InternationalCrimeWitnessPart1.pdf

International Crime Witness, Part 1

Matthew Jung

Strayer University

CRJ 330: Comparative Criminal Justice

Dr. George Ackerman

05/08/2023

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International Crime

Any nation's legal architecture must have a robust criminal justice system because

it promotes societal stability and safety. It is crucial to comprehend the significant

regional variations in criminal codes and legal processes to assess the impartiality and

efficiency of a nation's criminal justice system. In this paper, we will look at Saudi

Arabia's criminal laws and judicial processes regarding a severe attack that an American

observed there. We will discuss the relevant demographic, social, political, and economic

aspects of Saudi Arabia, how the country's criminal code would interpret the crime, its

perspective on two individual rights granted to suspects in criminal cases in the US, how

the police would probably treat the defendant and the key parallels and divergences

between the police cultures in Saudi Arabia and the US.

Demographic, Social, Political, and Economic Factors of Saudi Arabia

Saudi Arabia, the biggest nation in the Middle East, is situated on the Arabian

Peninsula. Over 34.5 million people live in the nation, roughly 90% of whom are

Muslims. The capital city is Riyadh, and Arabic is the official language. The nation is the

world's biggest oil producer, and its economy highly relies on the commodity (Al-

Hanawi, 1). The government has been trying to wean the economy off of oil in recent

years.

Islam has a significant role in shaping Saudi Arabia's traditional social and

cultural traditions. For instance, women are expected to cover their bodies publicly and

have fewer legal protections than males. The King has total power as the country's chief

executive. Islamic law is the basis for the country's legal system, interpreted and

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implemented by religious scholars and the courts.

How Saudi Arabia's Criminal Code Would Likely View the Crime

Saudi Arabia's religious police, the Mutaween, uphold the country's Islamic law-

based criminal code. Assault is punishable by life in prison or perhaps the death penalty

in Saudi Arabia, depending on the circumstances of the attack and the victim's injuries

(Boateng, 2). The attacker may face the death sentence if the victim dies due to the

assault.

Concerns have been raised regarding human rights breaches in the Saudi Arabian

criminal court system, including torture and denial of due process. Suspects in criminal

cases have little protection under the law, and it is up to them to establish their innocence.

Two Individual Rights Granted to Criminal Suspects in the United States and Saudi

Arabia's Perspective on Each Right

Criminal suspects in the United States are granted several individual rights, such

as the right to legal representation and protection against arbitrary searches and seizures.

Criminal suspects in Saudi Arabia have few legal protections, and the focus is more on

punishing the perpetrator than upholding the rights of the accused (Raad, 3).

In order to ensure a fair trial, criminal defendants in the United States are

guaranteed the fundamental right to counsel. However, in Saudi Arabia, the right to

counsel is not a given, and those being tried cannot have access to counsel at all.

Confessions are necessary for the judicial system, and it has been stated that torture is

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used to get confessions.

Another crucial privilege given to criminal defendants in the United States is the

defense against unjustified searches and seizures. However, the Saudi legal system offers

minimal protection against unreasonable searches and seizures, and the government has

extensive latitude to carry out such operations without a warrant.

How the Police in Saudi Arabia Would Likely Treat the Defendant

The Saudi Arabian police can make arrests and launch investigations, and they are

renowned for their rigorous adherence to the nation's criminal law. In the event of a

severe assault, the police would probably detain the offender and launch an inquiry to

ascertain the facts of the attack and the damage sustained by the victim (ibid, 2).

The Saudi judicial system is renowned for its severe penalties, and the police

would probably pursue the criminal aggressively. The defendant may have substantial

difficulties in defending himself against the allegations, and the police may employ

pressure or intimidation to get a confession. The onus of evidence rests with the accused,

yet in circumstances of serious assault, the police may be quick to infer guilt. In a case of

serious assault, the way Saudi Arabian police would handle the defendant would probably

be quite different from how American police would handle one. Islamic law is the

foundation for Saudi Arabia's criminal justice system, which accords criminal defendants

with few rights, especially when severe crimes have been committed.

After being taken into custody, the defendant would probably be kept there while

the police looked into the case. In Saudi Arabia, the onus of proof rests with the accused,

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and in circumstances of serious assault, the government may infer guilt without waiting

for sufficient evidence (ibid, 2). The police may conduct lengthy interrogations without

the suspect receiving legal representation or informing the defendant's family. They may

use pressure or intimidation to force the prisoner into confessing.

Fundamental Similarities and Differences between Police Culture in Saudi Arabia

and the United States

Each nation's social, cultural, and political variables influence police culture in

Saudi Arabia and the United States. Some fundamental parallels and contrasts exist

between Saudi Arabian and American police cultures (Sendi, 2019). The focus on

preserving law and order and protecting public safety is one of the critical commonalities.

Both nations have law enforcement institutions tasked with upholding the rule of law and

safeguarding residents from crime and violence.

However, the two nations have numerous significant distinctions in law

enforcement culture. One of the most significant distinctions is the function of the police

in society. The police in Saudi Arabia are seen as enforcers of the country's strict moral

code and are authorized to enforce religious and cultural values (Sendi, 4). In contrast,

police officers in the United States are seen as guardians of individual rights and liberties,

and they are required to maintain the Constitution and protect civilians from harm.

Another distinction is the police force's degree of accountability and openness.

There is a considerable focus in the United States on police accountability and openness,

and there are systems that investigate and punish police misbehavior. In Saudi Arabia,

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however, there is no transparency or responsibility in the police force, and there have

been instances of officials abusing authority and violating human rights.

Conclusion

In conclusion, criminal defendants in Saudi Arabia have little protection under the

country's legal system since it is founded on Islamic law. Assault is a serious crime with

severe consequences, including life in jail or even the death penalty in extreme cases. The

Saudi Arabian police are noted for their stringent enforcement of the country's criminal

law, and they have the authority to make arrests and investigate crimes.

When comparing the police cultures of Saudi Arabia with the United States, there are

several notable distinctions. The Saudi public views the police as upholders of the

country's moral code, whereas Americans see the police as defenders of civil liberties.

Furthermore, in the United States, police accountability and openness are given high

priority, but in Saudi Arabia, these factors need more attention. To evaluate the fairness

and efficiency of a country's criminal justice system, it is crucial to be familiar with how

it differs from the systems in other nations.

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References

1. Al-Hanawi, M. K., & Keetile, M. (2021). Socio-economic and demographic correlates

of non-communicable disease risk factors among adults in Saudi

Arabia. Frontiers in Medicine, 8, 605912.

2. Boateng, F. D., Pryce, D. K., & Alotaibi, H. A. (2023). Crime and punishment in Saudi

Arabia: lashing, imprisonment, and other unusual punishments. Child Abuse &

Neglect, 135, 105948.

3. Raad, M. (2022). Defamation under Subarticle 3 (5) of the Saudi Arabian Anti-

Cybercrime Law. Journal of Law in the Middle East, (2), 16-16.

4. Sendi, K. (2019). A Comparative Analysis of Saudi Women's Educational Experiences

in Graduate English Programs in Two International Contexts: Saudi Arabia and

the United States (Doctoral dissertation, The University of New Mexico).

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