By: Alysia Pietrangelo
CJ509: Comparative Criminal Justice Systems
September 1, 2011
With so many different cultural and historical perspectives, it can change the way the criminal justice system works. Two types of criminal justice systems in which bring a lot of historical and cultural perspective include Iraq and Italy. Both countries also have legal tradition in which help in the way the criminal justice system works. In addition, both politics and legal issues can also cause the criminal justice system to change. However, the answer to the question relies on how this all does play in to the criminal justice systems for both Iraq and Italy.
Beginning with Iraq, there was many historical and cultural perspectives which help pave the way the way of the criminal justice system. Arab ruled during the medieval period and has a lot of emphasis on the modern Iraq. Since Arab is most dominating when it comes to culture, most of them are Muslim. There are two groups, the Sunnis and the Shias (Shiites). The Sunnis which are found in Islam, while are a minority in Iraq are Shias. Shia and Sunni Muslims have one common factor, loyalty. As though the Arab culture has gone through many changes, they do also focus on a belief in a pro-Arab nationalism. Therefore, the historical and culture perspectives have helped with the influence of the justice system in Iraq.
However, when it comes to any social problems or control, the head of formal judicial systems it the Court of Cassation; they highest court in the country. There are many levels of court, while all judges are government-appointed. Much of the disputes are handled by the religious community courts, based on the Islamic law. In addition, the majority of the crimes do carry swift punishments for the crimes committed. The courts trials are not very long and do end with a severe sentence. So how does the religious community of beliefs fit in with the laws in Iraq?
The beliefs and laws of Iraq begin with the religion of allegiance to God and the prophet of Mohammed. The prophet was mediated by the Koran. The Islam meaning is “entering into a condition of peace and security with God, through allegiance or surrender to him”. Therefore, the Koran updates and expands the Old and New Testaments, which contains 114 chapters. It also contains many moral exhortations, forming the basis of Islamic (sharia) law. About 90% of the world’s Muslims are Sunni, and about 10% Shia. They live by their beliefs and laws by embracing every aspect of life, including family relations, inheritance, taxation, purification and prayer. Muslims also do not observe any distinction between secular and religious laws (The beliefs, 2002).
As Muslims show no distinction between secular and religious laws, no God does exist. Therefore, God is the myth and natural law is legal fictions, humans are to reason what is legal. The ones who determine the law are those who are in power and in creation of all laws; depending on the crime, depends on the how the law is dictated (“Secular law”, 2011). So how does the Islamic justice system work when it comes to facing the crime and punishment?
Within the Islamic criminal justice systems they want to make sure the protection of all individual rights, criminal responsibility to the crime and punishment to be involved. Islamic law conforms to international conventions and to the protection of all human rights; however laws such as how they perform cruel and unusual punishment seize to exist by providing flogging (being beaten with a rod or a whip straight to the backside) and the amputation of hands and feet.
In Iraqi, the Islamic law is used a distinct basis. The prosecutor and the judge basically switch roles, unlike in the United States. The prosecutor will be the like the administrative official who reviews the case file for completeness and to provide recommendations to the...