Criminal Justice Systems: Saudi Arabia, Germany and the US

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Table of Contents

Introduction
Historical and Cultural Aspects
Common-Law System
Islamic System
Conclusion
References

Introduction

Many factors influence the development of the criminal justice system in a country. In general, there are four primary legislative systems – common, civil, East Asian, and Islamic. However, it should be noted that every country has its distinct characteristics, which affect its legal methodology. This paper aims to examine the history, culture, and recent changes, which affected criminal justice systems in Saudi Arabia, Germany, and the US.

Historical and Cultural Aspects

Saudi Arabia is a country located in Western Asia and the largest domain in the Middle Asia region. Various ancient civilizations inhabited the territory of which the state currently consists. The primary religion of the nation is Islam, which guides the cultural development of the country. Due to this fact, Saudi Arabia’s criminal justice system is Islamic (Dammer & Albanese, 2014). Germany is among the most developed countries both in the world and in Europe.

The domain was inhabited by different tribes, which further formed the Holy Roman Empire. Its criminal justice system is based on civil law principals. It can be argued that historically and culturally, the US and Germany are similar. Primarily this is because immigrants populate the US; most of them are from European countries. The US criminal justice system is based on common law principals (Dammer & Albanese, 2014). Thus, the traditions and distinct cultural features were transformed and further transformed into the new environment.

Common-Law System

The Constitution guides the US criminal justice system and is executed by a network of federal and state institutions. Additionally, the criminal laws and their interpretation may vary based on the level on which a case is examined, however, all of them are based on the Constitution (“U.S. criminal justice system,” n.d.). The laws of the country identify different punishments or crimes, among which there is the death penalty. It is imposed on people who have committed severe crimes; however, each case and its particular aspects are examined by the court. It should be noted that common law adheres to no specific code as a guide.

Historically, the system was formed due to different events that impacted the country’s development. The primary factor is the development of the US because the common law system was established in England. However, it should be noted that in the Middle Ages, the practice of “establishment of judicial decisions as the basis of common law and legislative decisions as the basis of civil law” became common in the country (“The common law and civil law traditions,” n.d., para. 10). Thus, both civil and common law influenced the criminal justice system in the US due to its historical connections with England.

Louisiana is a state in the US that differs from the other countries in its legislative regulations. Due to its history of being owned by France and Spain, the state adheres to the civil law principals. This connects the US criminal justice system with the German because both apply similar approaches to the legal system. It can be argued that political motives prevalent in the 1800s impacted such division.

Therefore, the culture brought from European countries impacted the development of the legal system of common law in the US. Additionally, according to Harris (2018), recent polls display a change in society’s perception of criminal acts. This may be connected to the presidential elections and a modification of the country’s course. Both politicians and the general public have spoken out regarding possible adverse effects of severe punishments (Lee & Webb, 2018). This new view can result in sharp changes made to the current system. Therefore, it can be argued that criminal justice has influenced the cultural environment of the country, primarily issues regarding incarceration for minor crimes.

Islamic System

Saudi Arabia’s culture and historical development were strongly influenced by religion and culture. Due to this fact, its criminal justice system differs drastically from that of the US or Germany. Traditionally, the country and its leaders support a conservative view on laws and their execution. According to Dyer (2016), there is no criminal code in the country, which would strictly regulate its legal system. Instead, religious laws and beliefs are applied to identify criminals and their punishments. This leads to judges having great freedom in identifying crimes and suggesting adequate penalties for them.

The criminal justice system in Saudi Arabia adheres to laws and standards, which were developed historically following the nation’s religious beliefs. Dyer (2016) provides a clear example to illustrate the actual state of justice in Saudi Arabia by recalling the 2013 execution of five Yemenis accused of murder. The act was carried out by the authorities, and the bodies were put on display as a warning to others. Dyer (2016) describes these actions as “standard practice in the desert kingdom” (para. 2).

The distinct feature of this legislative system is that one may be severely punished for non-criminal actions as well. At first glance, Saudi Arabia’s criminal system may punish more people than any other country in the world. Dyer (2016) disagrees by stating that both China and Iran have more death penalties than the domain in question. However, the severity of punishment and practice of displaying dead bodies is prevalent in Saudi Arabia.

Culture and religion had a massive impact on the development of Islamic criminal justice. Saudi Arabia recognizes sorcery and adultery as law violations. Additionally, punishments are not limited to imprisonment or the death penalty. People may be subjected to “beheading, whipping, crucifying and stoning” (Dyer, 2016, para. 10). These two aspects display distinct differences between Islamic and Common law systems. An example is the case of Ali Hussain Sibat from Lebanon, who visited Saudi Arabia in 2008 (Dyer, 2016). Sibat was accused of predicting the future in his TV show, for which he was sentenced to death.

Therefore, Saudi Arabia’s criminal system was affected by the country’s history and religion. Recently, Saudi Arabia has developed a course to change its criminal justice system and make it more relevant to modern aspects of living. This was primarily affected by politics and culture, as according to Alsharif (2018), both late King Abdullah and the country’s citizens have shown support for a shift towards laws that would support human rights. The international community and nation’s activists highlighted this legal issue. Thus, the culture and its recent trends have impacted the development of Saudi Arabia’s legal system.

Conclusion

Overall, the US, Germany, and Saudi Arabia have different historical and cultural backgrounds. Due to this fact, countries have developed varied criminal justice systems. Most notably, the US has combined civil and common law traditions because of its connection to European countries in the 1800s. Saudi Arabia was primarily affected by religion, and it remains the primary guide applied to criminal justice. However, both countries are experiencing a cultural shift towards a less rigid approach to punishments.

References

Alsharif, D. T. (2018). A fast pace of change in the Saudi legal system. Arab News. Web.

Dammer, H. R., & Albanese, J. S. (2014). Comparative criminal justice systems (5th ed.). Wadsworth, OH: Cengage Learning.

Dyer, E. (2016). The roots of Saudi Arabia’s harsh system of justice. CBC News. Web.

Harris, H. (2018). The American people have spoken: Reform our criminal justice system. The Hill. Web.

The common law and civil law traditions. (n.d.). Web.

U.S. criminal justice system. (n.d.). Web.

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