Impact of Globalization and Neoliberalism on Crime and Criminal Justice

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Introduction

Globalization entails the conception of principles, perpetuated by both governments and organizations that have altered the way nations perceive the obligation for a criminal justice system and the ability of the governments to control crime in society. With the emergence of transnational crime, there have emerged new kinds of crime that have been described as a serious problem at the turn of the millennium. A number of institutions and organizations monitoring the emergence and expansion of new crime waves have identified criminal aspects of globalization as grave domestic and international security threat. Some argue that transnational crime undercuts neoliberal policies and the performance of an ever rising number of capitalist market-driven economies through out the world.

Accordingly, various solutions have been suggested and implemented with most of them being relatively extreme and involve covert strategies, approaches and processes carried out by intelligence services and their means are usually invasive all in the name of fighting global crime. Neoliberalism is also an ideology which supports the lenience of economic policies to acknowledge multinational organizational interaction in trade so as to capitalize on the private business sector and reduce the role of the state in business. Through neoliberalism, some cultures, societies and political policies have evolved to using business oriented systems based on competence, liberal thinking and individual governance so that individuals rather than governments and corporations take charge of risks. Consequently, this category of market based thinking has become rather popular and is finding its way into the area of public and poignant interaction. This essay aims at unearthing the impact globalization and neoliberalism have on crime and criminal justice.

Impacts of globalization and neoliberalism on crime

With the permeability of international borders through globalization and neoliberalism severe cross-border waywardness has undoubtedly come to the awareness of the international community though only diminutive organized research has been committed to comprehend the causes, pattern, essence and consequence of severe international crime due to the low attention given to the acts by international governments and organizations. Without fully understanding the impacts of globalization and neoliberalism on crime, the crime is therefore basically a moving target for the stringent measures being studied and put into practice in various countries.

Consequently the stringent measures may lead to collateral damage due to the application of envisaged policies to curb international crimes that have not been intricately studied. It is therefore imperative to start at the kernel of the issue by understanding the effects of globalization and neoliberalism on crime.

Urbanization

The most immediate and visible result of globalization and neoliberalism is the emergence of metropolitan centers. Organizations and companies that are seeking to expand their asset base will do so in different countries while employing residents of the nation either as permanent or casual workers (Findlay, 1999). Governments are also involved in the development of areas of interest by providing tools, equipment and infrastructure for the organizations thus coming to a business agreement with the organizations (Hogg, 2007). In addition, neoliberal ideology promotes the market or business way of thinking which in turn allows an urban population to effectively do business and enrich themselves (Nelken, 1998). This leads to the rapid emergence of cities where numerous opportunities are available for individuals with interest as wells as qualifications to work in the metropolitan areas (Fletcher, 2002).

The inevitable result is that people from other areas will migrate towards the towns consequently surpassing the number of available opportunities. Competition then sets in with individuals seeking similar opportunities endeavoring to out-do each other by attaining higher qualifications. This means that some qualified individuals are left without jobs while other individuals seeking jobs continue to migrate towards the city (Hirsh, 1997).

According to Anthony and Cunneen (2008), the influx in population leads to the emergence of slums where a high number of those living there are unemployed or casual laborers hence the slums are comprised of low income earners. Most of the unemployed end up doing odd job for sustenance due to the fact that urban lifestyle is expensive since every item is purchased including water. Consequently, a significant percentage of slum dwellers also turn to crime since they have no other option bearing in mind that all job opportunities have been allocated (Barak, 2001).

Competition amongst the highly qualified also churns out a large number of well educated, unemployed individuals who engage in elaborate crimes and syndicates that siphon a lot of money usually through the internet, identity theft or dubious bank accounts as identified in Fletcher’s work (2002, pp. 132-138). According to Michalowski (2009) changes in urban life and systems due to neoliberalism were studied in six Latin American nations which are Uruguay, Brazil, Peru, Chile, Argentina, and Mexico. The ultimate study titled “The Free-Market City: Latin American Urbanization in the Years of the Neoliberal Experiment” was availed by Alejandro Portes and Bryan Roberts. The Free-Market City was basically a comparative study that took into account data from census, surveys, and fieldwork. Neoliberalism analysis was comprehensive in the six countries with various aspects being studied among them, urban unemployment, informal jobs, urban disparity, poverty and urban crime and victimization (Devetak, 2007). The facts and figures assembled showed a strong relationship between the economic policies implemented trough neoliberalism and the consequential patterns brought about by urbanization.

Illegal trade of goods and drug

Globalization and neoliberalism eventually led to the marketing and sale of restricted goods and drugs. A report compiled by the United Nations Office on Drugs and Crime (UNODC) revealed that the global drug trade alone accumulates annual revenues of more than three hundred billion dollars(Fletcher, 2002). It is in this perspective that drugs from Afghanistan and Mexico are able to find their way into America and Canada while firearms from Austria are smuggled to Africa and parts of Europe. In addition, human trafficking has risen exponentially with approximately six hundred thousand Africans being smuggled into Europe for sex trade (Michalowski, 2009). The United Nations estimates that there are in excess of forty million addicts of heroin, cocaine and synthetic drugs through out the world.

Endangered species products are also highly restricted but globalization and neoliberalism have created ready markets for such products in different parts of the world (Findlay, 1999). The ivory from elephants for instance has a ready market in china and since the trade of ivory is illegal in many African countries, traders have resulted in poaching which has drastically reduced the number of elephants in countries such as South Africa and thus reducing the revenue generated through wildlife tourism (Devetak, 2007). Another example is of Japan which has a huge market for blue fin tuna which is bought at a very high price hence open sea fisheries often sell the fish in Japan with some specializing in the capture of blue fin tuna. However, the fish is on the verge of extinction and unless the fishing of that species subsides, they may become extinct (Michalowski, 2009). The international trade of endangered species and their parts such as turtles, seahorses, rhinoceros horns, leopard skin, whale oil and tiger parts has resulted in a black market which has led to the extinction of some of the species (Nelken, 1998).

Inequality

Globalization and neoliberalism are hugely responsible for the escalation of economic disparity. Findlay, (1999) observes that neoliberalism also referred to as the American Market Model, has the propensity to encourage low wages and high inequality. Economists have determined that neoliberal policies have been a substantial component of the U.S. economy where just 40% of the working class populace in the U.S. is regarded as satisfactorily in employment (Barak, 2001). Studies reveal that more than 28% of workers in the U.S are low income earners while a further 37% of the workers are employed on a wage basis.

The Centre for Economic Policy Research (CEPR) assert that a succession of premeditated, neoliberal policies such as the anti-inflationary bias, anti-unionism and exploitation of the health industry have been the motivation leading to the rising inequality in the U.S (Hirsh, 1997). According to CEPR, intensive Anglo-American neoliberal policies have led to a significant rate of social exclusion which incorporate among others high differences in income, high relative and absolute poverty rates, poor and disparate academic results, different health outcomes, and high rates of crime and imprisonment (Anthony & Cunneen, 2008). Consequently, the marginalized groups will turn to crime either as a source of income or as a way to vent against the inequality in society (Sassen, 2000).

In addition, globalization and neoliberalism lead to a better standard of living in society but low income earners are often excluded from social development (Findlay, 1999). Consequently crime becomes a viable option for one to fit into society or for one to be considered well off. For instance a large percentage of the Aboriginal community in Canada has been poor and marginalized for a long time while the society around them continues to develop. As a result, a large percentage of aboriginals are criminals with five out of eleven prisoners being members of the aboriginal community (Devetak, 2007).

Terrorism and mercenaries

With the ever increasing opportunities brought about by globalization and neoliberalism, business and organizations have a chance to invest in foreign countries. However, there are cases where the local population is disgruntled with the way foreign companies are handling a particular resource (Hirsh, 1997). For instance the international companies that mine oil along the Niger delta are constantly faced by threats from rebels who protest that the occupants of the region are not receiving proceeds from their land’s resources (Findlay, 1999). Consequently, reports of kidnaps, attacks, bombings and shootings have been raised with the rebels targeting foreign workers (Anthony & Cunneen, 2008).

In addition, different governments or organizations invested in a particular a nation may have differences in ideology, values, principles or policies (Hogg, 2007). In secluded cases, these nations will fail to come to a diplomatic agreement and hence unleash covert war tactics on each other. The end result is that small private armies are formed to assault or defend a particular nation’s interest and eventually, these armies for example the Taliban become too strong to control and terrorism acts prevail with instances such as the London train bombing and the Twin Tower bombing (Michalowski, 2009).

Impacts of globalization and neoliberalism on criminal justice

Barak, (2001) affirms that due to the increasing number of crimes and the dynamic state in which some of the crimes are committed, it has become imperative for the criminal justice systems to undergo various amendments in order to incorporate international crimes. The development of the technological age in particular has led to a new wave of crime involving internet and credit card accounts meaning a crime committed in Africa can be affecting someone in the United States (Nelken, 1998). Consequently, several measures and laws have been put in place by regional and international governments either as collaboration or singly in order to formulate mechanisms in which crimes with vague jurisdiction can be handled (Sassen, 2000).

Courts

With the expanding social space created by globalization and neoliberalism, there had been the need for a central point in which global conflict could be resolved. This led to the creation of the International Court of Justice (ICJ) in The Hague, Netherlands in 1945 as the prime judicial division of the United Nations (Sassen, 2000). The main function of the ICJ is to resolve disputes between nations and also acts as legal council to the UN General Assembly (Devetak, 2007).

The International Criminal Court (ICC) was established in July 2002 as a permanent tribunal after the implementation the Rome Statute of the International Criminal Court. The role of the ICC is to investigate and prosecute criminal acts of a large scale which a state is either unwilling or unable to prosecute (Anthony & Cunneen, 2008). Such criminal cases include genocide, crimes against humanity and war crimes (Sassen, 2000).

Policing

Devetak, (2007) confirms the fact that the cross-border patterns in which crimes are committed has led to the formation of international policing bodies with the authority to investigate and arrest individuals in most countries. The most prominent bodies are International Criminal Police Organization (INTERPOL) and Central Intelligence Agency (CIA). These organizations work in collaboration with the host country in which an active investigation is being carried out and work in liaison with over one hundred governments.

The CIA also collects information regarding foreign governments, companies, and individuals, and also plays an advisory role in shaping public policies (Findlay, 1999). Furthermore, due to the active nature of the terrorism threat to many nations, special anti-terrorism units have been formed to actively pursue terrorism suspects and monitor terrorism activities to avoid attacks (Barak, 2001). The Joint Terrorism Task Force in the U.S for instance plays an active role in investigating terrorism threats (Michalowski, 2009). Other departments such as Computer Analysis and Response formed by the FBI were designed to monitor and prevent cyber, hi-tech and other forms of white-collar crimes (Fletcher, 2002).

Conclusion

Globalization has certainly led to the emergence of a universal product market hence extending consumers’ access to a wider range of foreign products. This has allowed for an exponential rise in international trade which has conversely increased the rate of both domestic and international crimes. Trafficking of drugs, weapons, prostitutes and children has become a major threat to the stability and economy of various countries with organized crime running underground or shadow economies.

Neoliberalism on the other hand has opened up new markets and business opportunities though higher economic freedom which has led to a better standard of living. However, neoliberalism has also led to social stratification with certain neoliberal policies being perceived as discriminatory hence disparity among the working class. Generally, globalization can be attributed to the surge in international crime and the emergence of international bodies to fight global crime. Conversely, neoliberalism has been mainly accredited with causing local crime through inequality thus the development of specialized bodies to monitor specific crimes.

References

Anthony, T & Cunneen, C. (2008) Critical Criminology Companion. Annandale: Hawkins Press.

Barak, G. (2001) ‘Crime and Control in an age of Globalisation: A Theoretical Dissection’, Critical Criminology, vol. 10, no. 1, pp. 57-72.

Devetak, R. (2007) ‘Globalization’s shadow: An introduction to the globalization of political violence’, in Devetak, R., Hughes, C. (eds) Globalization of Political Violence: Globalization’s shadow, Taylor and Francis, Abingdon.

Findlay, M. (1999) Globalisation of crime: understanding traditional relationships in contexts. Cambridge: Cambridge University Press.

Fletcher, K. (2002) ‘Globalisation and Criminal Justice’, Hecate, Vol. 28, No. 1, pp. 132-138.

Hirsh, J (1997) ‘Globalization of capital, nation-states and democracy’, Studies in Political Economy, vol. 54, No 2, pp. 39-58.

Hogg, R. (2007) ‘Criminology, Crime and Politics Before and After 9/11’, Australian and New Zealand Journal of Criminology, vol. 40, No. 1, pp. 83-105

Michalowski, R. (2009) ‘Power, crime and criminology in the new imperial age’, Crime, Law and Social Change, vol. 51, no. 3-4, pp. 303-325. &

Nelken, D. (1998) ‘The Globalisation of Criminal Justice’, in Freeman, M. (ed) Law at the Turn of the Century. London: Oxford University Press.

Sassen, S. (2000) ‘The State and Economic Globalization: Any Implications for International Law?’, Chicago Journal of International Law, vol. 1, No. 1, pp. 109-117.

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