Tuesday, May 5, 2020

Law of Criminology and Criminal justice †MyAssignmenthelp.com

Question: Discuss about the Law of Criminology and Criminal justice. Answer: Introduction Since ancient times, politics has been the driving force of the human civilization, its customs and its survival along with its right hand, the law. Politics can be defined as the method that involves the various processes by which a nation or a country and its people can be governed by a single ruling party after several sessions of debate and a majority poll by the people of a the democratic republic. When such a party takes it upon itself to govern a nation, it needs a string of stringentlaws to manage peace and order. Laws can be defined as a system that is developed in such a way that each and every action of the individual living in a country is monitored, checked and regulated. If such a system is broken by a single being, then that person is bound by the country and its legislations to get penalized and punished for the breach of the standardized code. By the above discussion, it is now clear that all laws are authorized by the ruling political party itself and also has a strong grasp on the criminal justice system as well. Since such parties have to get along with other entities like the media, other parties, its donors and several business organizations, they sometimes have to take justice for themselves at almost every level of Criminal Justice as analyzed in this report. Selection of Decision Makers Judges are the key decision makers in a court oflaw or a legal justice system. The judges are selected by ether a polling process or by directly being appointed by a higher authority (Luban, 2013). Either way, their appointment is always directly or indirectly linked to the political system. If we suppose the selection process is that of polling, then, the decision is solely based on the fact that if the candidate is popular or not. Such populism may directly be linked to how a candidate is shown to the voters. Even if the candidate is not actually appealing by character but acts impressionable and righteous in front of the voters, they will get the attention (Akhavan, 2013). Politics in Creation of Laws Members of the Congress and often the legislation of the state play a huge role in passing and amendment of laws (Baylis et al, 2017). Such members have their affiliations to a certain party and a standing in the society, hence, not all their decisions are based for the sole purpose of welfare of the public, but to benefit political interests and selfish reasons. Such situations are most common when media is hysterical or public goodwill is needed during pre election campaigns. Political involvement of Persecutors Persecutor appointment is done on both state and federal levels. Such attorneys when appointed, in order to further their careers have to have some attachment to the strings of politics (Cliffsnotes.com, 2017). In order for them to not suffer a loss and get reappointed when need be, such attorneys need to support politics actively whenever necessary. Often, when it comes to advancement in career opportunities, prosecutors ignore the impartiality of a righteous judgment and take consideration in political lines, thinking otherwise to favor a selfish case (Daily Kos., 2017). The International Court of Justice The International Court of Justice is the most primary judicial branch of the United Nations the court settles legal disputes submitted to it by states and provides advisory opinions on legal questions submitted to it by duly authorized international branches, agencies, and the UN General Assembly. Few of the many aims and purposes of an international court of justice are to: Decide disputes of a justifiable nature that is to say, disputes which can be submitted to a court and be determined by principles of justice expressed in rules of law, which may and must of necessity arise between and among nations. To enable the court to act and to bring forth the fruits of justice, an agreement of the nations is required that such disputes shall at their beginning and before they assume political importance be automatically submitted to the tribunal. The International Court of Justice is an established tribunal that maintains law and order and settles various disputes; a couple of them would be ICTY and ICTR ICTY: The tribunal was established by Resolution 827 of the UNS Council, which was passed on the 25th of May 1993. It has jurisdiction over four clusters of crimes committed on the territory of the former Yugoslavia since 1991: grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crimes against humanity. The maximum sentence it can impose is life imprisonment. ICTR: was a tribunal established in November 1994 by the UNS Council in Resolution 955 with the aim to judge people responsible for the Rwandan Genocide and other serious violations of international law in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. By discussing the above practical examples, it can be seen how law and order can be and is present even when there are extreme political barriers and how justice is still relevant for guiding humanity. Both the above tribunals were formed to stop crimes of these particular countries after revolution. Judges and Political Influence It is the duty of a judge to make decisions that are righteous and impartial, but in some cases, such decisions can be hindered when politics comes in play (Kahler, 2015). There are cases when political leaders might deny judgeship to a person based on decisions they made that the political parties might not have been in favor of. Such members might ridicule judges over media to unseat them. Conclusion Hence, by the facts stated in and analyzed in the given report, it can be stated that since it is obvious that law and the people involved in the process of taking lawful actions against criminal offences are all either connected or selected by the political party, the president, the governor, the congress or the senate, it can be rightfully stated that in the case of Criminal Justice, since the start of democracy and even before was directly or indirectly influences by actions that were taken to benefit politics or to favor a party or an individual so involved. However, the few examples stated above also throw light on the fact that justice is still worth striving for and how few of the international bodies have done so over the years. They are an ideal model and our aim should be to emulate that in the field of international criminal justice. References Akhavan, P., 2013. The rise, and fall, and rise, of International Criminal Justice.Journal of international criminal justice,11(3), pp.527-536. Anon, (2017). [online] Available at: :https://www.capitalregionlawyers.com/ [Accessed 16 Oct. 2017]. Baylis, J., Owens, P. and Smith, S. eds., 2017.The globalization of world politics: An introduction to international relations. Oxford University Press. Bosco, D., 2013.Rough justice: The International Criminal Court in a world of power politics. Oxford University Press. Cliffsnotes.com. (2017).The Politics of Criminal Justice. [online] Available at: https://www.cliffsnotes.com/study-guides/criminal-justice/the-criminal-justice-system/the-politics-of-criminal-justice [Accessed 15 Oct. 2017]. Daily Kos. (2017).The Ways Politics Influences Criminal Justice. [online] Available at: https://www.dailykos.com/stories/2015/12/13/1459761/-The-Ways-Politics-Influences-Criminal-Justice [Accessed 14 Oct. 2017]. Findlay, M.J., 2013.Governing through globalised crime: Futures for international criminal justice. Willan. Kahler, M. ed., 2015.Networked politics: agency, power, and governance. Cornell University Press. Lamont, C.K., 2016.International criminal justice and the politics of compliance. Routledge. Luban, D., 2013. After the honeymoon: reflections on the current state of international criminal justice.Journal of International Criminal Justice,11(3), pp.505-515.

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