Human beings are social animals. That’s why society functions correctly. There is a need for some basic rules and regulations to guide them towards the right path. Laws and social or religious norms reinforce people not to deviate from the given right track, and law enforcement agencies help them to achieve their goals. Let’s make an analysis of national and international criminal law.
There are two types of laws currently working side by side, international law and national laws, to maintain peace in the world. One of the significant threats to world peace is the growing crime rate. Criminal law is one of the devices by which societies protect the security of individuals and groups’ interests.
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Significance of Criminal law
Traditionally crime can be defined as an act that is morally wrong and inflicts harm on others. Criminal law is a branch of law that deals with criminal offenses and regulates the charging and trial of suspected persons. They also deal with other problems related to criminal offense cases like fixing penalties and mode of treatment to convicted offenders.
To deal with criminal cases, particular criminal lawyers are hired by the suspected person. Many law firms provide trained individuals in this field as Los Angeles criminal Lawyers is a firm that provides services in Los Angeles or anywhere in California for criminal offenses.
Sources of criminal law
The primary source of criminal law is the common laws of humanity. Some of the origins of the significant crime from the disruption in common laws like murder and theft are crimes that occur when an offender tries to break the basic common laws of society.
And when the offenses to common law gain high magnitude, which goes beyond the boundaries of humanity and states, then criminal law is called international criminal law. Which deals with severe atrocities like genocide, war crimes, crime against humanity, etc.
The procedure of criminal law
The criminal procedures are different in jurisdiction and process as there is no need to prosecute someone in criminal court if a person is cheating or lying in their sphere. But for the crimes that inflict harm on other individuals or groups of individuals, a proper prosecution procedure is there.
This begins with the formal criminal charge on the offender and afterward the investigation of a crime; if not proven guilty, a suspect can be freed on bail or, if proven guilty of the crime, can be jailed or fined. This procedure is carried out under the supervision of the superior court and fought by criminal lawyers. Criminal lawyers try to defend the convicted person and, if possible, try to lessen the offender’s sentence or probation.
Difference between civil law and criminal law
There is a stark difference between the magnitude of cases as civil cases are easier to sort out, and most of them can be solved by an adversarial system of dispute resolution. Both parties’ defense and prosecution prepare arguments to present before the court, and then the court decides which party is right and which one is wrong. For example, cases of inheritance issues, marital issues, etc., are dealt with by civil law.
On the other hand, cases related to serious crimes like murder, terrorism, hit and run, or drunk driving falls under criminal law. A unique bench of judges and trained criminal lawyers deals with such cases because to solve these cases, a different set of skills is required then the civil one as they deal with more complex and hideous crimes.
International criminal law
International criminal law deals with severe violations of international humanitarian law. International criminal law includes extra-territorial elements and deals with interstate issues or crimes like global water issues, war crimes, and acts of terrorism by foreign agents.
To process such a type of criminal case, the united nation established an international court of justice. Any member country can file a claim of a criminal offense against any other government or group. The International court of justice is prosecuting cases like genocide in Kashmir, Yemen’s humanitarian crisis, and other war crimes and cases of terrorism. International criminal law also deals with issues like the rights of refugees and exiles.
Cases of criminal law
Criminal law deals with many cases like drug cases, domestic violence cases, assaults, thefts, etc. The different circumstances require different institutions to support and train lawyers in that specific field. Even separate courts are sometimes formed to deal with various crimes.
For example, special narcotic courts are created to deal with drug cases in areas where drug-related crimes are present in high ratios. We can say that the percentage of criminal cases affects the criminal law and court system. Special regulations and courts can be introduced to counter the crime rate like special courts, and a national action plan was designed to deal with terrorism in Pakistan.
Role of Criminal lawyers
Criminal lawyers are one of the essential parts of the criminal justice system. These lawyers provide defenders with expert opinion and the best possible defense as they know how to deal with criminal cases. They know about the legal loopholes and how to deal with situations in court as they are responsible for either prosecuting or defending someone.
They are required to act neutrally and impartially to ensure the rights of the defender or accuser. They can play an essential role in shortening the sentence or probation of the offender and can also help the defender gain monetary benefits from the accuser.
Issues in the current criminal law system
One of the significant issues of the justice system is the lack of reinforcement of already present laws and lack of communication between the judiciary and the public. Moreover, there are lapses in the system related to the passing of new laws or acts. Rules are insignificant until they are not enforced properly, and to do so, a strong law enforcement force is required.
On a national basis, police and other security organizations are responsible for law enforcement, and if they fail to fulfill their duty, it can create chaos in society. It’s a fact that police and other law enforcement agencies are not as ideal organizations as they should be. Many factors affect the credibility of these organizations, like corruption, ethnicism, etc.
We can see reports in popular media how the police of the United States of America is promoting racism, as we can see in the case of George Floyd, which in turn is harming their criminal justice system.
Flaws in International criminal law
There are many issues with our international law system as well. Like there is no moral consensus on the definition of terrorism as one nation’s terrorist can be considered a freedom fighter by others as we can see in the case of Kashmiri mujahideen that they are labeled as terrorists by India, but for Pakistan, they are a freedom fighter.
Due to this ambiguity, nations can find loopholes and, in turn, can quickly get away with their humanitarian crimes. The monopoly of greater power on international organizations of justice is also a big problem.
They can manipulate the system to gain personal benefits, as we saw in the US-Iraq war. Another big flaw in the International criminal system is that they lack proper and permanent law making and law enforcement authority.
Reforms needed to strengthen the criminal law.
To strengthen national criminal law, it’s necessary to eradicate corruption and other weaknesses of law enforcement agencies to use their full potential to eliminate crime. There is a need to educate people about the laws that protect their rights, and it’s the responsibility of political leadership to propose better laws or amendments in already present laws. Moreover, easy access to justice and a speedy court system are necessary to strengthen the justice system and eradicate crime.
There are many fundamental flaws in the International criminal law system. For it to perform correctly, the first step should be the presence of a standing law enforcement force. There is also a need to develop stricter treaties as every nation has the right to negate treaties without facing any resistance as the International system of justice depends on treaties and pacts.
There are many loopholes in laws regulating the seas, which are the reason for many crimes like human trafficking, weapon smuggling, etc. These laws should be strengthened and reinforced as well.
These days crimes are more complex, for example, cyber wars, digital frauds, etc., and it’s more challenging to make laws for crimes like that because it’s difficult to trace the criminal and its widespread impacts. The criminal law system and its enforcement is the key to the world’s peace, as it’s impossible to hope for peace without eradicating crime from the world.
And to control the crime rate, it’s the need of time to focus on criminal laws problems and find their appropriate solution. There is a need to make the justice system efficient. Otherwise, it will be challenging to cope with the modern world’s problems.