After providing your report to the professor in Assignment 2, the country’s governing body asks you to return to the country and testify in the court proceedings. While you are abroad, your professor asks you to report on the court proceedings and correctional system.
Use the Internet or Strayer databases to research court proceedings and the correctional system in the same country you selected in Assignment 2.
Write a three to five (3-5) page paper in which you:
Analyze both the court system’s likely view on the accused’s rights, as well as the court system’s likely treatment of the defendant during trial proceedings. Provide support for the analysis.
Assuming the accused is ultimately sentenced to a term of imprisonment, depict the most likely experience the defendant will have within the country’s prison system. Provide justification for your view of the country’s prison system.
Expose two (2) ethical concerns you witnessed regarding the country’s court and correctional systems.
Provide one (1) recommendation for change within each of the systems (court and correctional). Provide justification for the recommendations.
Use at least four (4) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:
Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
Here is the part 1 of international crime witness
International Crime Witness
A Case of Kenya
Kenya is one of the most renowned countries in Africa. Located in East Africa, it has a booming population of nearly 42 million people, majority being the youth, aged 18-35 years. Citizens lead a very social life where they value community, and most of them live in large estates comprising over 3,000 people, located in the capital city of Nairobi. Politics is big business with the country, basically, being run by political bigwigs who influence the people due to their huge pockets. It is also a major economic hub, especially for the larger East African community, as it has good transport and communication infrastructure. Due to the large population, though, most of the youth remain unemployed.
On a cold evening in the streets of Nairobi, a young bloke is on his way home from work. As he passes through an alley, he sees a shadow. Before he can react, he is put down by somebody from his back. In the ensuing struggle, he manages to free himself from the attacker and on beginning to take away, he slips and falls down. Looking back, he sees the attacker heading towards him, simultaneously drawing something from his pocket. Sensing immediate danger, he draws a gun, and shoots directly at his attacker, who goes down on the spot. Police on hearing the shot, rush to the scene, arresting the man immediately.
He is later charged in court, when the attackers relations (herein the plaintiff) file a case against the young man (herein the defendant), accusing him of murder. He is found guilty, and sentenced to five years in prison. According to the Kenyan criminal and penal law, a crime may constitute an offence against a person (The Penal Code, Chapter 63).The defendant, on his part, claimed that he was only acting in self-defense, as he had been attacked and only acted to save his life. He had, according to the law, been registered to carry a firearm, which he only drew when he saw his attacker reach for his pocket, thereby sensing more trouble. The plaintiff claim that the defendant applied excessive use of force. He could have acted reasonably, through shooting the arm or leg but not killing. In addition, what the defendant had assumed to be a gun being drawn was actually a mobile phone; therefore, he should have waited to see it was before the shooting. The rationale for the defense, thus, was the use of excessive force that resulted in the murder. The final verdict favored the plaintiff.
Comparison with the United States
Had this case been in the United States, the approach would have probably taken a different dimension. In the first place, criminals are granted rights. Having been a licensed firearm holder, the defendant, having acted in self-defense, would have been arrested by the police once they had an arrest warrant as, under those circumstances, it can be considered a non-cognizable offence. The defendant, in effect, would have had time to analyze and figure out the whole incident. Police rushed to the scene, apprehending the defendant due to the fact that he was the one holding the firearm, without first seeking to hear out what the story was. That is normally narrated later, once the culprit is behind bars (Dolgopol, 2012). Criminals are also granted right to counsel, which implies the defendant could have been assigned a lawyer who would be able to handle the situation in a more informed manner. This could have also allowed him the benefit of having witnesses to certify his side of the story (Wagenaar, 2009). Once taken to Kenyan prisons, unless you have money, it is quite difficult to access counsel. If relatives are not there for one, they definitely go down alone (Abingdon, Doj?inovi?, & Routledge, 2012)
From this experience, there clearly is a gap between the Kenyan and the American police services. The similarity between them is racism, which, in the Kenyan context reads as tribalism. Certain people are treated highly than others. In America, the number of blacks in prisons is overwhelming. In Kenya, an officer may not be the same tribe as yours; hence, one may be treated worse depending on your compatibility (Trotter, 2012).
Officers in both countries are susceptible to corruption. In Kenya, corruption is rife, and the defendant could have even bribed the police before reaching the police station and be released. The same applies in the American system. Chauvinism is another common character in both, where male suspects are handled roughly as compared to their feminine counterparts. Derogatory language is used when conversing to men, with clauses containing abusive words, denoting total lack of respect for a perceived male criminal.
In contrast, the initial response system of American police is noteworthy. They react the instance they are updated. In Kenya, making a call to police hotlines may not even get you through, despite the fact that it is toll free. Police are slow, with those patrolling not even having vehicles for faster response. When apprehended, American police take note of everything in possession of the suspect, and, keep them well until the day of their release (Solange, 2013). In Kenya, the only thing you can retrieve is your wallet, belt, and official identification documents. Money, rings, and other valuables disappear mysteriously, and one is not allowed to question. Police in the American system show more respect to suspects than in Kenya. Harassment is rarely heard. In Kenya, unless you identify yourself, proving to be aligned to a politically- correct background, or representing wealthy status, you are treated as a lowlife (Trotter, 2012). The disparity between these two systems is very evident. Being a third world country does imply people do not have rights, hence, the urgent need to improve how criminals are handled.
In conclusion, penal laws may vary among countries. The only constant thing is that all are all humans, and everyone makes mistakes. Today may not be someone’s day, but no one actually knows what tomorrow holds. It is only fair that the police proceed with caution while making arrests, so that the original case and evidence are not interfered with. Having an elaborate criminal justice system is not only beneficial to the overall development of a nation, but is also a key factor in combating recurrent crimes in the society.
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