Posted: March 2nd, 2022

Globalization of Criminal Justice System

Globalization of Criminal Justice System
Write a 1,400- to 2,100-word paper in which you assess criminal justice from a global perspective. In your paper be sure to analyze the following:

Assess the impact of globalization on the U.S. criminal justice system.
Compare and contrast international criminal justice systems (Civil Law, Common law, and Islamic Law and Socialist Law traditions).
Discuss the impact that cyber crime and technology have had on worldwide justice systems.
Differentiate the policing systems on a worldwide scale.
Identify major crimes and criminal issues that have a global impact on justice systems and processes (e.g., Somalia, Rwanda, Bosnia, Darfur, Congo, etc.).

Include at least four peer reviewed references.

Format your paper according to APA guidelines.
Globalization of Criminal Justice System
The criminal justice system has changed due to the impact of technology. The impact of globalization has been felt due to the rising cases of cybercrime. Globalization has contributed to assisting the offenders to cause cyber-related crimes with ease and without trouble. Globalization has influenced several factors such as crime, criminal and the victim including the process of committing a crime in the United States. Additionally, globalization has also impacted on how courts prove a claim as well as decriminalization and criminalization of policies. Globalization has resulted in the creation of new challenges as well as helping in solving other challenges in the criminal justice system (Schabas, Schabas, & Bernaz, 2010). The introduction of new technologies such as computers has led to an increase in the cases of the cases cybercrimes which have become a challenge of address by the criminal justice system. The process of internationalization has removed the borders in the US which has eventually created more opportunities for the criminals and other offenders to commit economic crimes.
Globalization has resulted in the generation of new social stresses which have become difficult to control especially by the United States government. The process has increased the personal insecurity which has impacted the social outcomes of the US (Jaishankar, 2010). The social justice system also involves the neoliberal globalization which controls the political economy of the new millennium. Therefore Neoliberalism has an impact on the criminal justice system because it is not easy to control due to its freedom (Gilbert & Russell, 2002). Additionally, globalization has led to the migration of labor which has an influence on the criminal justice system. The factors such as technological developments and economic reorganization as well as a political influence have led to the migration of people in the US. For instance, the US has immigrants who have found themselves on the wrong side of the criminal justice system of the US. The whole process has led to the creation of laws involving the criminalization of immigration especially on the Mexico-US border.
Globalization has led to the establishment of the legal system across all the countries leading to the creation of international criminal law (Asasriwarnia & Jandra, 2018). Therefore, it is critical to understand the differences and similarities of the international legal system. The legal systems across the world are grouped into five major categories which include the Civil Law system which is commonly applied in the European continent and their former colonies, Commonly law which is dominantly used in the United Kingdom, the United States as well as commonwealth counties (Gilbert & Russell, 2002). On the other hand, the customary law is dominantly used in African countries; the Chinese including the Indian Countries while the Muslim law is used applied in the Muslim Counties such as the Middle East among other areas.
Islamic law systems originate from the context of the legal system of God and the ability of human reasoning. The law defines how the faithful should obey God do what is according to religious books. The law’s advocates for obedience and doing what is right according to God (Asasriwarnia & Jandra, 2018). On the other hand, the Civil law system involves the application of the rules, laws as well as the legislation, the legislation involves the use of codes, statues and the legislation process. The common law is based on the hierarchical doctrine of precedent, it also involve the use of statutes and other cases. The other laws of applications are trust, tort law among others. The legal system of the common law relies on the pragmatism and the distinctive improvisatory. The socialist law originates from the countries of the civil law traditions (Quigley, 1989).
In terms of the historical context, Islamic law originates from the Law of God Almighty and spread through the Prophet and the Apostle (Asasriwarnia & Jandra, 2018). The civil law is the entire legal system practiced in the Western European Countries. The law is related to common law in terms of the dependence on the case law. The civil law advocates for the protection of human rights including ethical and moral principles. On the other hand, the common law originates from the United Kingdom and has dominantly spread across other countries (Quigley, 1989). The legal system was based on historical events, the legal thoughts, doctrines and institutions. The socialist law was commonly practiced in Germany, Austria, Hungry and the Eastern part of Russia.
In terms of the content, the Islamic law system consists of the materials that are based on the sense of God (Asasriwarnia & Jandra, 2018). The Almighty God controls all the aspects of human life and the contribution has a positive impact of introducing morals and other critical aspects of the society. Islamic law is unique from other types of laws because it does not distinguish private law and public law. The jurisprudence of Islamic law is mainly focused on human activities and relationships. On the other hand, the Civil law system consists of both private law and public law. The private law focuses on the regulation of the individuals and the civil relationships in which public law defines the relationship between the individual and the state. Common law consist does not group private law and public law. The common law utilizes the legal groupings of both private and public law (Quigley, 1989). The socialist law forms the family law which is separate from the civil law family, it forms close to a third family and it is distinguished from the common law and civil law.
Technology and cybercrime have grown significantly through the use of the internet (Jaishankar, 2010). The increase in the number of activities online and the growth of cyberspace has led to an increase in the opportunities for individuals to commit crimes. The process has impacted the worldwide criminal justice system through the emergence of the new types of crimes and the improvement of methods such as frauds, property crimes and fraud. The issue of advancement of the technology and especially the cybercrime has made the courts and other law enforcement agencies to focus on the possible ways of dealing with such cases (Jaishankar, 2010). The cybercrime has become the most difficult and threatening for law enforcement and the judicial service system including the public. The growth of technology has also strengthened the process of the criminal justice system across the world especially through investigations, laboratory testing and forensic including the collection and storage of a large amount of data (big data for analysis).
The policing system differs across the world in terms of size, government tiers among other considerations (Schabas, Schabas, & Bernaz, 2010). The policies differ in terms of the local, state and federal agencies. The local agencies are based on a specific local area such as the city and might need the support of the national government. Different countries have different local policing systems in their jurisdictions. For instance, the Federal Bureau of Investigation has more powers in the United States have the power to access databases such as National Crime Information Center and the Automated Finger Identification System which is important in the policing system. The policing system differs in terms of the methodologies on a global scale. Several countries have militarized the police activities which as eventually affected the process of conducting the investigation and the utilization of the technologies. The process of militarized police activities has spread in most of the counties such as Somali, Middle East other parts of the world. Interpol is one of the policing organizations that gather information on the happenings across the world and it differs from other systems in terms of technologies, expertise and high level of training (Schabas, Schabas, & Bernaz, 2010).
Different crime issues have impacted global justice systems. The cases have been revolving around terrorism, human trafficking and illegal gambling. The horrific genocide of Rwanda in 1994 led to the loss of life and the mass destruction of properties. The process led to the killing of more than 800 000 Tutsis by the Hutus (Newbury, 1995). The violence had an impact on the criminal justice system because the issue attracted international concern. The Piracy and Terrorism activities in Somali have also been an issue in the criminal justice system. The criminal activities in Somali began during the collapse of the Said Barre regime in 1991. The process has increased tension and loss of lives.
In conclusion, globalization has impacted the US criminal justice systems in terms of the development of new methods of proving claims, the rise of social stress and the impact of immigration activities. The civil law, common law, Islamic law and socialist law traditions have a common way of ensuring justice; however the laws differ in terms of content, history and applications. Cybercrime and technology have also impacted the criminal justice systems in terms of the emergences of new methods of committing crimes and the development of sophisticated methods of combatting crimes. The criminal activities have been happening across the world and some have an impact on the global criminal justice systems.

References
Jaishankar, K. (2010). The Future of Cyber Criminology: Challenges and Opportunities1. International Journal of Cyber Criminology, 4(1/2), 26.
Gilbert, M. J., & Russell, S. (2002). Globalization of criminal justice in the corporate context. Crime, law and social change, 38(3), 211-238.
Quigley, J. (1989). Socialist Law and the Civil Law Tradition. The American Journal of Comparative Law, 37(4), 781. doi: 10.2307/840224
Schabas, W., Schabas, & Bernaz, N. (2010). Routledge Handbook of International Criminal Law. Routledge.
Newbury, C. (1995). Background to genocide: Rwanda. African Issues, 23(2), 12-17.
Asasriwarnia, A., & Jandra, M. (2018). Comparison Of Legal System: Islamic Law System, Civil Law, and Common Law. UMRAN-International Journal of Islamic and Civilizational Studies, 5(2-1).

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