The justice system varies from one country to another due to the difference in laws as well as sovereignty. Different countries enjoy different rights as a result of their jurisdiction, hence have different laws, which in turn result in the difference in justice systems. However, across the globe, there are international laws that apply to every human being, thus the presence of the ICC, which is responsible for administering justice in the event of mass crimes against humanity. There are various forms of crimes and justice systems such as domestic, transnational as well as trans-international. The aim of this paper is to, therefore, discuss the multiple crimes and justice systems, which will also entail comparing the difference between transnational and trans-international crime and justice between the United States and another country such as Sweden.
Domestic crimes refer to the crimes that are committed within a certain country or jurisdiction. For instance, In the United States, some of the domestic crimes include homicide, robbery, aggravated assault, burglary, forcible rape, arson and larceny-theft. Depending on the state in which the crime is committed, different punishments under the law are applied. The United States of America is known for criminal sentencing, which is guided by different forms of punishments such as retribution, deterrence, incapacitation as well as rehabilitation (Spohn, 2000). Domestic crimes committed by rapists, murders, psychopaths as well as kidnappers are incarcerated to be kept away for the society as well as rehabilitated to correct their behavior. The law has put in place these forms of punishments in an attempt to reduce domestic crimes rates as well as promote good conduct among American citizenry (Flowers, 2000). Therefore, domestic crimes are only punishable within the jurisdiction in which the crimes have been committed, which means crimes committed in the United States are only punishable by the American justice system (Flowers, 2000).
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Transnational crime refers to an instance in which a criminal act is committed that involves more than a single country in one way or another. For instance, if a criminal plans a crime in one country and executes it in another, which ultimately affects a third country, then that criminal is liable to answer to all three countries’ by international law. This also means that a person cannot commit a crime in one state or country and seek refuge in another since governments are working together to fight transnational crime (Marmor & Chazal, 2016). An example of a transnational crime is drug trafficking such as the growing of opium poppy in Afghanistan and transported to another country. The people involved in the trafficking even if they do not actively transport the illicit drugs have committed a transnational crime and can face the law of the either of the countries involved. Another example of a transnational crime is that of counterfeiting, where an individual, criminal group or even a government illegally produces another country’s currency for profit. If a person belonging to a different country, say North Korea, is caught producing the U.S dollar illegally then they can face the United States law and be punished for the same by serving jail time (Marmor & Chazal, 2016).
Trans-international crime refers to those crimes that are committed against humanity that is punishable by the highest court globally, which is the ICC. For instance, if a leader perpetrated mass killings of his/her citizens, then that leader has committed a crime against humanity and is liable to answer to the whole world, thus goes before the ICC. An example of an incident that was considered a Trans international crime was the post-election violence that occurred in Kenya, which saw the new president Uhuru Kenyatta go before the ICC. Trans international crimes do not necessarily have to involve people form a different country, but are punishable by the ICC since the crimes are grave enough to affect negatively, people across the globe.
The differences in transnational crimes and justice between the U.S and Switzerland
While in the U.S. in the event a transnational crime is committed, a witness to the crime enjoys the following privileges
Police and informant
Physician and patient
attorney and client
clergyman and penitent
some trade secrets and commercial or financial information may be confidential, privileged or except from disclosure, in accordance to the Freedom Of Information Act
Therefore, in the United States, witness privileges appear to apply more on a personal level (International Criminal Law Seminar, & Atkins, 1995).
In Switzerland, when a transnational crime is committed, a witness to the crime enjoys the following privileges
bank and client
corporate officers and shareholders
parents and children
business and manufacturing secrets
corporate auditors and shareholder
Therefore, in Switzerland, witness privileges appear to apply more on an organizational level (International Criminal Law Seminar, & Atkins, 1995).
In the event of criminal prosecution, the U.S is given equal status with the Swiss authority in obtaining access to banking records whereas in the event of In the event of criminal prosecution, Switzerland is not given equal status with U.S authority in obtaining banking record. Due to the privileges of the Freedom of Information Act, witnesses can be used to shield transnational criminals residing in the U.S. However, a lack of mention of witness privileges provided by the Freedom of Information Act in Switzerland exposes Swiss criminals to the possibility of facing law of other counties since their witnesses cannot protect them.
The U.S is mostly affected by the transnational crime of counterfeiting since many people, criminal groups and even governments illegally produce the U.S dollar since it has high value. Therefore, people produce it in order to make profit. An example of a country known for counterfeiting the U.S dollar is North Korea. Whereas Switzerland is mostly affected by the transnational crime is money laundering since certain banks in Switzerland do not probe into account owners, their whereabouts or even how much or where the money in their accounts come from. Therefore, criminal such as drug lords have secret offshore accounts in the country to avoid taxation and questioning of abnormal banking activities (Muller, Kalin, & Goldsmith, 2007).
If the U.S wards a request for search or seizure of a transnational criminal situated in Switzerland but has committed a crime in the U.S, the Swiss government forwards the application to the proper Cantonal authority for decision normally done by an examining magistrate. However, if Switzerland wards a request for search or seizure of a transnational criminal situated in the U.S but has committed a crime in Switzerland, the U.S government goes to the relevant law body for the approval of the same, which is normally a court of law depending on the nature of crime committed
Lastly, despite the differences with regards to transnational crime and justice, the U.S and Switzerland, the two counties have various similarities as well. For instance, both countries comply with international law in an attempt to curb transnational crime across the globe. Therefore, both countries assist each other as well as other countries in the cause by ensuring matters such as extradition are made possible. An example of a way in which cooperation between counties is the existence of treaties such as the one that exists between the U.S and Switzerland, which is aimed at fighting transnational crime. For instance, if a person is caught committing fraud in Switzerland but lives in the U.S the treaty allows for Switzerland, with observation to the terms of the treaties, to request for the search and seizure of such a person without the U.S causing any obstruction of justice in favor of the criminal. Regardless of the differences in justice systems across the globe caused by rights and privileges offered by jurisdiction, international law exists to ensure everyone observes the law irrespective of who they are or where they are from. Cooperation of countries is required to fight transnational as well as trans-international crime, thus the significance of international law amidst individual domestic law.
References
International Criminal Law Seminar, & Atkins, R. D. (1995). The alleged transnational criminal: the Second Biennial International Criminal Law Seimar. Hague, The Netherlands: Martinus Nijhoff.
Flowers, R. B. (2000). Domestic crimes, family violence and child abuse: A study of contemporary American society . McFaraland.
Marmor, M., & Chazal, N. (2016). Transnational Crime and Criminal Justice . Sage.
Muller, W. H., Kalin, C., & Goldsmith, J. G. (2007). Anti-money laundering: International law and practice . Chichester, England: John Wiley & Sons.
Spohn, Cassia. “Thirty years of sentencing reform: The quest for a racially neutral sentencing process.” Criminal Justice 3(2000): 427-501.
