Assignment Instructions
Imagine you are traveling abroad in your chosen country when you witness a local national committing a violent assault. The criminal is arrested and charged by the police. Upon returning to the United States, a professor in one of your criminal justice classes asks you to complete a written report on your experience.
Write a three to five (3-5) page paper in which you:
- Determine the pertinent demographic, social, political, and economic factors about your chosen country.
- Examine the manner in which your chosen country’s criminal code would likely view the crime you witnessed. Provide a rationale for the response.
- Choose two (2) individual rights that the United States grants criminal suspects, such as search and seizure, right to counsel, etc., and analyze the country’s perspective on each right. Provide support for the analysis.
- Investigate the manner in which the police in your chosen country would likely treat the defendant. Provide justification for the response.
- Classify the fundamental similarities and differences between the police culture in your chosen country compared to the United States.
International Violent Assault Witness Report – Paris, France
During the Christmas holiday, I was lucky to take a trip to Paris, France. My stay was not all enjoyable, as one night I witnessed a local national committing violent assault. I was mesmerized by jewelry in a store, and I walked in to have a closer look. A few minutes later, a masked individual came in with a gun and violently assaulted the store keeper, leaving him at the brink of death. Fortunately, I remained hidden and was able to call the local police who arrived within a short period. The assaulter was arrested and charged by the police. This paper features an analysis of the violent crime, and compares how France handles such cases to the United States.
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Pertinent Factors About France
Considering all Western nations, France is the one that is majorly plagued by immigrations. The number of Muslims moving to this country is high, and this is threatening the European identity of this country. This is majorly because, due to the constantly increasing numbers, Muslims feel like they have power to impose their ways on French people. Currently, the Muslim population has hit five million, a number that has also encouraged the instances of crime in the country (Von Drehle et al., 2015). Previously, France was a peaceful country but now it is faced with all sorts of crime, including gender based crimes.
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Due to this increased Muslim population, France faces a threat of increased violent crime due to rising levels of inequality. For example, Muslims may feel like they are being blamed for the rising crime rates of France, and that they are not being considered in the making of policies and passing of laws (Salem, 2013). As a result, hatred may be stirred due to jealousy, and in the end violent crime may occur.
Monetary poverty in France, a factor that has been maintained at a stable position for some time, is also another possible trigger of violent crime. This usually affects around one or two in ten households. In this country, poverty is multifaceted into three parts: low monetary resources, budget balancing problems and also poor living conditions (Von Drehle et al., 2015). Households that are suffering from all three forms usually feature individuals who managed to attain low education levels, and are thus unemployed.
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How France’s Criminal Code would likely View the Violent Assault
Judging from the present situation in France, its criminal code would likely view this form of violent assault as religion based. Considering most of the violent crimes that have been taking place, it is possible that what is actually happening in France is a religion based war. This is because the individuals who are attacked are always considered to be Jewish, while the attackers Islamists (Salem, 2013). This has been the trend ever since tension started rising in this country due to the steep increase of Muslims in the country. It may have easily been a coincidence, but the attacker later claimed to be linked to Islam militants, while the store owner was Jewish. The population disturbance in France is truly causing a great effect on the crime rates of the country. A previously peaceful country is now at war.
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Individual Rights Granted to Criminals
In the United States, Criminals are granted certain rights such as the search and seizure, and also right to counsel. The Fourth Amendment to the U.S Constitution resulted to a limit of police power to arrest people and carry out unreasonable searches and seizures (Fourth Amendment, 2014). This is usually viewed as ignoring the individual’s right to privacy, which is why without probable cause that is supported by oath and affirmation, the police shall not be given any Warrants. When there is probable cause, the warrant specifies the place to be searched, and which types of things can be seized. In France, the search and seizure laws do not necessarily protect the privacy rights of individuals. As a matter of fact, the police have been given extensive powers when a crime is underway or has just been committed (Slobogin, 2012). Otherwise, they may need court authorization to carry out the process. This means that criminals are not protected, but only those whose actual position is yet to be determined.
The right to counsel in the United States also differs from that of France. Criminal suspects in the United States are entitled to enjoy assistance of counsel, despite the nature of his or her offense (Sixth Amendment, 2014). This is what is stated in the Sixth Amendment to the United States Constitution. This clause covers five distinct rights including; the freedom to chose counsel, right to an appointed counsel when the criminal suspect cannot afford one, right to a conflict-free counsel, right to rightful representation by the chosen counsel, and also the right to represent oneself pro se. In France, the defendant is only entitled to counsel when being judged on severe crimes.
Considering these criminal rights, the Police in France will most likely consider searching the apartment of the defendant and seizing various items since the crime has just happened. This is justifiable as the criminal will not be protected against privacy invasion. Next, the police will be forced to ensure the presence of counsel as the crime is a severe one. This is because the law in France states that it is compulsory for a defendant to have counsel when the crime is severe.
Conclusion
The France police cultures are similar to that of the U.S in that they both are focused on ensuring the safety of the community. They both are guided by the constitutions of the countries. A big difference, however, is that the police culture of the U.S seems better than that of France in terms of respecting individual rights. Without counsel, it is possible that many people have been wrongfully judged in France, compared to the U.S. It is important to ensure that all rights are respected despite the situation of the individual. It is also important to stick on facts, rather than make assumptions regarding the present issues facing a country.
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