":"Etienne G."},{"family":"Mercy","given":"James A."},{"family":"Dahlberg","given":"Linda L."},{"family":"Zwi","given":"Anthony B."}],"issued":{"date-parts":[["2002"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Krug, Mercy, Dahlberg, & Zwi, 2002). Local people claimed foreign bats to intimidate them by using tactics as hiring local groups to harass them.
Radical agencies and rebellious groups have surfaced in many places in the world. The primary aim of these organizations is to dominate their hegemony and dictate their terms by exploiting the perks of globalization. The international organizations have integrated to combat terrorism and states have assisted several African states to combat the rebellious groups to ensure sustainable peace and harmony in the international commit of nations ADDIN ZOTERO_ITEM CSL_CITATION {"citationID":"j6Q82QWP","properties":{"formattedCitation":"(Levi & Gilmore, 2002)","plainCitation":"(Levi & Gilmore, 2002)","noteIndex":0},"citationItems":[{"id":497,"uris":["http://zotero.org/users/local/yvjivw9i/items/F6Q9AX33"],"uri":["http://zotero.org/users/local/yvjivw9i/items/F6Q9AX33"],"itemData":{"id":497,"type":"chapter","title":"Terrorist finance, money laundering and the rise and rise of mutual evaluation: a new paradigm for crime control?","container-title":"Financing terrorism","publisher":"Springer","page":"87-114","author":[{"family":"Levi","given":"Michael"},{"family":"Gilmore","given":"William"}],"issued":{"date-parts":[["2002"]]}}}],"schema":"https://github.com/citation-style-language/schema/raw/master/csl-citation.json"} (Levi & Gilmore, 2002). The need of the hour is to eliminate the terrorist groups as they are the leading cause of rebellious groups in African and other states. These groups fuel the crime rate by extending their agenda internationally to wreak havoc in the foreign states also.
Conclusion
Globalization has introduced a revolutionary change in the criminal justice system in the US and across the world. Business corporations have also advanced to utilize advantages by unraveling accessible line to international products and services. However, it has also strengthened criminal activities and leveraged criminals to expand their crime on foreign lands. Cybercrime is one of the most critical issues which is essentially caused by the advancement in technology. It is an uphill task to find and convict a cybercriminal because he is hard to locate and has the potential to destruct the evidence from computers automatically upon contact of law enforcement agencies. Meanwhile, jurisdiction has assumed a critical role and the access to foreign criminals has become largely dependent on relations between states rather the nature of the crime committed by criminals. Irrefutably these issues will require a collective effort at international levels by the international organizations as the United States to enhance the jurisdiction and criminal justice system. Law enforcement agencies ought to exploit the available resources and manpower to combat criminals and rescue the growing crime rate across the world. Different policing structures as centralized and decentralized are sued by states but their efficiency depends on the organization and equipment used by them. The bottom line is that the criminal justice system is faced with critical challenges because of globalization and profound policies ought to be formulated internationally to combat the growing crime rate.
References
ADDIN ZOTERO_BIBL {"uncited":[],"omitted":[],"custom":[]} CSL_BIBLIOGRAPHY Bowling, B., & Sheptycki, J. (2012). Global policing. Sage.
Globalization. (2013, August 3). Retrieved May 31, 2019, from https://criminaljusticelaw.org/philosophy/globalization-and-criminal-justice/
Krug, E. G., Mercy, J. A., Dahlberg, L. L., & Zwi, A. B. (2002). The world report on violence and health. The Lancet, 360(9339), 1083–1088.
Levi, M., & Gilmore, W. (2002). Terrorist finance, money laundering and the rise and rise of mutual evaluation: a new paradigm for crime control? In Financing terrorism (pp. 87–114). Springer.
Martin, L. (2018). The globalization of American criminal justice: The New Zealand Case. Australian & New Zealand Journal of Criminology, 51(4), 560–575. https://doi.org/10.1177/0004865817745938
Merryman, J. H., & Pérez-Perdomo, R. (2018). The civil law tradition: an introduction to the legal systems of Europe and Latin America. Stanford University Press.
Writers, S. (2019, May 30). Building Trust in Law Enforcement. Retrieved May 31, 2019, from FireScience.org website: https://www.firescience.org/building-trust-in-law-enforcement/
