Globalization has caused massive opportunities for criminals to extend their business. Since the Cold War the global governance has failed to keep up with the pace of economic globalization. Economic globalization has opened up to trade, finance, travel, and communications. This is good for the United States as far as the economy is concerned. The criminal justice system has more crimes to deal with that expand beyond their borders because of globalization.
Transitional organized crime has made its way to the international agenda recently. The United Nations High-level identified transitional organized crime as a threat the world should be concerned with. Organized crimes include trafficking drugs, firearms and people, maritime piracy, and cybercrimes. Transporting these items internationally presents a problem for officers of the law. Their jurisdictions stop them from investigating and arresting suspected offenders. Law enforcement officials conceive the TOC as groups of people because of the tools they possess can they can only arrest and seize individuals. Law enforcement does not have enough tools to make arrests as they should (United Nations Office of Drugs and Crime). These global crimes are hard to resolve because like conventional crimes these are victimless. Citizens rarely report organized crimes to police so they have to gather all information themselves. Some agencies fall short in mandate and capacity and can not resolve these global crimes.
The world ahs three major legal systems Civil, common, and Islamic law. Civil law originated in the Roman Empire and extended to Europe (Glenn200, 119). When the empire declined so did its legal system. In the 11th to 13th centuries Rome revised the European system. The revision gave key legal codes that influenced Europe and other colonized territories (David and Brierley, 1985). Common law came from the British Isles following the military conquest of England from the Normans (Glenn 2000: Whincup, 1992). The Normans introduced the institution of jury and the absence of the written letter of the law. Common law is laws that are known widely but may not be written down just common sense laws. Stare decisis is an important feature that developed from common law. British colonies adopted the common law as the law of the land. Islamic law came about in the seventh century when Islam was born (Mourisi Badr 1978, 187). With the spread of Muslim religion so did Islamic law. It spread to the Central Asia and Middle East. Islamic law is based on religious principles of human conduct (Al-Azmeh 1988: Khadduri 1956: Lippman, McConville, and Yerushalmi, 1988).
These laws have three major differences Stare decisis, bona fides, pacta sunt servanda. Stare decisis means the use of precedents when making legal decisions. This is found in common law system but not in civil and Islamic law systems (Opolot, 1980). Stare decisis allows judges to look back at past cases and make their judgment based on the outcome of the past case (Darbyshire, 2001). Stare decicis forms a precedent that is to be used from that moment forward (Opolot, 1980). In civil law system judges are not to look back at past cases to render their decisions. Civil law systems give their legislatures the power to make laws not to judges. Judges in this system makes their decisions based on legal codes, laws, and statues. Each case that a judge hears is treated as an individual incident without precedent. In the Islamic system the Qur’an, the Sunna, judicial consensus, and analogical reasoning are the basis for judges to make decisions (Vago, 2000). Bona fides means good faith or that a person must keep their word when they enter into a contract. Civil law systems use good faith and it has affected the law tradition. The civil law systems believes that bona fides is an important part of the legal family and is one of the most important abstract rules (Powell,...