The Effect On The Rule Of Law

Author Peter Andreas explains that a "wide range of smuggling practices" has been part of the "cross-border economic exchange since the nineteenth century," and hence the present-day smuggling of drugs across the border into the United States is not at all a new phenomenon (Andreas, 2012, p. 29). In fact Andreas explains that the economic relationship between the United States and Mexico "…was founded on smuggling," and today (as drugs move from south to north) things are opposite of what they were two hundred or so years ago when the smuggling went from north to south (Andreas, 29).

Within the criminal justice system discuss the effectiveness of legal and non-legal measures in achieving justice.

The United States prides itself on the fact that we have the rule of Law. In other countries such as Japan, the people are expected to obey the government and corporations. If we did not have lawyers, bureaucrats would administer the law. Some complain that we have too many lawsuits, but very few would accept having to obey only the government and the bureaucrats.

The globalization of crime has become a renowned problem for the law worldwide; as societies become more interconnected, an act in one country can have repercussions in another which is across another continent. This is primarily down to technological developments, as nowadays communication between countries is simple compared to decades ago. Alongside this transport is also a major problem, as it means that illegal activities can take place in more than one country as goods are transferred between the two, allowing the criminal world to reach all corners of the world.

Against the criminal act of pure smuggling would be carried out the act of investigation With the establishment of anyone suspects who allegedly involved and responsible for these crimes, then be passed on the next phase which is the process of the court

Since 9/11, the Australian government has enacted over 60 counter-terrorism laws to assist in the fight against the rising threat of terrorism in Australia. This legislation has recently been brought into question given the rise of extremist groups such as Islamic State and the lifting of Australia’s terror level to “High”. Prior to 9/11 there were no specific laws in order to combat terrorism specifically in the Criminal Code. Australia’s national anti-terror laws are alarming not just in their volume, but also in their widespread scope. They include powers for warrantless searches, the banning of organisations, preventive detention, and the undisclosed detention and interrogation of non-suspect citizens by the Australian Security Intelligence Organisation (ASIO). The progress of these laws though parliament was eased by Australia’s absence of a national bill or charter of rights. The fast enactment of the laws was also aided by an apprehensive atmosphere and a feeling of urgency. This quick enactment has raised concerns over the many years since the legislation passed regarding the facilitation of the rule of law given the extensive powers that the Commonwealth has in regards to national defence and security. One such example of legislation that has proven to be controversial and has drawn supporters and critics alike are control orders under Division 104 of the Criminal Code. The paper will assess whether or not

Similar to previous election cycles, a prominent issue on everyone’s mind is Illegal Immigration. “Border Enforcement, Organized Crime, and Deaths of Smuggled Migrants on the United States – Mexico Border” by Rob T. Geurette and Ronald V. Clarke analyzes how strong immigration enforcement has brought about the rise of human smuggling along the southern border. The paper starts by providing a baseline of the illegal immigration situation in the prior to the early 1990s. They state that immigration was something of a non-problem. That illegal immigrants wishing to enter the country would simply cross the border. When Border Patrol agents caught illegal immigrants they would be placed on a bus back to Mexico and would simply cross the border

Our current ideology on crime and justice dates back to thousands of years back. This paper will compare and contrast our system and sense of crime and justice with the society Malinowski describes in “The Law in Breach and the Restoration of Order”. In our modern era, it is acceptable to think Hammurabi code is ideal to pursue crime and justice or Cesare Beccaria’s approach towards the pursue of justice is best for the society. To each to its own when it comes to this based on their own values. But regardless of how extreme, or mild our societies thought can be to sought after justice for crimes, the ultimate purpose of all of it to teach a lesson to the individual who committed the crime and to others.

The United States and Mexican border has been a topic long debated between citizens and politicians, on one hand the trade between the two countries has shown great economic prosperity since the introduction of the North American Free Trade Agreement (NAFTA), notwithstanding this success there has also been a huge spike in human trafficking and other illegal activity since the inception of the border. While the growth of the GDP for all three countries involved (United States, Mexico, Canada) has become evident it is unclear whether it is truly fair to all parties involved.

There are forms of Illegal trade that come across state borders which violates states legal control of their borders which is drug smuggling. In the region of North America lies a state that faces struggles everyday with a organization called Sinaloa Cartel. They face battles against this organization for control of the drug market within the state. This cartel plays a huge role within the state by having a huge influence in power compared to other the organizations in the state.

Another tool that can be implemented to control foreign trade is the quota. This simply means setting a hard limit on the amount of a certain good allowed into the country. However, a quota is usually seen as inferior to a tariff because of the potential government revenue that can be obtained through taxation. Quotas also force the government to make decisions about what products consumers will be able to obtain. This can lead to corruption – which of the goods in question will get import licenses, and why? Quotas also encourage smuggling and, if used recklessly in a specialized economy, can result in a shortage of a certain good. [4] Despite this, import quotas are still a valuable economic policy that is used today for much the same reason as tariffs. Tariffs simply can't

The statement above said by Lord Bingham, from ‘The Rule of Law’ (2007) 66 (1) Cambridge Law Journal 67-85, p. 76. The statement references that the rule of law is not abided by if the state does not provide human protection. This statement can be looked upon, agreed and disagreed with after reviewing the two theories in the rule of law. This will be made possible, as I compare Joseph Raz’s formal theory and Lord Bingham’s Substantive Theory on the rule of law. But firstly, I will address what the Rule of Law is;

The fine line between obeying the law and not obeying it. Obeying the law kind of makes the world safer. When you don't obey a law and therefore caught doing the crime; you will be charged and possibly sentenced to a place where you are no longer free to do as you please. When you obey the law you get to do as you please with your life as long as you follow the laws. Laws are put into motion to create a safe environment for everyone to live in. No one should have to be worried about their lives everyday; but there are accidents everyday in which lives are lost.

citizens are under a duty to obey the same laws, and there can be no

Different ways have been taken to analysis the effect of leniency policy. Similar to Brenner (2009), which provide the effects in short term and long term with the help of the leniency programs (see the empirical discussion in section 4), Harrington and Chang (2009) providing a method by observing the “population of discovered cartels” to measure the short run impact of program on cartel fighting and present whether it can help decrease the rate of cartels. He concludes: