An International Perspective Assignment

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INTERNATIONAL
PRESPECTIVE
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Table of Contents
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
Explain about Burglary in England........................................................................................1
Impact of jurisdiction with their positive or negative impacts...............................................2
Identify and critically define the meaning and nature of state crime....................................3
Include one of the case study where human rights have been influenced..............................4
Explain about the International Law and how its instruments have influenced or not
influenced the development of criminal justice in the area of England.................................5
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10
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INTRODUCTION
Crime is defined as violation of rules and regulations which has been commenced by the
legislative body of the government. Criminal activities always do fall under the category of
illegal and unethical activities which creates the problem for society and individual both (Singh,
2016). This is one of the problem which has been increasing day by day and even solutions has
been not found in it. Here, people might be harmed and might have to suffer from a number of
problem in future. In context of this file, one of case study will be selected and later a critical
evaluation will be done which will influence the criminal code of jurisdiction. Even state level
and international laws and regulations will be included with there critical evaluation. In there
will be discussion that how criminal activities do affect the human rights. The country chosen for
this assignment is England which has been facing many serious problem related to burglary.
MAIN BODY
Explain about Burglary in England
This term defines situation to break into a contrusction, which is unlawful in nature, to
commit a crime. It does not include to barge inside structure neither is there any need to use
physical force for break anything, sometimes its a tresspass through property only. In judiciary
any person found sneeking inside a house is declared a theif but if the same person was found
with wepons is declared a bulgurer. These both terms are divided by a thin line i.e. 'Intention'
which will define weather this person might have killed or hurt any person with intension to get
free and steal things (Tunggal and Zulham, 2019). This crime was discovered by common law
but judiciary has used some of its elements into Acts of parliament. Punishment journals have
also innovated a slight after using this concept. The basic purpose of such laws is to keep people
house safe plus preventing violence, modifications by England government in Theft Act 1968 are
to protect citizens from harmful encounters with burgullars.
In recent times, problem related to burglary has been increasing day by day and even it is
not allowing situation to do any, right work to do accroding to situations requirement. The main
reason behind all of this problem is very simple, laws and policies are not so effective due to
which positve outcomes have decreased significantly and even changes are required as soon as
possible. The main dis-benefit which is being seen is that here decisions are being declared,
based of common law and due to that many divisions of law are weak.
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Case: Hatton Garden safe deposit burglary
Facts: Its one of the largest burglary in English legal history, April 15 2015 Hatton
Garden Safe Deposit Company was burgled, safe deposit facility was broken down and
estimately £200 million were stolen. It was perfomed by four men out of which one was
convicted not guilty. This con was so explicit that Flying squad, a member of london
metropolitan police service were brought in for investigate.
Judgement: 9th March, 2016 investigation ended and three out of them were declared
guilty, under conspiracy to commit burglary and were sentensed seven years of prison and last
one was pleaded non guilty (Setiadi, Maryadi and MA, 2016).
This is one of the cases which is related to burglary and it has been a problem at national
level because ultimatly people have to suffer and laws and regulations should be amended here.
It is necessary to change many things at statutory level which might help to bring out a positive
Impact of jurisdiction with their positive or negative impacts.
Social culture has been facing number of problem due to burglary and it is important that
some of the laws and regulations should be formed so that positive outcomes can be achieved. It
is found that number of problem do arises on regular basis where it not allowing the people to
work freely and take their decisions. In latest report publish by government, they have clearly
mentioned that there are number of laws and regulations which should be amended in upcoming
period of time so that positive results can be found.
In current scenario, Burglary has been creating number of negative impact because it is
not allowing any business organisation to perform their task (Bhatkoti and et. al., 2018). People
have to face number of problem as this problems ahas been increasing day by day. The
government policies are not being followed and people who are involved in this types of
activities are capable of finding the weaker side of the law due to which they are doing criminal
activities easily. Even it has been found that there are number of cases in which activities like
burglary is being done for the purpose of personal benefits. As people do create the intention
here that if any of the worse situation do arise then they are going to harm the people who are
near to them just to put themselves on a safer side. The problem has been increasing as laws and
regulations has been commenced on the weaker side do impact negatively. There are number of
instances where strict actions are not being taken as it becomes difficult to find the exact person
who have committed the mistakes. It has a bad influence of communities of England because it
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has the direct influence on their economy because they are unable to make better decision and
even international market also do not want to invest their capital within this market. If this
activities will be continued in future period of time then it will be a big question that how nation
can compete at internation market and fulfil all of the requirements of there own people. Political
bias on criminal has been helping them to increase this sort of activities within the England and it
do causes the problem for general public because they don't feel themselves to do any of the
work through which they can be benefited (Sari and Widaningrum, 2018).
The biggest negative impact is rate of crime is increasing day by day and people are not
allowing them to make any major decisions. Here, number of cases are found where the intention
of theft was present but looking at current situation they do committee serious offence. But still
there are several articles published which says that cases of burglary has been decreasing which
means getting positive results in future is quite possible. Here, support of department of police
and other national agencies might be huge because they can help to bring out the positive result
in future.
Identify and critically define the meaning and nature of state crime
State Crime: The dereliction's cause for break in criminal law, generally consisting
corruption, organized crime and corporate crimes. Types of state crimes: Crime by security:
Torture, grievous hurt, Political: corruption-causes-and-consequences and Economic : health and
safety provisions. These are three powerhouses for state crimes, and work in synchronization
with states policies, such crimes know loopholes through system and are making them hollow
from inside. Policies created by government with help of judiciary system is to maintain balance
in society and to promote faith in them (Pernecky, and et. al., 2019). Plus, if looked at negative
affect of it, discrimination by police, unlawful imprisonment and many other modes of violence,
governed by organisations and state crimes. The socio-economic, ecological lateral effect of war,
torture, and unnecessary unemployment can be measured as they affect communities, families,
the ecosystem, communal health and livelihood issues. Most crimes that come to mind – murder,
robbery, burglary, arson, theft, and rape – are violations of state law state legislators have used
general police power to regulate, conduct and state has jurisdiction and rights also called as State
Crimes.
The ratio of state crime is increasing day by day and it is providing direct benefit to
client's businesses. The most important thing is that people who are living within England, have
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been suffering and it has been causing lots of issues and problem due to which people are facing
number of problem. In future, it is necessary that state level government hast to look for the area
where they can do certain changes so that positive changes can be done (Ramalingam,
Lakshminarayanan and Khan, 2016). They can simply amend some of the section through which
equal benefits can be given and problem related to burglary can be sort out. Although, various
laws and regulations has been commenced which are result oriented but still many of the things
are missing in them and here changes in safety and security can be crucial. As, various sources
are available in England for commencing the which help them to obtain better result and cases
related to burglary has been not increasing.
Include one of the case study where human rights have been influenced
It is said that burglary has been creating number of problem where it is not allowed for
people to work whenever they want to. The biggest human right which has been influenced is
that they are not allowed to do the work which they wants to do. It is said that people have to
work harder on this field and still they are not safe because number of problem. As per the above
mention case, it was one of the famous case law which clearly says that people have to wait for
longer period of time to recover their own money and even have to come across the number of
issues which do impact on daily basis plans of people.
One of biggest problem is that people are not allowed to use their own money just
because they activities of burglary is increasing within their territory. They do not feel save and
secured within the country because people do have the fair that they might face the problem of
burglary at any period of time. In recent period of time, the states shows that 9% increment is
there in the cases of burglary (Burglary, 2018). There is huge possibility that people might get
depressed which is totally against the human rights. As, there are number of people who is
engaged for personal benefit and because of that they do such type of work which creates
unnecessary problem for other people and that is making trouble for them.
There is a political bias in many of the section which is totally against the law as right of
equality is not being considered in it. Every people do have the freedom that they must be treated
equally and here some of the politician themselves does the work which directly impacts on the
work performance. Sometime, victims do suffer form the problem like anxiety because they do
not get socked when they faces several problem due to burglary.
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How criminologists and criminal justice practitioners have influenced the criminal justice
process in England.
The rules and regulation which has been formed by government policies are not up to
mark because the guidelines are very blur in explanation for general people. The most important
thing is that justice practitioners are unable to declare the results in best possible manner because
exact remedies are not defined under it and that has been causing the serious issues in recent
days (Laycock and Tilley, 2018). The criminologist has worked harder in recent period of time in
England where they have been trying to form new laws so that more positive results can be
obtained and problem related to burglary can be removed in upcoming period of time.
There are lots of work which is needed to done in future where criminologists have to
rethink that what are those area where they are lacking, due to which problem has been occurring
repeatedly in this department. If this can be done then there is huge possibilities that cases related
to Burglary can be reduced. Although, recent changes have been working for them but still it is
necessary that some of the changes should be done.
Explain about the International Law and how its instruments have influenced or not influenced
the development of criminal justice in the area of England.
International law
One of greatest achievements of England is their international law, it consists of all
elements needed for betterment of society, promotion of social and economic development and
most importantly to support & promote peace in world. It's major goal is to design and create a
structure for domestic country as well as other nations to focus on each-other relationship rather
than its legitimate relationship between all nations not people (Thompson and et. al., 2018).
International humanitarian law
International humanitarian law principles and rules to regulate means and methods of
warfare as well as the humanitarian protection of civilian populations, sick and wounded
combatants and prisoners of war. Major instruments include the 1949 Geneva Conventions for
the Protection of War Victims and two additional protocols concluded in 1977 under the auspices
of the International Committee of the Red Cross. The UN is leading role in efforts to advance
international humanitarian law. The protection panel has become increasingly involved in
protecting civilians in armed conflict, promoting human rights and protecting children in war
zone. Instruments used by international law are given below:
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These instruments are basic purpose for maintaining treaties between nations and provide
peace and harmony. These treaties serve as legal protection of human rights in general.
Their are six main instruments for welfare of human rights and each one of them have
influenced and developed area of criminal justice as well:
Charter of United Nationals
These were created to avoid circumstances of world war again after loosing too much
population and security among the nation these charter defines base of peace and harmful
consequences of getting into WWIII(Tilley, Farrell, Tseloni and Thompson, 2018). The
importance was felt after WWII and loss of several human beings which created awareness
among people and should live with union. They have influenced several premisses of England
because they have been working really hard just to maintain peace and harmony within country.
If policies of UN are implemented properly crimes like these will reduce by a drastic ratio.
Rome statute of international court sessions of International Criminal Court
The ICC has judgement to run individuals for international crimes against, humanity, war
crimes and all other essentials related to crime. This was formulated in 2002 in Rome. But, it has
been found that it is not so effect in many of the places because they are unable to work as per
the agenda which they had set before many years and some of the things are still lacking in them
due to which results are still not being achieved. In context of England, they are legally bind to
follow all of the laws and policies which are being formed but in some of the cases laws has been
not explained properly due to which effective outcomes are not being achieved and effect of
burglary has been increasing (Groff and Taniguchi, 2019).
Statute of the International Court of Justice
Its one of the IV part of United Nations charter, specialising in International Court of
Justice. This provides case practice and different case laws of International court and keeps the
proper details of the court proceedings. This is helpful for the the country like England because
burglary is one of the criminal offence where decisions are needed to be declared as per the
common law where past cases are also being used. In short, this International law is helpful for
declaring any of the decisions within England.
Statute of the International Criminal Tribunal for Rwanda
Established in 1994, to provide responsibility to Rwandan genocide and many other
serious violations by citizens and state as well. This tribunal is very persuasive in nature as they
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have completed 50 trails, convicted 29 accused and 11 were on trail and were running in
progress. If any jurisdiction was not possible to pass then it was transferred to national
jurisdiction (Tseloni, Thompson and Tilley, 2018).
Statute of international criminal tribunal for the former Yugoslavia
This tribunal which is international in nature is for prosecuting people and providing
responsibility for important violations of international humanitarian law in the following
territory, formally known as ICTY.
Vienna convention on the law of treaties
VCLT is the concept of having a international agreement including treatises between
states. This establishes rule and procedures of how any treaty is drafted, enact, amended and
implemented to keep a distinctiveness between them.
All of this international policies and rules and regulations are legal binding in nature and
it is needed to be followed by everyone and if any of the person fails to follow this laws and
regulations then strict actions can be taken and even punishment is also being given to them.
This international laws and regulations has been looking at the matters which are related to
burglary in England. They have been helping the people to recover the assets which are being
stolen and takes the strict decisions (Tseloni and Thompson, 2018).
Global Policy Transfer
Global Policy Transfer can is defined as the process where various important
informations and knowledge are being shared by with another nation just to take the help to form
strategies, policies and various regulations (Mawby, 2016). This becomes very crucial for the
Nation like England where various sources are there to form laws and policies. The transfer of
policies among nations has become a core tool for the analysis of effective and influential
policies and administrative strategies. Sharing of this plans and policies has been reducing the
number of criminal cases and even decision making process has also become much easier then
before.
Hegemony
This is the tool which is useful in most of the cases where criminal activities are being
practised. It is necessary for those nation whose policies are weak and unable to sustain within
the market. Hegemony can be one of the essential tool for the nation like England where number
of cases can be found which are related to Burglary (Hockey, 2016). It helps to make the plans
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and policies stronger and makes any of the law stronger and result oriented. This can further
result in a policy transfer among nations if other nations find that the regulations of a certain
nation are effective in the matter of dealing with burglary.
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CONCLUSION
The above mentioned report consists legal solutions to one bulgary in england which is
now a days the most highlighted crime over there. Criminal activities have always been
considered offensive and do create unnecessary problem for any of person or society. In any of
the nation, any of the person who founds to be guilty under the offence of criminal law as legally
penalised. It is necessary to understand that legal problem can be solved only when government
do changes the rules and regulation in every short period because that helps to amended the
policies and chances of committing criminal activities do reduces automatically. Burglary is one
of the problem which is found in England and it is necessary that strict rules and regulations
should be prepared so that positive results can be obtained and in future issues related to
Burglary will not be raise again. This report will briefly guide about such criminal offences and
their legal solutions, plus also it will explain different types of Burglary with the help of case
laws.
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REFERENCES
Books & Journals
Bhatkoti, M. and et. al., 2018. UNDERSTANDING SKIN IN AYURVEDIC PRESPECTIVE.
Pharma Science Monitor. 9(1).
Groff, E. and Taniguchi, T., 2019. Quantifying Crime Prevention Potential of Near-Repeat
Burglary. Police Quarterly. p.1098611119828052.
Hockey, D., 2016. Burglary crime scene rationality of a select group of non-apprehend burglars.
SAGE Open. 6(2). p.2158244016640589.
Laycock, G. and Tilley, N., 2018. A Short History of the England and Wales National Burglary
Security Initiatives. In Reducing Burglary (pp. 21-44). Springer, Cham.
Mawby, R. I., 2016. Victim support in England and Wales: the end of an era?. International
review of victimology. 22(3). pp.203-221.
Pernecky, T. and et. al., 2019. SEXUAL HARASSMENT AND VIOLENCE AT EVENTS AND
FESTIVALS: A STUDENT PRESPECTIVE. Event Management.
Ramalingam, R., Lakshminarayanan, R. and Khan, S., 2016. Information Security Awareness at
Oman Educational Institutions: An Academic PrespectivearXiv preprint
arXiv:1605.05580.
Sari, W. I. and Widaningrum, D. L., 2018, December. Geographical prespective in managing
worker’s recruitment and rotation. In IOP Conference Series: Earth and Environmental
Science (Vol. 195, No. 1, p. 012034). IOP Publishing.
Setiadi, F., Maryadi, D. and MA, M., 2016. International Organization Logos: A Semiotic
Prespective (Doctoral dissertation, Universitas Muhammadiyah Surakarta).
Singh, J. S., 2016. 05_Expanding Horizons of Human Right to Education: Prespective on Indian
and International Vision.
Thompson, R. and et. al., 2018. Which security devices reduce burglary?. In Reducing Burglary
(pp. 77-105). Springer, Cham.
Tilley, N., Farrell, G., Tseloni, A. and Thompson, R., 2018. The role of security in causing drops
in domestic burglary. In Reducing Burglary (pp. 223-244). Springer, Cham.
Tseloni, A. and Thompson, R., 2018. Household-and Area-Level Differences in Burglary Risk
and Security Availability over Time. In Reducing Burglary (pp. 107-164). Springer,
Cham.
Tseloni, A., Thompson, R. and Tilley, N., 2018. Conclusions: Reducing Burglary–Summing Up.
In Reducing Burglary (pp. 265-272). Springer, Cham.
Tunggal, A. R. and Zulham, A. F., 2019. ANALYSIS OF GLOBAL VALUE CHAIN IN
INDONESIA RUBBER EXPORT TO UNITED STATES VIEWED FROM AN
ISLAMIC TRADING PRESPECTIVE. JISPO: Jurnal Ilmu Sosial dan Ilmu Politik.
9(2). pp.237-254.
Online
Burglary. 2018. [Online] Available Through:
<https://www.victimsupport.org.uk/crime-info/types-crime/burglary>
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