Wednesday, October 30, 2019
Criminal Law Foundations Evaluation Essay Example | Topics and Well Written Essays - 1000 words
Criminal Law Foundations Evaluation - Essay Example The flipside of the above development is that criminal elements have taken advantage of the interactive nature of globalisation to perpetuate crime in the US. In the US, the September 11th Attacks serves as the epitome of the downsides of globalisation since the attacks were planned overseas by Al-Qaeda elements and executed by hijacking airplanes before crushing them against buildings. Terrorism becomes more complicated to the US criminal justice system, given that globalisation has helped make America more multicultural. For this cause, America harbours people with criminal intent and no patriotism to the country. Courtesy of the same globalisation, the US has had to contend with the smuggling of narcotics from Latin American countries such as Mexico and Columbia, into the American soil. Similarly, the financial implications of globalisation on the US criminal justice system is underscored by the fact that since globalisation has made terrorism a global problem and America's intere sts are spread both locally and globally, the US has had to increase and fine-tune the operations of its law enforcement agencies to incorporate US' international interests. It is against the same backdrop that the US also has made frantic efforts to spread its ideals on justice and the war on terror. The US has made several efforts to have different states the world over pass and domesticate the antiterrorism bill. Comparing And Contrasting International Criminal Justice Systems (Civil Law, Common law, and Islamic Law and Socialist Law traditions) According to Dammer and Albanese (2010), the difference between civil and common law is that the latter is based on case laws and customs, while civil law mainly depends on the principle of legality and Roman law. In the common law, the judge will have to use inductive reasoning about facts presented to him, while in civil law, the judge uses deductive reasoning. In common law, the court of law can fashion an equitable solution, as one th at is fair. In civil law, it is inappropriate for the court to contrive a remedy that is not prescribed in the code. Again, in common law, the judge and jury may preside over the case, as opposed to the civil law where as panel of judges, or just one judge may preside over the case. Islamic law on the other hand appreciates human action by dividing them into the permitted [halal] and the prohibited [haram]. These are also further subdivided into different degrees of good or evil, through the use of various descriptions such as forbidden, objectionable, neutral, recommended and/ or obligatory. The source of Shariah or Islamic Law is the Quran and Islamic tradition such as Hadith. The verdict arrived at are therefore a derivation of religious views in the Quran, the Hadith and interpretations of religious scholars. The verdicts that are issued under Islamic Law are harsh since offences committed are deemed to have been committed against God. Similarly, democratic principles and even g ender parity do not feature therein. Discussing the Impact That Cyber Crime and Technology Have Had On Worldwide Justice Systems It is a fact that cybercrime and technology have impacted judicial systems, worldwide. For
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