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Posted: July 1st, 2022
Crime Control Strategies In Germany And China
Crime Control Strategies In Germany And China
My countries: Germany and China
1. Step 2 (Crime Control Strategies, Findings, and Implications): In this step, you will take a closer look at the reactions to the crime of your interest in each of your model nations, and answer the following questions:
****Answer the questions *****
• Findings: Crime Control Strategies in Model nations
•
• How is this crime addressed in the criminal justice system of the two countries you are focusing on?
• What does law enforcement do to control crime?
• How does the court system approach this crime?
• What are the advantages and limitations of each country’s legal system in addressing this criminal issue?
• Implications for Improving Policy and Practice
• How does your study help to advance your understanding of this criminal issue?
• What questions are left unanswered for you?
• What recommendations do you have for the model nations to effectively prevent and control the crime you studied?
Citations
2-3
Note: Please see the assignment grading rubric for additional information on expectations and grading criteria for the drafts of each section of this paper. The paper should be in formal paper and APA format.
Crime Control Strategies in Model Nations, Germany and china
Findings:
Organized crime remains a constant crime issue that the two model nations have been putting efforts through their criminal justice system to mitigate. In Germany, the police, prosecution services and the courts do have specialized departments and units dedicated to dealing with organized crime. All law enforcement officers, federal and state, do have the jurisdiction of conducting investigations that relate to trafficking of persons, weapons, ammunition, explosives, drugs among other illegal commodities. Furthermore, the government established the Division SO (Serious and Organized Crime) which assumes police duties of prosecution, for instance in the cases of globally organized trafficking and the internationally organized illegal production or distribution of counterfeit money requiring inquiries in other countries (BKA, 2022). The collaboration of both domestic and international law enforcement entities has ensured that their fight against organized crime is effective. Their main challenge has been limited funds for the intelligence agencies which constrains the effectiveness of investigations or organized crime (Global Organized Crime index, 2022). While there has been no evidence to show border control being compromised by its neighboring nations, the German borders are still challenging to monitor and can be fairly porous.
Currently, there are extensive domestic laws that cover a vast scope of organized crime forms in conjunction with the fact that the country is a signatory part of all relevant multilateral treaties focussed on suppressing organized crime globally (Global Organized Crime index, 2022). In regards to the penal system, Germany is considered a liberal state hence its mild punitive justice system. Hence, the penal policies are strongly focused on crime prevention programs and the reintegration of offenders into society (Hofmann, 2021). This approach has been effective in reducing prison populations but not very effective in fighting the crime. There has been a call for stricter laws and sentencing mechanisms since the current leniency has led to mistrust both in the judiciary’s functioning and in the willingness of the state to effectively protect its citizens from crime. In actual fact, the law enforcement and investigative authorities have stated that they normally find themselves at the mercy of a legal system that prevents them from being harder on suspected suspects of organized crime.
In China, organized crime is mainly handled by the INTERPOL National Central Bureau (NCB) in collaboration with the local law enforcement agencies (INTERPOL, 2022). The Chinese NCB provides globally-sourced intelligence on the regional crime trends to the police agencies across China which aids in the detection and investigation of any flow of illegal goods along the trafficking routes within and outside the country (INTERPOL, 2022). The NCB will engage in various international INTERPOL-led police operations hence supporting the collaboirative efforts focussed in tackling terrorism, cyber crime, drug trafficking, intellectual property crime among others. China’s Ministry of Public Security (MPS) is made up of specialized investigation units that also focus on specific forms of organized crime (INTERPOL, 2022). These collaborative initiatives that also involve its citizens would make China’s law enforcement highly effective in dealing with organized crime at the national level. Nevertheless, the issue of pervasive corruption among the local police officers has suppressed the anti-organized crime efforts considering many of the officers turn a blind eye to numerous illegal economies. The country’s border infrastructure is enough to protect the nation from organized crime. However the borders are very long and challenging toi monitor because cross-border smuggling and trafficking continues happening.
Regarding their judiciary system, the country’s courts are sufficiently resourced to handle organized crime which has ensured their effectiveness in prosecution. However the fairness of the trials has been questioned regularly (Global Organized Crime Index, 2022). There is also no particular unit in the judiciary focussed in handling organized crime. The respective legislation and control over the prison system is adequate but there’s still no external investigations to affirm the status of prison conditions due to their restricted access given to foreign observers (Global Organized Crime Index, 2022). Notably, China has ratified all relevant international conventions and treaties related to organized crime except the Arms Trade Treaty. The country participates in and actively promotes international collaboration efforts against organized crime. Its laws against crime are considered among the strictest globally. Nevertheless, there has been concern that they are implemented with political objectives in mind in the interests of the Chinese government.
Implications for Improving Policy and Practice
Organized crime is currently a criminal market that has spanned the entire global community that it is now a threat to the peace and development of sovereign countries. This research is focussed on providing different perspectives in terms of the efforts put in by different criminal justice systems from different nations. Considering the issue is now transnation, these different perspectives provide insights on how each country could fight the crime considering that a particular approach has been identified as effective whether it is in the law enforcement, the judiciary or the correctional systems.
The main questions that remain unanswered are how policy makers evaluate the effect of convention, law enforcement-focussed counter measures against organized crime in the developed and developing countries. There is also the question of what needs to be prioritized in terms of the integrated development interventions focussed in reducing harm accruing from organized crime and tackling the challenges’ from a transnational and global dimension. Finally, the issue of how policy makers systematically link the emerging research information on organized crime into their interventions in organized crime also lingers.
Germany requires more stringent laws if the efforts put in by law enforcement and the courts are to materialize into reduced organized crime rates. The current criminal code for organized crime needs reforms and modernization or else many of the illegal issues cannot be sufficiently prosecuted and remedied. In China, there is a need for the country to reinforce their interdiction operations against both precursor traders through direct collaboration with countries affected (Felbab-Brown & Flannery, 2022). This kind of collaborative efforts within law enforcement need to be designed smartly and implemented and while they will not eliminate illegal trade, they make the trafficking very challenging.
References
BKA. (2022). Serious and organised crime. Retrieved from https://www.bka.de/EN/TheBKA/OrganisationChart/OrganisationalUnits/SeriousAnOrganisedCrime/seriousanorganisedcrime_node.html
Felbab-Brown, V., & Flannery, N. P. (2022, March 3). How is China involved in organized crime in Mexico? Retrieved from https://www.brookings.edu/on-the-record/how-is-china-involved-in-organized-crime-in-mexico/
Global Organized Crime Index. (2022). China. Retrieved from https://ocindex.net/country/china
Global Organized Crime Index. (2022). Germany. Retrieved from https://ocindex.net/country/germany
Hofmann, R. (2021). Formalism versus pragmatism – A comparative legal and empirical analysis of the German and Dutch criminal justice systems with regard to effectiveness and efficiency. Maastricht Journal of European and Comparative Law, 28(4), 452–478. https://doi.org/10.1177/1023263X211005983
INTERPOL. (2022). China. Retrieved from https://www.interpol.int/en/Who-we-are/Member-countries/Asia-South-Pacific/CHINA
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