Comparative justice systems

Comparative Justice System

Introduction

Due to the increase invention and innovation in technology and commercialization of the market economy, people have come up with means to earn money and some of the means are very illegal and unethical. The emerging issue of concern is the international crime otherwise called the transnational crime. Over the past years, the international community has pushed for the counter regulation of the business and the proliferation of the transnational crime which in many cases are organized crime. The September 11th bombing of the twin towers in the US was an eye opener of the type of damage the crime could cause if left untamed.

Transnational crime describes the extended level of criminal activities that take place at an international level implying that the crime runs across international borders. The term international means that the nature of the crime include going across the national borders and some crimes do not basically involve the movement of the perpetrators to the next countries but the ideas and activities do. In some occasions, the criminal activities are carried out in one country while the impact is felt in another country. Examples of the transnational crime include human trafficking, drug smuggling, gun trafficking and terrorism.

The Cause

The emergence of transnational crime is basically due to transnational organized crime (TOC) groups all over the world which are well established with strong defense systems.  Corruption is intensified in the growing economy and globalization hence the transnational crime has found loopholes in the mutually shared interests of the globalization and most regions of the world are affected (Luna 2008). The major enticing factor is the amount of profits that obtained fro the illegal trade. Owing to the fact that the activities are illegal, the felons do not get to pay taxes, and use flawed means to get around criminal activities. The second factor is that there is ready market for the products in the free market. Unlawful activities and the fraudulent governance have become a major setback to the effort by the joint security to and the whole world.

Combating the transnational crime is a very big task and the United States alone cannot curb the illicit actors from stealing from the innocent people. The most difficult task is dealing with criminal networks that are deeply rooted in the society and have accomplices everywhere in the world. Another hindrance is the corruption which is the central past that most international criminals rely on for their safety, they have a lot of money in circulation and they can afford even the topmost officials in the government and hence can manage to escape facing the law (Luna 2008).

As a government, the United States is seriously threatened by such illegal activities (illicit drug trade, smuggling and terrorism) and it has been the target by most of the transnational organized criminal from the Asian nations. The US is therefore faced with a tough situation in setting up strategies to tackle the crime and protect the citizens in all aspects. The US security policy at domestic and abroad should aim at stopping and eliminating the criminals in entirety since the safety of the people is always at risk when the activities are out of control (Luna 2008). Currently the US economy is deteriorating and this is evidenced by the decline in the operations of big corporations in the US such as the CTIT bank and the bank of America. This means that the president will not be able to deal with all kinds of transnational crimes and will have to focus on the most urgent and the ones that affect the US security interests directly like terrorism, gun trafficking, and human smuggling. The September 11th attack of the year 2001 on the United States has been the talk of the past years as an indicator of the massive destruction that the criminal gangs can cause. It reaction at that time included the use of military forces to attack the gangs that were believed to be behind the bombing activities. The then US president (George W Bush) declared war on the terrorists who were directly responsible for the bombing and also vowed to track down any other terrorist organizations that could be inexistence in the world (Luna 2008).

Unlike his predecessor, the current US president Mr. Obama has not declared investing in military operations to route out terrorism rather advocates for a peaceful way of handling such serious issues. The economy and budgetary allocation for dealing with crime has to be cut down because such matters are not profitable though they affect the citizens directly. The United States has not been threatened by the illegal trade especially in guns, human trafficking and drugs because the forces were assumed to be very efficient until the impact became very visible in terms of economic declination and cases of insecurity and inflation rates (Luna 2008).

The penetrations of the transnational crime to the US prompted the creation of forces to trey and stop the illegal drugs, unlawful aliens, criminal gangs and finding groups. Most of the criminal activities in the US is assumed to originate from other areas and slowly penetrates the US but this is not always the case, because the US is a multiracial nations and a home to people with many capabilities. The international law system is not properly designed to deal with crime and the developed nations are usually very manipulative of the operations because they are the financiers. The UN soldiers are mostly from the developed nations like Israel, US, France and Canada among others especially the group eight nations.

Human Trafficking

The critical areas of transnational criminal to look at include; terrorism, human trafficking, drug smuggling, and illicit gun trade. This is because this is the main types of transnational crimes that affect the US economy directly.  Human trafficking is simply defined as the modern form of slavery and it is distinguished fro the people smuggling in that in the latter situation, ask for services for smugglers and no deceit may be encountered in the unlawful concurrence, US department of Justice (2002). When the smuggled individuals reach their destination, they are usually free while it the event of human trafficking, the victims are treated as slaves or they may be put under oppression status with very exploitative terms, meaning that the victims human rights are infringed. The victims of human trafficking are usually enticed with false promises and at times force may be used.

Over the past years, human trafficking has been a very profitable venture though it violates human rights and in some countries like Russia, Hong Kong, Eastern Europe, Columbia and Japan, the trafficking is operated as one of the largest forms of organized crime activities.  In other areas of the world however, the crimes are done by small groups of people who pose as investor in some business industries like transportation, advertising of recruitment. US department of Justice (2002)

Causes of Trafficking: People get into the vice because of several pull and push factors and some of them include the following; unemployment, regional inequality, existence of organized crime activities, financial disparities, corruption, social favoritism, political unsteadiness, high profitability, deprivation and marginalization of the poor, reluctant laws of international sex tourism trade, and demand of sex from pedophiles. Human trafficking is advanced by the increased technology and permeable boundaries where communication and transnational extent is increasingly lucrative. Unlike other commodities like firearms and illicit drugs, humans can be traded many times.

Human trafficking involves the ethical aspects where the human rights are violated and the well being of the victims is compromised. The victims are susceptible to the physical harassment by the traffickers to make sure victims conform to their demands.  Many victims are held captive or assaulted so as to suppress resistance or otherwise they could be kept poor by low wage rates since they are not protected by the labor laws. US department of Justice (2002) There are cases of victims who work for about 15 hours in Serbia, former Soviet Union and even China, the victims also complained of low salaries, compulsory nightshift jobs, poor working conditions and breach of the working contract.

Terrorism

Terrorism has been described as a systematic application of pressure to government especially in the form of terror to coerce them to comply with the demands of the terrorists. There is no standards definition and some broad classification of terror activities includes the unlawful activities of war and violence against innocent individuals (citizens). There cause of terrorism activities has not been clearly described and the terrorist have not designed a distinct ways of carrying out their terrorist activities in terms of political effectiveness. There are cases of individual terrorist who are driven by the desire to be seen as heroes by their peers or ethnic grouping than doing it for political reasons. The definition f terrorism is therefore arbitrary and different definitions are given according to the context of use. In 1988, there were over 100 definitions according to US army records.

Terrorism has been a controversial subject because of the belief many Muslims hold, they believe that it is a way of fighting holy jihad and use even the state machinery to fight the so called holy war, on the other hand the countries of the West do not understand why these Muslims are fighting and what they are fighting against because they destroy property and kill innocent people who have no connection whatsoever to their clams.  The reasons why terrorist activities are so rampant is not clear but one thing is that these activities are a threat to the US economy because, over the past years, the US has allocated a lot of money (investing in military equipment and a lot of personnel) to fight terror in the Gulf region i.e. Afghanistan and Iraq. In the process, many families have been destabilized (soldiers’ families) and lives have been lost as well not to mention the financial support. Resistance by terrorist and counter attacks by the G-8 nations especially the US is another contributory factor to the increased terror. For instance, the deployment of the US troops in to the gulf region (Afghanistan) motivated the bombing of the world trade center in New York as a retaliation strategy to the US imperialism. This is because some scholars argue that terrorism started just after the Second World War and the cold war period when the US was much opposed to the communism in the Former Soviet Union and was pushing for the adoption of the capitalism economy (Imperialist). This lead to resistance and some states had to take sides since by then, there two most powerful nations in the world (US and Soviet Union) later on the Soviet Union collapsed. Those opposed to the US ended up as terrorist since fighting the US was a very difficult and dangerous task. Terrorism is some times carried out by individuals or states. State terrorism is the instance when terror activities are operated by unstated chain of command (authority like governments).  Here the controversy is that some military operations are also referred to as terrorism for instance the US attack on industrial area of Japan, Hiroshima.

Drug Trafficking

Illicit drug trading otherwise commonly termed as drug trafficking has become an international problem with dealings in the black market and hence depriving the governments some revenue and also infringing the human rights like. Many drugs are legal and business can be done with them but there is regulation to some drugs which are dangerous to the health of people. The dealings in illegal drugs are very similar to other trades and currently there are cartels in operations and the organization is highly sophisticated that there is specialization along the supply chain so as to reduce the tracking of the law enforcers, US department of State (2002). The cartels ranger from street dealers to larger organizations similar to the multinational territory that is as large as a governmental organization. The drugs are grown in wilderness and processed in hiding in labs and later on brought into the market. The market for the drug is readily available since drug consumption is all over the world and the larger profits are an enticing aspect plus the fact that the drug dealers get a lot of money which they easily bribe the police (Luna 2008).

The US have established laws that are implemented by the federal government to deal with illegal drugs though some officers have in the past been implicated with the scandals despites the governments stance on the issue. On the other hand, the government also hides some statistics for instance the WHO and the united nations interregional crime and justice research institute studied the biggest international use of cocaine but the US opposed the publication of the findings.

Gun trafficking and Money Laundry

The illegal dealing in arms encourages illegal activities like robbery and other gum related crimes. The Bureau of Alcohol, Tobacco, and Firearms (BATF),  is responsible for putting into effect the federal gun laws, recorded the origins of crime guns recovered by police by using documentation from dealers, most of the arms do not have clear record implying they were smuggled, US department of State (2002).

Money laundry is the collection of revenue from illegal activities like prostitution, gun theft, human smuggling and drug trafficking. This is a threat to the US because statistics show that money from such activities is used to fund terrorism activities. For this reason, a financial task force was launched in 1989 to look into the matter of terrorism and money laundry, US department of State (2002). The structure of the economic and monetary subdivision makes it one of the most susceptible parts; banking, insurance, and securities managerial regulation include comprehensive set of laws with reference to money laundering and terrorism sponsorship.

Conclusion

 A better understanding of the transnational organized crimes dynamics will greatly help the president and the departments involved like the department of state, and department labor among others to coordinates, establish and supervise anti criminal policies and strategies. Excellent data collection and evaluation of the nexus between crime and economy would help the government to handle both systems.

References

Ivan A. (2002). Tunnel at the End of the Light. A Critique of U.S. Counter-terrorist Grand Strategy. Cambridge Review of International Affairs. Vol. 15. No. 3 (2002)

Luna D. (2008). Dismantling Illicit Networks and Corruption Nodes. 13th International Anti-Corruption Conference Athens Greece.  U.S. Department of Justice. Director of Anticrime Prey retrieved on 6th 5.45 pm from http://www.13iacc.org/IACC workshop/workshop 6.2

US department of Justice (2002). Department of Justice Issues To Visa To Protect Women, Children and all Victims of Human Trafficking. U.S. Department of Justice