Is Comparative Research On Questions Of Crime And Justice Still Feasible And Useful In The Wake

Is Comparative Research On Questions Of Crime And Justice Still Feasible And Useful In The Wake Of Globalization?

Apoorv Agarwal, Edinburgh Law School, University of Edinburgh

I. Introduction

Globalization, as we understand, is the increasing interconnectedness of the world's economies, cultures, and populations as a result of cross-border commerce in commodities, services, technology, investment, people, and information.1 What we are focusing here is the globalization of information pertaining to crime and justice which can be termed as comparative criminal justice. The study of what individuals and organisations in various areas do - and should do - about crime problems is known as comparative criminal justice. More broadly, it investigates the connections between crime, social order, and punishment, as well as the roles of police, prosecutors, courts, prisons, and other actors and institutions in the context of various types of social control. This seems a fascinating task of globalizing the facets of crime and justice. However, at the same time it is a complex mechanism as different societies are formed of different fabrics and it would be futile to apply anything remotely related to crime and justice anywhere. For instance, marital rape which is an exception to the offence of rape is penalised in countries like United Kingdom, USA however countries like Pakistan, Bangladesh, and China still uphold the validity of this exception as they see the marriage as a sacrosanct union and the act of rape cannot be committed in a marriage.2 Similarly, in countries like UK, France, Belgium the adoption of right to privacy followed by enactment of General Data Protection Regulation (GDPR)3 moved a wave across globe on the issue of data breaches and data privacy. It is then when country like India upheld Right to be forgotten as a fundamental right and introduction of privacy law bill thereto.4 What the above two examples set in motion is a dilemma as to the admissibility of the comparative criminal justice system and to what limits can it be put to action. The perception of the proper function of criminal law, the use of criminal justice systems relative to other types of sanctions, the political independence of the legal system, the conduct of police, the authority of prosecutors, lay or expert involvement, the rights of victims, the use of prison or the death penalty, or the extent of "trial by media" are all areas where there are still very real differences worldwide. What can be done, if anything, to stop what seem to be barbarous local customs? Can a society effectively adopt reforms from other societies? What we are trying to discern here is that to provide with a general understanding of the advantages, challenges, and, perhaps, conclude as to feasibility how criminal justice systems operate in various settings.