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GLOBAL PERSPECTIVES ASSESSMENT

Global Perspectives Assessment CJA/484 Ronald Alter October 7, 2013

Global Perspectives Assessment

GLOBAL PERSPECTIVES ASSESSMENT Globalization has opened the doors to a new breed of criminals and has given criminals international and national the opportunity to commit crimes on a larger scale.

The United States criminal justice system is faced with difficult changes, in many cases, crimes committed against America by members of other countries are sometimes at a standstill because of the differences of the laws and legal norms in the various court systems. Crimes such as, biological warfare, cyber crimes, international terrorism, human trafficking, and drug cartels reflect the changing landscape of the criminal justice system ("King Graduate School Monroe College", 2013). Crime controlling is a matter under discussion on a worldwide scale, which is becoming more difficult with late globalizing trends. With regard to economic development, the world has entered into a new stage due to the progress in technology and policy. Although globalization has raised international trade and added many opportunities for legal businesses; it has also raised the chances for criminals to commit illegal business. It requires high cooperation and coordination between the local, state and national law enforcement agencies to fight and control crime on such a large scale ("What Is Globalization? , 2012). This narrative will assess the impact of globalization on the United States criminal justice system, compare and contrast international criminal justice systems civil, common, Islamic, and Socialist law traditions. Discuss the impact that cybercrime and technology have had on worldwide justice systems, differentiate the policing systems on a worldwide scale, and identify major crimes and criminal issues that have a global impact on justice systems and processes.

GLOBAL PERSPECTIVES ASSESSMENT Effects of Globalization on the United States Globalizing trends made possible the movement of capital, goods, and services over the world in the last fifty years. Such trends have brought many countries closer to each other. The relevance of partitions such as geographic location is also reduced by globalization. With regard to business, the world has become smaller as new forms of

trading capital, goods, and services are not dependent on geographic locations. Although globalization gives many new paths for international trading; it also gives path for international crime. International crime is the disadvantage of globalization. Since, then the criminal activity in one part of the world can easily affect other parts, new problems has arisen for criminal justice systems which have geographic restrictions (Shaw, Dijk, & Rhomberg, 2003). Creating counterfeit money, illegally importing or exporting drugs, weapons, precious metals and gems, and buying and selling of human beings and cybercrime are the common transnational crimes. There are indirect suggestions or hints for the criminal justice system of the United States by such crimes. For instance, violence caused by rivalry between drug cartels of Mexico has spread till Texas (Shelley, Picarelli, & Corpora, p. 143). Hence, the law enforcement, the courts and corrections of Texas are affected by the criminal problems of Mexico. Some people believe that drug smuggling is the entrance for domestic organized crime groups to enter the transnational kingdom (Shelley, Picarelli, & Corpora, 2003, p. 146).

GLOBAL PERSPECTIVES ASSESSMENT Global Effects of Major Crime

For many countries human trafficking and weapon smuggling are also major problems of crimes. The two causes of human trafficking are smuggling of immigrants and trafficking people for exploitation. Without the involvement and corruption of some law enforcement officers, human trafficking cannot take place (Shelley, Picarelli, & Corpora, 2003, p. 147). The security of a nation is becoming a serious and challenging matter of concern for the criminal justice systems because of the weapon smugglers. The Russian Mafia started smuggling weapons after developing a criminal firm in alliance with the established crime groups in Eastern Europe. Some weapon smugglers of Ukraine and Russia, which supplied weapons to the rebels and the Balkans of Africa, were arrested by Italian law enforcement authorities. Although weapon smuggling is a problem of every country in the world, it could raise a grave situation to America. Various terrorist groups get weapons from the established international weapon smugglers to attack U. S. and other nations. Hence, weapon smuggling is a serious global problem (Shelley, Picarelli, & Corpora, 2003). Criminals get new ways to violate the law because of modern technology. The Internet is one of the equipment that criminals use to commit crime. Established crime groups use their information technology and computer expertise to commit an offence. Scams,

GLOBAL PERSPECTIVES ASSESSMENT forgery, illegally transferring money, hacking, sexual predation and scandals are the common cybercrimes. Cybercrimes affect criminal justice systems worldwide, because cyber-criminals can easily hide their identity and hence it is very difficult for the law enforcement authorities to trap such criminals (Merritt, 2010). Civil and Common Law

In todays world, there are several types of laws that are associated with different criminal justice system around the world. The Civil and Common Law, Islamic Law and Socialist Law traditions are all important in their own aspect. The Civil Laws are based on concepts, categories, and rules derived from Roman law, with some influence of canon law, sometimes largely supplemented or modified by local custom or culture. The civil law tradition, though secularized over the centuries and placing more focus on individual freedom, promotes cooperation between human beings (LSU Law Center, (2012). It is the major legal system used Europe, Latin America, Scotland, the state of Louisiana, and Canadas Quebec province. Under civil law, every defendant who enters a criminal trial is presumed guilty until proven innocent. This system is practiced in England, the United States, and some countries colonized by England. Under a common-law system, disputes are settled through an adversarial exchange of arguments and evidence. Both parties present their cases before a neutral fact finder, either a judge or a jury. The judge or jury evaluates the evidence applies the appropriate law to the facts, and renders a judgment in favor of one of the parties. Following the decision, either party may appeal the decision to a higher court. Appellate courts in a common-law system may review only findings of law, not

GLOBAL PERSPECTIVES ASSESSMENT determinations of fact. Under common law, all citizens, including the highest-ranking officials of the government, are subject to the same set of laws, and the exercise of government power is limited by those laws ("LSU Law Center", 2012). Islamic Law and Socialist Law This system is laws based on the Muslim faith and interpreted from the Koran. Under Islamic Law, there is no separation between Church and State; it is all under Islamic law. Under this system law cannot exist outside religion, giving the state no

power to lead. The Socialist Law system is a system used by the wealthy to keep power and hold the working class down. This system gives the attitude that laws are subordinate to the decisions and ideas of central political leaders. Major International Crime and Criminal Issues The political and economic conditions of many African nations have become unstable due to civil war. In many African nations, including Somalia, Rwanda, Darfur, and Congo, crimes of opportunity and crimes regarding possessions and assets are most common. In Somalia, violent crimes like kidnapping, robbery, inter and intra tribe violence are also common (U.S. Department of State, 2011). The international political scenery is controlled and ruled by conflict between ethnics and the urge for ethnic authorization in Rwanda and Bosnia-Herzegovina (U.S. Department of Justice, 2012, p. 129). Crimes during war that violate the most basic rights of humankind are the common crimes in Rwanda and Darfur. Intra-continental smugglers provide small weapons to Somalia, Darfur, and Congo. Governments of some African countries also pay for such weapons and services. It is not important to African nations how they trade weapons, with regard to economics.

GLOBAL PERSPECTIVES ASSESSMENT

But such trading means compromising with the national security and social and economic development of the country ("Africa Europe Faith and Justice Network", 2010). Cybercrimes can be committed in a number of ways, such as e-mail fraud, Data theft, extortion, identity theft, just to name a few. All of these issues are associated with technology, as technology began to expand, began to help the world move faster and grow quicker. The worldwide justice system will always feel a negative impact that is associated with technology. With the increased ownership of computer, people can use the technology in the comfort of their home, whether they are in China, USA, or Mexico and commit cybercrimes that are virtually undetected by the justice system, due to the high volume of Internet users and the private locations of the crimes being committed, the home. Major crime and criminal issues that are impacting the justice system in Somalia is privacy. Somalia is a failed state with a weak, unstable central government and no effective police force; thus, pirates are able to operate with impunity (Sterio, 2010). Major crime and criminal issue in Rwanda is cybercrime. Cybercrime is still a big challenge in the region. We need everybody to be aware of this crime and people must be careful whenever they are transacting their businesses using modern technologies" ("Rwanda: Cyber Crime Still a Major Challenge", 2012). Over the years, Rwanda and three other African nations lost over 245 million dollars. Conclusion Although globalization provides various opportunities for international trading, it also equips criminals of one country to pact with criminals in other countries. The various criminal justice organizations around the globe must work in coordination and

GLOBAL PERSPECTIVES ASSESSMENT cooperation with each other to prevent international crimes like trafficking, smuggling, and cyber-crime. Reference King Graduate School Monroe College. (2013). Retrieved from http://monroecollege.smartcatalogiq.com/en/2013-2014/Graduatecatalog/Academic-Programs/Master-of-Science-in-Criminal-Justice.

What Is Globalization? (2012). Retrieved from http://www.globalization101.org/what-isglobaization. Shaw, M., Dijk, J. V., & Rhomberg, W. (2003, December). DETERMINING TRENDS IN GLOBAL CRIME: AN OVERVIEW OF RESULTS FROM THE UNITED NATIONS SURVEYS OF CRIME TRENDS AND OPERATIONS OF CRIMINAL JUSTICE SYSTEMS. Forum on Crime and Society, 3(1), 35-61. Shelley, L., Picarelli, J., & Corpora, C. (2003). BEYOND SOVEREIGNTY: ISSUES FOR A GLOBAL AGENDA (2nd ed.). Belmont, CA: Thomas Wadsworth. Merritt, M. (2010). Nortons Cybercrime Report: The Human Impact Reveals Global Cybercrime Epidemic and Our Hidden Hypocrisy. Retrieved from http://community.norton.com/t5/Ask-Marian/Norton-s-Cybercrime-Report-The-HumanImpact-Reveals-Global/ba-p/282432. Africa Europe Faith and Justice Network. (2010). Retrieved from http://www.aefjn.org/index.php/arms-361.html LSU Law Center. (2012). Retrieved from geaux=clo.whatis http://www.law.lsu.edu/index.cfm?

GLOBAL PERSPECTIVES ASSESSMENT U.S. Department of Justice. (2012). Critical Criminal Justice Issues. Retrieved from www.ncjrs.gov/pdffiles/158837.pdf U.S. Department of State. (2011). Somalia. Retrieved from http://travel.state.gov/travel/cis_pa_tw/cis/cis_1023.html Sterio, M. (2010, June). THE SOMALI PIRACY PROBLEM: A GLOBAL PUZZLE NECESSITATING A GLOBAL SOLUTION. AMERICAN UNIVERSITY LAW REVIEW, 59(3), 1450-1496. Rwanda: Cyber Crime Still a Major Challenge. (2012). Retrieved from http://allafrica.com/stories/201204180376.html.