Comparative criminal justice system varies across the world and it is based on historical, political as well as descriptive approaches. However, due to political interference, lack of independent judiciary may tamper with the course of justice in some countries. Therefore, involvement of international criminal justice system to ensure respect of human rights is paramount. This paper makes comparison between comparative and international criminal justice system. It further examines how comparative criminal justice system has influenced the U.S. criminal justice system.
According to Dammer et al (2006), criminal justice system defines all agencies whose main aim is to control crime. This system consists of court, police and other correctional agencies involved in law enforcement. However, variations exist between different criminal justice systems. This is the case between international criminal justice system and comparative criminal justice system. First, international criminal justice system is set to deal with crimes committed against the peace and security of human kind based on the agreements made at international levels. On the other hand, comparative criminal justice system takes an international perspective in investigating and evaluating a national system of justice while comparing it with others across the world.
Second, in international criminal justice system, the legal precedents are developed through history to handle such offences as enslavement of people, genocide, and torture. These crimes are agreed to be illegal across nations. However, comparative criminal justice system applies comparative criminology which correlates crime in two or more cultures. This system explains why crime happens in different forms and levels in a particular country as compared to another. It means, what is considered as a crime in one country may not be a considered a crime in another. The reason is that the legal justice system of every country is based on the local cultural and political history (Reichel, 2005).
In comparative criminal justice system, one system can copy from another. For instance, American law seems to have been greatly influenced by British law. Dammer et al (2006) argues that the two states are similar as both promote local administration and funding. Nelken (2012) observes that American law has a variety of features such as earnest selection and supervision of police force, judges and prosecutors as well as effective prosecution which are common with the French system.
In conclusion, comparative criminal justice system holds that each and every country should have its own identity and protect its sovereignty. On the contrary, it has promoted violation of human rights in countries where the judicial system lacks capacity to investigate and prosecute some crimes. Thus, there is a need to ensure that the implementation of international criminal justice system esteems the freedom of individual countries.