International Crime Witness Part 2

International Crime Witness Part 2

CRJ 330: Comparative Criminal Justice

Strayer University

Introduction

Criminal proceedings in another country which has no jurisdiction in the United States of America. However, most of the common laws in their own countries differ and the jurisdiction will prosecute solely based on the place of the crime that was committed and the civil law that will be prosecuted based on the citizenship that they currently hold. Thus, coming back to the United States and reporting to the court proceedings and correctional systems law to testify what was witnessed in another country.

Analyzing Both Court Systems

England’s governmental court system holds a unitary government, which means that the country holds the single power that is central which are supreme and administrative that are controlled by their own delegate system. They do not have a President but a monarchy such as a Queen but functions within the Parliament Act and a legislative team. Here the Queen’s bench maybe a bit more flexible at the proceedings (Dammer, H.R. and Albanese J.S., 2014). Following the United States court system within both the countries deal with tow (2) primary systems of law “one of an AngloSaxon origin and one that follows the French line.”.

The court systems in the United States is the Federal court system such as the Supreme Court and State court system such as the Highest State courts. Here in the states they will have trial by jury as an option and reporting as a witness to the violent assault with the dual judicial court systems such as the federal and state. The defendant will have the option to choose and it is one of the amendment rights for the people (Medrea, N., 2010).

The distinction with both countries is quite different however, leads to the conclusion of which way is more punishable or feasible to the countries laws and own way of prosecuting the criminal. The witnesses will still be able to give a statement in the United States but unlike England law enforcement decides where or not to pursue the case and the United States will take it as evidence in court for them the jury to decide.

Experience’s Within the Countries Prison System

The accused has been sentenced to imprisonment and the two (2) countries has their own way of experiences between the countries. In England or the United Kingdom as well as the United States have the same to similar prisons system.

The cell mates have their own small television which are shared and can only get it if they earn it. Electronic games are allowed but none of which that has the ability to connect to wifi are forbidden. Prisoners are allowed at least 30 minutes to associate or go outside, they can not be sitting around but either be working or studying so they can use their time wisely. The prisoners are not allowed to keep their own personal belongings with them. All prisoners wear a uniform, pay for any outgoing calls which are allowed on certain circumstances that are monitored, no social media allowed due to any possible breach in the prison and finally, depending on their behavior they may or may not allow visitors and depends on how many at a time they can have (Pemberton, S, X., 2015).

Ethical Concerns in the Country’s Courts and Correctional Systems

The ethical concerns that the country would have is one (1) where consent and refusal would be a problem and two (2) would be a privacy concern. Consent and refusal would fall under for example, medical treatment or check-up. Prisoners or even in the courts that require them to get tested or submit any type of bodily sample to certain purposes. They should be able to say no if they do not want to do any test and the concern lies whether the country’s court or correctional system will honor that. In some cases, the defendant does not have a choice depending on the type of crime that was committed (Renshaw, A., & Suárez, E., 2009). 

The second part in the ethical concern is privacy concern because cell mates all live in the same facility and there is no privacy when showering or using the bathroom or changing clothes. It is a difficult situation where the correctional facility can provide and ensure privacy as all inmates are required to use the shower and bathroom around the same times. They have time frame set out for them and it raises a concern at the same time they want to ensure the safety of the inmates and provide a set of rules that they should follow (Renshaw, A., & Suárez, E., 2009). 

Change in the Courts and Correctional System

One (1) recommendations that can be made within the courts and correctional system is to have more funding where they can hire more guards and build a bigger and more private bathrooms. It is true that once a crime has been committed and the person has been incarcerated their rights have been taken away but I believe that privacy in this manner only should be allowed to an extent. Maybe not in front of all and everyone but maybe a few and officers present to ensure their safety.

Conclusion

Every country has their own set of rules and laws that in place for the purposes of controlling and promoting the right way when leading a country. The main goal is to ensure the safety of the people and freedom, but what they do with that solely depends on the citizens of the country. Knowing right from wrong and taking into consideration that it is a privilege to have the power to control themselves from committing any type of degree of crime.

References

Dammer, H. R., & Albanese, J.S., (2014). Comparative Criminal Justice Systems. Wadsworthcengage learning (5th ed). International Criminal Court.

Medrea, N. (2010). The Court Systems in the Usa, the Uk and Romania- TranslationIssues. Juridical Current13(2), 162–166. Retrieved fromhttp://libdatab.strayer.edu/login?url=https://search.ebscohost.com/login.aspx?direct=true&=a9h&AN=53752151&site=eds-live&scope=site

Pemberton, S. X. (2015). Criminal Justice as State Racism: Race-Making, State Violence, andimprisonment in the USA, and England and Wales. New Political Science37(3), 321345. https://doi.org/10.1080/07393148.2015.1056429

Renshaw, A., & Suárez, E. (2009). Violent Crime and Prisons : Population, Health Conditions

and Recidivism. New York: Nova Science Publishers, Inc. Retrieved fromhttp://libdatab.strayer.edu/login?url=https://search.ebscohost.com/login.aspx?direct=truedb=nlebk&AN=340178&site=eds-live&scope=site

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