Pursuing criminal justice outline

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Pursuing criminal justice outline

Any views expressed are those of the author and are not attributable to any government or organization. This has had a dramatic impact on many aspects of life and society and law enforcement is no exception. The technological explosion and the growth of transnational organized crime and the response of the international community to it, has created many new challenges, not the least of which is the impact on the jobs of law enforcement authorities.

In a case, United States of America v. Cotroni, the Supreme Court of Canada, made the following statement: The investigation, prosecution and suppression of crime for the protection of the citizen and the maintenance of peace and public order is an important goal of all organized societies.

The pursuit of that goal cannot realistically be confined within national boundaries. That has long Pursuing criminal justice outline the case, but it is increasingly evident today. Criminals depend heavily upon the barriers of sovereignty to shield themselves and evidence of their crimes from detection.

Organizations which orchestrate transnational crime and which then disperse and conceal the proceeds of their illicit activities the world over, have no regard for national borders.

Pursuing criminal justice outline

In fact, by structuring their organisations to span borders, they are better able to protect their interests and organisations. They are positioned to take advantage of the differences between legal systems, the clash of bureaucracies, the protection of sovereignty, and, at many times, the complete incapacity of nations to work together to overcome their differences.

International cooperation in criminal matters, means such as mutual assistance and extradition are instruments which can be used to overcome the barriers of sovereignty and allow the international community to "fight back".

Both extradition and mutual Pursuing criminal justice outline assistance are 'about' countries building bridges to overcome the differences in their legal systems and assisting each other in law enforcement matters. The result is that the rare case where assistance from another country was necessary to gather evidence or locate and return an accused is no longer rare.

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More and more successful prosecution, particularly of drug economic Crime and money laundering cases, is dependent upon the assistance and cooperation of other states. International cooperation in criminal matters has on a practical level, come of age. The purpose of this paper is to provide a brief overview of the world of international cooperation as it relates to prosecutors and other law enforcement authorities.

The intent is to give a brief "snapshot" of where we have been, where we are and the future challenges that we face. International cooperation in criminal matters encompasses many measures including extradition, mutual assistance, transfer of sentenced prisoners, transfer of proceedings, and cooperation in the restraint and forfeiture of proceeds of crime.

This paper will focus on three of the most common aspects of international cooperation, those which most directly impact on the work of prosecutors - extradition, mutual assistance and cooperation in the restraint and forfeiture of proceeds of crime. It is a concept which originated in ancient societies such as the Egyptian, Chinese, Chaldean, and Assyro-Babylonian.

In ancient times and in fact up until the early 's, extradition was directed almost exclusively to the return of fugitives sought for political or religious offences.

Extradition was viewed as a means to protect the political order of states. In modern times, particularly the last hundred years, the focus of extradition has changed completely to common serious crime, which in many ways has replaced political offences as a major challenge to the stability of nations.

In fact, quite ironically, political offences, the original focus of extradition are now generally excluded from extradition regimes. Despite its long history and ancient roots, the practice of extradition has seen its most radical development in the last 50 years.

Driven by the intersection of amazing advancements in global travel and the rise of criminality spanning borders, extradition, particularly between countries with vastly different legal systems, has changed substantially.

On the eve of the millennium, the further enhancement of extradition relations and practices is a priority, for many countries and a number of international organisations. While historically controversial, it is the generally accepted view today, at international law, that there is neither a legal nor moral duty upon states to extradite, in the absence of a specific binding agreement to that effect.

While civil law countries are not generally as restricted in principle to treaty, based extradition, they too have entered into such arrangements, particularly with states whose domestic law mandated such a relationship. The result is that historically and even today, most countries have at least some bilateral extradition treaties and this remains the predominant and still, for many states, the exclusive basis for extradition.

And it is this reality, which has led to a trend toward alternative bases for extradition. The following is a brief overview of the network of instruments that ground modern extradition, as well as alternative approaches to treaty based relations.

Even today, there continues to exist a vast web of bilateral extradition instruments particularly flowing from the commitment of the United Kingdom, other Commonwealth States and the United States to treaty-based relations. By example, in the 's, the United Kingdom negotiated several extradition treaties which were applicable to many of its realms and territories.

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For many years, even as those colonies attained independence, they continued to rely on the old Imperial treaties for extradition relationships, with many states. Some still do so today. Similarly, the United States has long required a treaty for extradition and thus has developed a broad network of bilateral instruments to govern extradition relations.

While other legal systems may not have evidenced the same strong commitment to bilateral treaty, relations, many non - common law states have a number of bilateral extradition treaties with other states. The result is that bilateral treaties still dominate extradition practice, although there is an increasing tendency for states to consider alternatives because of the practical and political realities, and the problems of negotiating inPidual instruments to govern extradition relations with an ever-expanding world community.

These have become a popular alternative for many states. While some arrangements have historic routes, for example, rendition amongst British possessions, such agreements and schemes saw a particular period of growth in the 's and 60's.The Department of Criminal Justice merges the liberal arts and professional studies into a well-balanced curriculum.

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