Running Head: EXAMINING TRAFFICKING AND TERRORISM
Examining
Trafficking and Terrorism:
A
3 Country Study
Tammy
Whitley
Kaplan
University
CJ343:
Comparative Justice Systems
Professor
Natalie Sheldon
May
8, 2010
Mr. President, Sir, as you needed information on 3
countries and 2 main crimes, I have concentrated my research on those
particulars in an effort to be concise and use our resources effectively.
Although terrorism covers a very large area, in both domestic and foreign, we
will look at mostly international and/or transnational. Also, since trafficking
can apply to both humans and drugs, we will look at all trafficking, since
these issues are both so huge and the differences between them are so small,
the need to differentiate is negligible.
First up is France, which uses a tripartite distinction
of offenses, based on seriousness, namely crimes, misdemeanors, and violations.
Crimes can incur a 20 year sentence, as opposed to misdemeanors, which can
incur a 5 year sentence. The age of criminal responsibility is fixed at 18
years of age. Victims' Rights Legislation has led to the offender being made to
compensate the victim for losses. A law of September 9, 1986 provides for the
compensation of victims of terrorist acts. A special squad of administrative
police, the Intervention Group of the State National Police (Groupe
d'Intervention de la Gendarmerie National) was created for anti-terrorist
operations and works in conjunction with the administrative police, the
municipal police and the State police. Suspects can be kept under supervision
for 24 hours, or in the case of drug trafficking, drug use, and terrorism
cases, this increases to 48 to 96 hours. The law of August 24, 1993 guarantees
that after 21 hours under observation, suspects have the right to request an
attorney and the right to inform the family of the detention. The accused has
the right to a self-obtained lawyer or to a lawyer chosen by the State. The
accused also has the right to appeal the judge's decision. The accused has the
right to be compensated for abusive custody. There
are two procedural stages preceding trial. In the police stage, the police conduct a preliminary investigation under the direction of the public prosecutor. The judiciary stage can be initiated by either the Public Minister or the victim, although the Public Minister studies the legalities involved in the charges and prosecutes the suspect. The Public Minister decides whether the case should be brought before a judge (15%) or be disposed of alternatively (85%). The Public Minister can prosecute a suspect. Suspects are not allowed to plead guilty. The sentence is determined by the court. The judge that sets the punishment also decides how the punishment will be carried out. A life sentence in prison is often given as punishment to the crimes of murder, assassination, parricide, poisoning, attack upon State security, and counterfeiting. The death penalty was repealed by the law of October 9, 1981. Prisoners with life sentences can also obtain parole. The total reduction of sentence cannot exceed 20 days or a month per year of incarceration. Bilateral extradition agreements exist with the United States, among many other countries. Other pertinent amendments/agreements/treaties include the Agreement on the repression of illicit drug traffic, signed June 26, 1936. Protocol of December 11, 1946; Agreement on the trade of humans and prostitution of others, signed December 2, 1949; Strasbourg agreement (terrorism repression), signed January 27, 1977; and most recently, Vienna agreement against illicit traffic of drug and psychotropic substances, signed December 20, 1988.
are two procedural stages preceding trial. In the police stage, the police conduct a preliminary investigation under the direction of the public prosecutor. The judiciary stage can be initiated by either the Public Minister or the victim, although the Public Minister studies the legalities involved in the charges and prosecutes the suspect. The Public Minister decides whether the case should be brought before a judge (15%) or be disposed of alternatively (85%). The Public Minister can prosecute a suspect. Suspects are not allowed to plead guilty. The sentence is determined by the court. The judge that sets the punishment also decides how the punishment will be carried out. A life sentence in prison is often given as punishment to the crimes of murder, assassination, parricide, poisoning, attack upon State security, and counterfeiting. The death penalty was repealed by the law of October 9, 1981. Prisoners with life sentences can also obtain parole. The total reduction of sentence cannot exceed 20 days or a month per year of incarceration. Bilateral extradition agreements exist with the United States, among many other countries. Other pertinent amendments/agreements/treaties include the Agreement on the repression of illicit drug traffic, signed June 26, 1936. Protocol of December 11, 1946; Agreement on the trade of humans and prostitution of others, signed December 2, 1949; Strasbourg agreement (terrorism repression), signed January 27, 1977; and most recently, Vienna agreement against illicit traffic of drug and psychotropic substances, signed December 20, 1988.
Now, we look to Iran. The government
in contemporary Iran is a theocratic dictatorship. Islamic law is
strictly enforced in Iran, as mentioned by Milani (1992). This legal system derives its legitimacy from the mandate of Allah, as
opposed to deriving it from those governed, as written by Sayeed (1990). It is
predicated, in part, “on the principle of “the Justice of God in creation and
legislation”, according to the Constitution of the
Islamic Republic of Iran and its existing Code of Criminal Procedure. Penalties for
possession, use, or trafficking in illegal drugs in Iran are severe and
convicted offenders can expect long jail sentences and heavy fines. Iran
executes many people each year on drug-related charges. As researched by Christopher
Buck, Ph.D., J.D. (2010), “As a general rule, Islamic jurisprudence
does not recognize the primacy of rights that exist under Western legal
systems, but stresses the paramount importance of duties under Islamic
religious law”. Thus, the usual rules do not apply. “The entire notion of
‘justice’ under Islamic law is radically different from the prevailing notions
of justice under Western systems of criminal law and procedure”, according to
Buck (2010). The application of the divine laws is the basis of their criminal
justice system. The judge serves as prosecutor, judge and jury, as well as
arbiter. These persons are “mostly clerics with no, or little, knowledge of
legal matters, and for this reason they are rarely satisfied with the presence
of defense counsel in their proceedings”, according to Buck (2010). In 1988 a
right of appeal was provided. Also, as found by Buck, “By 1981, the Iranian
judiciary was purged of judges who had been trained in law schools. Trained
jurists were replaced by untrained seminary graduates and students, as well as
by political appointees. By law, Iranian judges today are only required to have
a high school diploma.” A Revolutionary
Court would be the arena for any “crime against the domestic or foreign
security of the Islamic Republic of Iran and corruption on earth; Any
conspiracy or plot against the Islamic Republic of Iran or any armed uprising,
terrorism or demolition of public buildings or facilities with the aim of
confronting the Islamic government of the country; and Drug trafficking or
related crimes”, among others. Therefore, terrorism and trafficking would
certainly be found here. According to Buck (2010), “Provision for capital punishment
in case of acts of espionage and treason is based on the tenet that forfeiture
of the life of the spy or traitor will serve as a deterrent to those who may
thereafter be tempted to commit similar acts”. Consequently, it is important to
establish guilt, as punishing the wrong person would be an inherent injustice.
No formal pre-trial indictment process exists, and the explanation of the
charge is regarded as the indictment itself. In crimes involving national
security, “the presence of the lawyer during the investigative stage takes
place with the permission of the court.” Article 128 allows the judge to
basically do whatever he deems just. Article 25 states “The Islamic Shari‘ah is
the only source of reference for the explanation or clarification to any of the
articles of this Declaration”.” This Declaration does not provide any legal or
diplomatic recourse for violations under any of its (presumably inviolable)
provisions.”
Now, on to our last review, Canada, which has a Criminal
Code which states, in part “anything done by a court, justice or judge is
effective from the moment it is done, whether or not it is reduced to writing.”,
according to Part 1 General 3.1. Section 279.01 addresses human trafficking and
allows for punishment of up to 14 years, unless it involves kidnapping,
aggravated assault, aggravated sexual assault or death, whereby a sentence of
life imprisonment is the maximum penalty. As seen in drug offenses penalty
chart, composed by Ron Jourard, drug trafficking charges are quite complicated,
with mandatory sentences applied to offenses and varying from 3 years for
trafficking in barbiturates or anabolic steroids to life imprisonment for
several serious offenses, including importing/exporting heroin,
cocaine, marijuana or hashish, as well as trafficking in marijuana or hashish
or possession for the purpose of trafficking (3 kgs. or more). If, however, the
amount is up to 3 kgs., the penalty is 5 years less a day. As of 1998, Canada
has completely abolished the death penalty, even for the worst of criminals.
Terrorism has been responsible for Canada’s updates to its Criminal Code via
the Anti-Terrorism Act, fast-tracked into place on Dec. 18, 2001. In a report
by CNC News (2007), details about some of the new powers explain the ability to
arrest without a warrant and the ability to hold suspects for up to 72 hours if
police believe a terrorist act may be committed. This same report explains how
it also allows for sentences from 10 years for collecting or providing funds to
carry out terrorist crimes to 14 years for facilitating the activities of a
terrorist group. A “leadership” offense, instructing anyone to
carry out a terrorist act or an activity on behalf of a terrorist
group carries a life sentence.
So, in summary, Mr. President, most countries agree that
these serious offenses be met with serious consequences. From France, who gives
life imprisonment for murder and prison sentences for drug offenses, to Iran,
where it is a good guess that death will be meted out for death, as well as for
lesser crimes, such as drug trafficking, as noted by the U.S. Department of
State, as these are seen as serious crimes in Iran, to Canada, where again,
life sentences can be imposed for both of these crimes. All told, France and
Canada prefer imprisonment, whereas Iran prefers death sentences. This is an
over-simplification, of course, just to enable a quick insight into their
enforcement of policies. The suspects are afforded more personal civil rights
in France and Canada, with emphasis placed on due process, whereas Iran places
the emphasis on equality-based judgment, (garnered from the Holy Word according
to Allah), which is dispensed by clerics.
References
Borricand, J. (n.d.) World
Factbook of Criminal Justice Systems in France. Retrieved May 7, 2011 from http://www.police.online.fr/lawfr.htm
Buck, C., Ph.D., J.D. (February 6, 2010). Iran Press
Watch, The Trial of the Yaran under
Iranian Criminal Procedure: “The Justice of God” or Procedural Injustice?
Retrieved May 7, 2011 from http://www.iranpresswatch.org/post/5459
CBC News In Depth, Feb. 27, 2007. Canadian Security Anti-Terrorism Act. Retrieved May 7, 2011 from http://www.cbc.ca/news/background/cdnsecurity/
Constitution of the Islamic Republic of Iran, as
retrieved May 8, 2011 from http://www.iranonline.com/iran/iran-info/government/constitution.html
Daraeizadeh, B. (November 2010). Iran
Human Rights Documentation Center. Legal
Commentary: A Look at Criminal Procedure in Iran. Retrieved May 8, 2011
from http://www.iranhrdc.org/files.php?force&file=pdf_en/LegalCom/A_Look_at_the_Criminal_Procedure_in_Iran_723383586.pdf
Iran
Country Specific Information (n.d.) at Travel.State.Gov, a service of the
Bureau of Consular Affairs, U.S. Department of State. Retrieved May 8, 2011
from http://travel.state.gov/travel/cis_pa_tw/cis/cis_1142.html#crime
Jourard, R.
(n.d.) Criminal Offense Penalty Chart, Drug Offenses. Retrieved May 7, 2011 from
http://www.defencelaw.com/penalties-drugs.html
Milani, F. (1992) Veils and Words: the Emerging Voices
of Iranian Women Writers Syracuse Univ Pr (Sd) (June 1992) Retrieved May 8,
2011 from http://www.lotsofessays.com/viewpaper/1687284.html
and
No comments:
Post a Comment