CRIMINAL JUSTICE SYSTEM OF USA, NORTH KOREA AND SAUDI ARABIA

 

CRIMINAL JUSTICE SYSTEM OF THE USA, NORTH KOREA AND SAUDI ARABIA

 Written By: Kaushaki kumari

4th Year BA LL.B.(H)

DR. CV RAMAN UNIVERSITY

Edited By: Jain Divya Lalit

4th Year B.L.S.LL.B.

MGM LAW COLLEGE, NAVI MUMBAI

TABLE OF CONTENTS

 

I. Introduction: Criminal Justice System Around The World

 

II. Back Ground Of Criminal Justice System: Back Ground Of the Criminal Justice System In North Korea, Saudi Arabia And the US.

 

III. The Legal System Governing The Criminal Justice System

 

IV.  Importance Of Human Rights In the Criminal Justice System

 

V. Short Fall In Criminal Justice System Of North Korea, Saudi Arabia And Usa And Its Solutions.

 

VI. Conclusion

 How Human Rights Are Violated In The Criminal Justice System Of USA, North Korea And Saudi Arabia.

 

INTRODUCTION

 

The criminal justice system is a complicated web of rules, regulations, and institutions created to uphold public safety, enforce the law, and provide victims and offenders with justice. It is an essential part of any well-functioning society, and various nations have created their own distinctive criminal justice systems to deal with regional issues and cultural norms.

The legal system of a nation is a significant factor that affects its criminal justice system. Common law systems, which determine guilt or innocence through judicial precedent and the adversarial process, are used in some nations, including the United States and the United Kingdom. Others employ a civil law system that is based on codified statutes and the inquisitorial procedure, like China and France. Islamic nations employ a Sharia law framework that is based on Islamic scripture and religious authorities in places like Saudi Arabia and Iran.

Another crucial factor in the criminal justice system is human rights. Individual rights like the right to a fair trial, the right to legal representation, and the right to be free from cruel and unusual punishment are well protected in some nations, such as the United States and Europe. Human rights violations are widespread in other nations like Saudi Arabia and North Korea, and the criminal justice system is frequently employed as a means of political repression.

 

Overall, any functioning society must have a functioning criminal justice system. To address regional issues and cultural norms, various nations around the world have created their own distinctive criminal justice systems. Although these systems have many differences, they also share many characteristics that show a shared commitment to justice and public safety.

 

BACKGROUND OF CRIMINAL JUSTICE SYSTEM IN DIFFERENT COUNTRIES-

 

NORTH KOREA- North Korea operates under a huge authoritarian government with a centralized command frugality. The Criminal justice system in North Korea is heavily told by the country's political testament, with the government using the legal system to maintain control over the population. Trials are generally held in secret, and there's little regard for due process or fair trial rights. corrections for indeed minor offences can be severe, including long captivity terms or indeed prosecution. In addition, there are reports of wide mortal rights abuses in North Korean incarcerations, including torture, forced labour, and starvation.

 

SAUDI ARABIA- Saudi Arabia is an Islamic absolute monarchy with a legal system grounded on Sharia law. The country's Criminal justice system has been blamed for its lack of translucency and due process. Trials are frequently held in secret and defendants may not have access to legal representation or the occasion to defy their appellants. corrections for criminal offences can be severe, including public floggings, amputations, and the death penalty. The government has made some sweats to reform the justice system in recent times, including the preface of a new criminal procedure law in 2013.

 

UNITED STATES OF AMERICA-  The United States is a civil indigenous democracy with a complex felonious justice system that operates in both civil and state situations. The country's legal system is grounded on common law and the Constitution, with a strong emphasis on due process and individual rights. Trials are generally held in public, and defendants have the right to legal representation and the occasion to defy their appellants. corrections for criminal offences vary extensively depending on the inflexibility of the crime with options including forfeitures, imprisonment and the death penalty. still, the US Criminal justice system has been blamed for its ethnical difference and high incarceration rates, with numerous arguing that reforms are demanded to address these issues.

   

 

THE LEGAL SYSTEM GOVERNING THE CRIMINAL JUSTICE SYSTEM -

 

NORTH KOREA- The legal system in North Korea is grounded on the country's constitution, which was last revised in 2019. The Constitution outlines the rights and duties of citizens, as well as the structure of the government. The country's Criminal law, which was last revised in 2012, defines felonious offences and specifies the penalties for each offence. The felonious justice system is overseen by the Ministry of People's Security and the State Security Department, which are responsible for probing and executing felonious cases. Trials are generally held in secret, with little regard for due process or fair trial rights. The country also has a system of political captivity camps, where individualities can be transferred for political offences or perceived disloyal to the government.

 

SAUDI ARABIA-  The legal system in Saudi Arabia is grounded on Sharia law, which is the religious law of Islam. The country's Criminal law, which was last revised in 2018, outlines the offences and corrections for felonious conduct. The felonious justice system is overseen by the Ministry of Interior, which is responsible for probing and executing felonious cases. Trials are generally held in secret, with defendants frequently not having access to legal representation or the occasion to defy their appellants. corrections for felonious offences can be severe, including public floggings, amputations, and the death penalty. Recently in 2013, efforts were made to establish specialized courts and a new criminal procedure code.

 

UNITED STATES OF AMERICA- The legal system in the United States is grounded on the Constitution and a system of common law, with both civil and state laws governing felonious conduct. The country's Criminal law outlines the offences and corrections for felonious conduct, and the felonious justice system is overseen by colourful civil and state agencies, including the Federal Bureau of Investigation( FBI) and state police departments. Trials are generally held in public, with defendants having the right to legal representation and the  occasion to defy their appellants. The US legal system places a strong emphasis on due process and individual rights, including the presumption of innocence and the right to a fair trial. corrections for felonious offences vary extensively depending on the inflexibility of the crime and can include forfeitures, imprisonment, and the death penalty.

 

IMPORTANCE OF HUMAN RIGHTS IN THE CRIMINAL JUSTICE SYSTEM-

 

Human rights are essential in establishing a fair and effective criminal justice system. They give a frame for legal protections that are necessary for due process and fair trial rights, safeguard against abuse by the state and its agents, and help to ensure that the criminal justice system is effective in reducing crime and rehabilitating malefactors. A criminal justice system that respects and protects mortal rights promotes a sense of justice that's fair, unprejudiced and effective, while also establishing public trust in the system.

Overcoming human rights infringement within the criminal justice systems of nations just like the USA, North Korea, and Saudi Arabia may be a complex and multifaceted issue. One potential solution is to extend mindfulness and instruction around human rights and the importance of securing them. This could be done through campaigns, preparing programs, and outreach endeavours to communities and people included within the criminal equity framework.

 

Furthermore, executing responsibility measures, such as free oversight and examinations, can offer assistance to recognize and address instances of human rights infringement. Fortifying and upholding laws and controls related to human rights play a crucial part in avoiding future infringement. Eventually, overcoming human rights infringement within the criminal equity framework requires collective exertion from people, organizations, and governments to prioritize and secure the fundamental rights of all people.

 

 

PROBLEMS IN THE CRIMINAL JUSTICE SYSTEM AND WHAT IS THE SOLUTION-

 

NORTH KOREA- The justice system for Criminal suits in North Korea is characterized by a lack of due process, political influence and mortal rights abuses. One way to amend the system would be to introduce fair trial rights and due process protections for defendants, as well as lesser translucency in the felonious justice process. transnational associations should also be given access to cover the conditions in North Korean incarcerations to help mortal rights abuses.

 

SAUDI ARABIA- The Criminal justice system in Saudi Arabia has been blamed for its lack of translucency, due process, and harsh corrections. To ameliorate the system, the country could introduce legal reforms that give lesser protection for defendants' rights,  similar to the right to legal representation, a public trial, and the occasion to defy their appellants. The government could also consider rescinding the death penalty or at least limiting its use and icing that those doomed to death have access to legal counsel and the occasion to appeal their conviction.

 

UNITED STATES OF AMERICA- The criminal justice system in the United States has been blamed for ethnical differences, inordinate use of incarceration, and lack of recuperation programs. To address these issues, the country could introduce reforms similar to addressing sentencing differences, reducing obligatory minimal rulings and expanding access to recuperation programs for those in the criminal justice system. also, there could be increased backing for programs that address the root causes of crime, similar as poverty and internal health issues. Greater training for law enforcement officers in non-violent conflict resolution could also help to reduce the use of inordinate force by police officers.

 

CONCLUSION

The infringement of human rights could be a matter of incredible concern over the world, and it is especially articulated within the criminal justice systems of the Joined together States, North Korea, and Saudi Arabia. Within the US, racial profiling, police brutality and mass imprisonment of minorities are noteworthy human rights infringements. North Korea is infamous for its systemic manhandling, counting subjective detainment, constrained labour, and open executions. In Saudi Arabia, specialists seriously limit the opportunity for expression and affiliation, abuse detainees and subject ladies to efficient segregation.

 

The three nations have particular political frameworks and social foundations, but they all confront allegations of manhandling human rights in their criminal equity frameworks. The infringement has a significant effect on people's lives and they ruin the fulfilment of equity, reasonableness and balance in society. The worldwide community must work together to hold these nations responsible and weigh them to regard human rights. By doing so, we will make a world that maintains all people's respect and worth, notwithstanding their nationality or foundation.

 

REFERENCES

https://press.un.org/en/2022/gashc4369.doc.htm

https://www.washingtonpost.com/news/worldviews/wp/2015/02/09/the-facts-and-a-few-myths-about-saudi-arabia-and-human-rights/

https://www.hrw.org/world-report/2022/country-chapters/north-korea

https://www.justice.gov/usao/justice-101/federal-courts