Global Perspectives

Nowadays, the destabilization of the situation in the world remains an urgent problem due to transnational organized crime, terrorism, corruption, money laundering, violence, and so on.

The inequality has considerably increased, while the political, economic, and social isolation of many countries have contributed to the growth of sectarianism and violence. In this respect, the role of criminal justice in the modern world acquires more importance than ever before and we decided to create the following exemplification essay to discuss it. The complicated political situations that occur in various parts of the world increase the international community’s concern about serious violations of generally recognized principles and norms of the international law. Correspondingly, criminal justice contributes to the widespread dissemination of the practice of the formation and functioning of the judiciary, empowered to act in the sphere of enforcement of the international criminal law. Therefore, the current reality requires the world community to unite its efforts and create international justice systems in order to cope with different threats caused by globalization and cybercrime.

The Impact of Globalization on the U.S. Criminal Justice System

Globalization has become the main reason for changes of the U.S. criminal justice system. The elimination of boundaries between countries has resulted in the expansion of criminals from different parts of the world. Recent studies suggest that globalization, along with positive aspects, evokes negative effects in criminal law such as transformations of certain types of criminality and the appearance of its new forms, e.g. nuclear terrorism, sexual slavery, transnational organized crime, and others (Ebbe, 2013). Thus, globalization has increased the capability of international terrorism, illegal drugs, and other criminal activities. The advantages of the World Wide Web do not always have positive consequences to the USA. Though it gives the opportunities to make business globally, it also allows criminals to commit money laundering, fraud, and other criminal activities.

Furthermore, the USA participate in countering international crime, which has become more organized, socially dangerous, and affects the security interests of the entire world community. In addition, Ebbe (2013) believes that the country puts forward a task of bringing national criminal legislation in line with generally recognized principles and norms of international law and treaties. All these issues inevitably entail global interaction in international affairs aimed to curb the global criminal activity. At present, the economic development of the United States does not cause a decrease in the level of crime, on the contrary, representatives of academic science and law enforcement officers pay attention to the processes of globalization of crime and the use of international links in the implementation of criminal intentions (Kunnie, 2015). Currently, the USA develops international cooperation with states and other parties in combating various types of crime in order to maintain international peace and security.

International Criminal Justice Systems

International criminal justice systems are dependent on the development of a particular society. The legal system includes a whole set of internally interconnected, socially homogeneous legal means, whereby the state authorities have a regulatory, organizing, and stabilizing influence public relations (Kunnie, 2015). The legal system includes the entire lawful reality of a certain state, underlining civil law as a system of generally binding norms. The basic elements of assessing these relationships are the constitution and the actual regime of political power in the country. The research asserts that the common law system originated in England operates in virtually all countries (Ebbe, 2013). Despite the significant differences existing between the legal system of England and the national legal systems of other countries, the imprint imposed on the latest models, approaches, and concepts of English law, to this day largely determines the structure of sources of law, the organization of the trial, system of evidence, and others.

Muslim law and criminal justice system differ from the Western World standards because of their religious beliefs. Islamic criminal justice system rests on the principles of Islam, derived from the Koran. For this reason, it differs critically from the Western justice systems. The Koran is unquestionably the first source of Muslim law. Meanwhile, it is obvious that the legal provisions are clearly insufficient to regulate all relations that arise between Muslims. Therefore, Islamic lawyers have developed a Muslim law, aimed to justify the decisions stemming from the Koran or Sunnah. However, they cannot escape the abstract perception of the phenomenon of law. This difference determines the contradictions between the Western World and Islamic countries.

Currently, each state has its own criminal justice system. Moreover, some countries may practice several competing legal systems, which operate simultaneously. In the United States, for example, along with the federal, there are relatively independent from each other legal systems of individual states with their constitutions, criminal codes, and law enforcement bodies (Fedeli, 2013/2014). Thus, the system of the socialist law retains its positions in some countries, such as China and Cuba. In China, for example, there is an active process of reforming criminal law, resulting in the adoption of a new version of the Criminal Code, which establishes the criminal liability of legal entities, a new system of economic and official crimes, and others (Kunnie, 2015). Ultimately, socialist law traditions rest on the ground of revolutionary conscience and socialist sense of justice.

The Impact of Cybercrime and Technology on Worldwide Justice Systems

The enormous technical potential and unlimited possibilities for access to any information have caused the emergence of cybercrime, related to the category of new non-country threats and challenges. The danger of modern cybercrime lies in its ability to penetrate into all spheres of life. In addition, it has a very rapid adaptability to new conditions. Anonymity, speed, unreality of virtual interaction, and absence of real state borders are those elements that make cyberspace an attractive place for committing crimes, making it difficult to search for cybercriminals and save electronic traces of crime (Ebbe, 2013). Moreover, the active introduction of innovations in various spheres of human life creates a significant threat of the use of information weapons. The character of the global computer network requires the consolidation of the efforts of the international community to develop international legal instruments in the fight against cybercrime, which features a transnational nature.

Furthermore, the problem of cybercrime requires serious and large-scale research as well as the development of common international standards from the conceptual apparatus to unified legal norms. Due to the transboundary nature of this phenomenon, the criminal legal struggle against the latter has become a global problem. Experts report that in order to effectively combat cybercrime, both the adoption of appropriate criminal law norms at the national level and the development of uniform international standards are necessary (Siegel & Worrall, 2016). To date, the world justice systems have undergone significant changes caused by the emergence of cybercrime and the need to develop effective measures to combat it. However, different states have adopted, developed, and made changes to the national legislation autonomously. Therefore, the national criminal legislation of the countries is very diverse and even contradictory.

The Policing Systems on a Worldwide Scale

Nowadays, most modern wars take place within the state borders, indicating a further departure from the international armed conflicts, characterized by the first half of the 20th century (Fedeli, 2013/2014). For example, chaos and armed violence in the absence of effective control by the government have also become a new phenomenon. As a result, armed violence in weak or insolvent states often flows through the third states, which are inclined to assume the functions of law and order instead of the government, which cannot cope with the conflict. Thus, the current attempts to stop piracy activities off the coast of Somalia are among the most vivid examples (Kunnie, 2015). In addition, the old phenomenon of terrorism acquires a new asymmetry of military power and the ability of non-governmental groups to cause damage.

Furthermore, modern armed forces take part in a wide range of operations, from containing riots in peacetime to resolving open international armed conflicts. It is difficult to classify these various situations to determine which international legal norms to apply to them both because of a lack of clarity in the law and because of political factors that often influence the decision-making process. Conflicts in Bosnia, Rwanda, Darfur, Congo, among others have both internal and international features (Siegel & Worrall, 2016). As a rule, international justice systems aim to protect the state from foreign enemies. In this respect, the international community discusses the issue of taking effective measures in cases of systematical citizens’ rights violations in different parts of the world. The essence of this question is whether states have absolute sovereignty in the conduct of internal affairs, and whether the international community has the right to interfere in the internal affairs of any state for humanitarian purposes. Therefore, if the state is unable to protect its people, whether due to a lack of ability or willingness to do so, the international community should take the responsibility for protecting people.

Conclusion

The current world situation remains rather destabilized due to globalization, terrorism, cybercrime, and so on. The presence of social, economic, and political isolation contributes to this phenomenon, entailing the development of international criminal justice systems. Therefore, in order to protect the world from the negative consequences of these processes, the world community should unite its forces to cope with threats caused by globalization.