Computer Crime

According to Edwin Sutherland, white-collar crime is defined as actions committed by individuals in high social status in the course of their occupation to secure economic gain. Such white-collar crimes include computer crime, bank fraud, falsification of expense accounts or other records, price fixing, embezzling, bribery, insider buying, forgery, and theft of materials (Jacobson and Green, 2002).

Criminologists identify two main types of white-collar crime, including occupational and organizationalcorporate crimes. Occupational crime occurs when crimes are committed to promote personal interests. Crimes that fall into this category include altering books by accountants and overcharging or cheating clients by lawyers. A much more costly type of white-collar crime occurs when corporate executives commit criminal acts to benefit their company. There are a variety of corporate crimes that include the creation of inferior products, pollution, price fixing, tobacco companies that add nicotine to cigarettes, energy crisis, financial crisis, etc.

Stanley Mark Rifkin and Kevin Mitnick were both convicted in occupational type of white-collar crimes committed when Rifkin was responsible for developing a backup system for the Security Pacific National Bank and Mitnick was a computer security consultant. Though, if to compare both criminals and nature of their crimes, it is obvious that their aims are rather different. Rifkins main purpose of the crime was to secure economic gain by stealing 10.2 million dollars via telephone wire transfer, which he later used to purchase 43,200 carats (8.6 kg) of diamonds from a Russian supplier to be sold back in the United States (, 1978). On the contrary, all the confirmed and alleged criminal acts of Mitnick have never been associated with actual money or bank transfers he was mainly hacking logins and passwords of different systems to gain full administrator privileges, to view source code, to get access to corporate manuals and email correspondence, to make free cell phone local and international calls, etc. In such a way, despite both criminals are related to white-collar crimes category, computer-related (or better to say telephone-related) offense of Rifkin fits more Sutherlands definition of a white-collar crime than the offense of Mitnick since the last one never seek for direct economic gain from his illegal computer-related abuse actions.
For his first confirmed criminal act of breaking into the computer network of Digital Equipment Corporation (DEC) Kevin Mitnick was sentenced to twelve months of imprisonment followed by three years of supervised release, which he did not complete successfully by hacking into voice mail computers of Pacific Bell and becoming a fugitive for two and a half years (Jacobson and Green, 2002). Though, being arrested in 1995, Mitnick was sentenced to forty-six months of imprisonment for that crime and twenty-two months for violating the terms of his 1989 supervised release sentence (Rosoff, Pontell, and Tillman, 2002). It was rather fair court decision for the illegal actions Mitnick did. Though, when Rifkin was first arrested and taken to the Metropolitan Correctional Center in San Diego, he was soon released on bail, which sounds rather unfair and strange if to consider multimillion-dollar bank heist he organized. Only later when Rifkin tried to target the Union Bank of Los Angeles the court decision for ten years of imprisonment was fair, although after pleading guilty Rifkin was sentenced to eight years in federal prison (, 1978).  


Lord of War is a movie directed and written by Andrew Niccol released on September 16, 2005 in United States which stars Hollywood actor Nicolas Cage. In this movie, Yuri Orvalov (Nicolas Cage) is an illegal arms dealer (similar to two famous dealers of the post-Soviet Union Leonid Minin and Viktor Bout). The movie offers stories about transnational crime with conspiracy of some government officials of different countries. Various human rights organization like Amnesty International endorses the film for highlighting such transnational crime issues including smuggling of weapons by an international arms industry. Moreover, the director says that some events on the movie have historical similarity after the end of Cold War, particularly in 1990s when Tropical Africa bought illegal weapons that allegedly came from the former Soviet Union, to make the story enthusiastic and exciting to the public.

The story of the movie begins with a boy born in Ukraine, Yuri Orlov, after their family migrated to America before the collapse of the Soviet Union. After settling in the United States for a few years, his parents put up an authentic cuisine in Brighton Beach, New York. However, there are only few customers eating in their restaurant. Disappointed with their business, Yuri wants to have a business that could save his family. One day, he witnesses a shoot-out between two rival Russian mobsters. His escapes in this shoot-out led him to the crucial moment of his life, becoming the biggest American gunrunner in the United States. Thus, he says, People are going into the restaurant business because whatever happens they are going to eat. That was the time I realized my fortune rest in satisfying another basic human need. He further reiterates the fact that if there is only one out of every twelve people carrying guns, then he wants to figure out how to arm the other eleven.

Yuri convinces his young brother, Vitaly Orlov (Jean-Pierre Nshanian), to join him in his illegal business of smuggling weapons and ammunition to different countries. This act according to him is a common transnational crime committed by many mafias organization in United States. His brother agrees with his plan and sarcastically commented, It is a hell of a career shift. Their first break comes during the 1982 Lebanon War, when they supply guns like AK-47 and bullet to both sides of parties involved. They find their position under the two parties involved in war, selling to organization suffering under authority and the groups involved in creating chaos to society.

As his business nurtures, Yuri tells of his first confrontation with Jack Valentine (Ethan Hawke), an Interpol agent who cannot be bribed with money (since he has many government officials bribed with huge amount). He constantly avoids Agent Valentines arrest particularly when he modifies his boats name from Kristol to Kono e. From time to time, Yuri is constantly under threat with agent Jack Valentine.

During his business agreement with a Columbian drug lord, Yuri and his brothers are paid with six kilograms of cocaine instead of money. At first Yuri did not want to get the drugs, but he does not have any option since he was shot in the process of the negotiation. Consequently, after the incident his brother takes one kilogram of cocaine to get high and forget what they experienced. Vitaly then became addicted to drugs and Yuri puts him in the rehabilitation center.

Leaving with no option, he is the one manages to run his own business. After a few years, his business becomes established and he engineers meeting with Ava Fontaine, (Bridget Moynahan), the woman of his dreams, and enhances her on a complicated seduction. He introduces himself as the wealthy owner of an international transport business. As Yuri narrated in the movie, Some of the most flourishing affairs are based on lies and deception. Since they were usually end up anyhow, its a rational place deception at the start. Contrary to his work, Yuri is a family man. He and Ava bear one child named Nicolai (Nalu Tripician) which they nurture properly. Afraid that his son will follow his foot steps (arms dealer), he eradicates all toy guns and shadows of his work from his sons life.

During the Christmas day of 1991, he hears from Mikhail Gorbachev the news of the break-up of Soviet Union. Taking an advantage of the situation, he is lucky enough to get a huge transaction from African region. He directly goes back to Ukraine, knowing that there are vast supplies of weapon in the former Soviet state. He arranges a conspiracy with his uncle Dmitri (Yevgeni Lazarev), one of Ukrainian general, to sell the weapons to these countries. (In between 1982 and 1983, 32 billion worth or weapons were stolen in Ukraine alone. No perpetrator has ever been detained and prosecuted. For most of the researchers, they believe that this is the greatest robbery of weapons of the 20th Century.)

The smuggled weapons he gets from his uncle were mostly sells in a war zone in Africa. He avoided floating embargoes of various weapons in some region to avoid problems in the future. One of his finest customers is an African warlord Andre Baptite Sr. (Eamonn Walker), the self-declared and ruthless dictator President of Liberia.

However, the crimes in West Africa resulting from the incursion of weapons bring greater pressure from the Interpol and other international community. Agent Valentine apprehends Yuri but cannot make the charges because of lack of evidence. One of the subordinates of Agent Valentine suggests killing Yuri. However, Agent Valentine would rather let Yuri walk as a free man if the cost of killing and stopping him is his own humanity.

To stop Yuri from his evil act, Agent Valentine reveals to Ava that he is an arms dealer to different countries. As a result, Ava convinces Yuri to stop his illegal business. For s brief period, Yuri becomes a legitimate businessman. However, he cannot fight the urge of his nature as an arms dealer. Again he continues to his illegal business.

On one of his transaction, he brings Vitaly to Liberia. However, an unexpected event happened during the transaction. Vitaly sees a crowd of villagers kill a woman and her child. He tries to convince Yuri to stop the villagers and help the woman but Yuri refuses. In effect, Vitaly gets a grenade and blows up half of the gun delivery. A few nearby soldiers saw what happened and immediately kill Vitaly. However, instead of blowing all of the shipment for Vitalys death, Yuri goes back to the negotiating table and finished the deal.

Returning home, he was arrested at the airport by Agent Valentine together with his brother body. Thus he said, Ive smuggled millions of rounds of ammunition and the bullet that lands me in prison is found under my lifeless brothers rib. In effect, his parents ostracize and blame him for the death of his brother. His wife abandons him, taking his son. Finally, Agent Valentine convinces him that he can now find evidence to put him in jail since he found a container full of ammunition and weapon in his warehouse matching with the bullet found with his brother body. However, Yuri reiterates that his superior will not allow him to be convicted. They still need him to distribute weapons and ammunition. They need someone to distribute weapons and ammunitions when the first-world countries do not want to be directly involved. True enough, he is released in prison in jail when a United States Marine officer talks to Valentine.

It is very clear that the conspiracy between high government officials, military and other high organized crime organization are present to bring transnational crime into different regions of the world. At the beginning of the film, the nature and variety of the crimes being committed seems unlimited  drugs, human trafficking, gun smuggling and others. But no region of the world seems resistant to this threat, especially the United States. According to Finckenauer, America is the land of opening for receiving criminal goods like guns (as seen in the movie) and laundering dirty money. This is for the reason that United States is a democratic country and transnational crime can easily be committed by criminal organizations whose existence has continuity over time. Moreover, the use of organized violence and corruption make their illegal activities possible because of this issue.

Lord of War is a very good movie that shows a transnational organized crime violated by the lead actor Nicolas Cage. As seen in the movie, although it might be a common crime, transnational crime is not presents everywhere. Certain characteristics seem to differentiate the countries troubled by transnational organized crime from those that are not. Some of these characteristics simply show to be in a parallel condition, whereas other are considered being facilitator, and other could actually be eligible as reasons of organized crime. The general level of crime seen in the film is an apparent primary condition for organized crime. For example, High-crime countries are more likely to have transnational organized crime (as seen in the character of Andre Baptite Sr.) than low-crime countries. This is for the reason that common crime and organized crime are related to the degree of industrialization and urbanization of a society.

As mentions by Finckenauer, organized crime will be more likely to succeed in countries with high or advanced levels of economic development. Urbanization, industrialization and economic development facilitate and create demand for good and services. These include goods and services that are illegal (such as drugs) and regulated (guns that are seen in the movie). When both of these goods and services are in short supply, as seen in the movie, there is an abundant supply of unregulated and legal product. Thus, there is no way for this organized crime to become supplier.

However on the opposite condition, organized crimes succeed since they need to fulfill unmet demand of illegal and regulated product. This demand includes drugs, firearms (as seen in the movie), or sex workers, or it maybe service such as determining argument when there is no suitable legal means of doing so.

The movie shows the nature of criminal opportunities (character portrayed by Nicolas Cage) available in a particular place and situation that also influences the existence of an organized crime. Moreover, the extent to which particular criminal opportunities (when Yuri witnessed a shoot-out between Russian Mafias) can be exploited to explain the presence or absence of an organized crime. Some crimes can be done quite easily by criminals acting alone (Yuri) or in an organized manner. The last part is especially true of crimes that are committed across national boundary.

With respect to transnational organized crime, certain, infrastructure and geographical characteristics, including the presence of international airports, presence of seaports, border national locations and other pertinent information in one country that provides special criminal opportunities to occur. More so than common crime, transnational organized crime is fed by the presence of ethnic minorities who provide an organized supply for both victims and the offenders (Yuri both supplies weapons between two parties involved). Moreover, it thrives in environments characterized by high tolerance of deviance, especially where government and law enforcement are weak or corrupt (Yuri supplies weapons and ammunition to countries with weak government such as Liberia).

With respect to profit generated, transnational organized group generates more than legitimate business, which are subject to domestic and host country laws and regulations. Thus, as these transnational organized groups accumulate power and influence, government agencies charged in eradicating them are actually declining in effectiveness and capacity (Yuri despite of hard evidences, is not charged with any crime and at the end continue to supply weapons and ammunition to different countries). In this case, neither the federal nor the regional governments posses the resources to counteract these transnational organized crime. The key word to eradicate this kind of conspiracy is the political will of different government officials. If this problem (transnational crime) is not solving appropriately, organized crime networks will only become powerful in the near future. In effect, super power countries (like the United States) will face serious problem especially in national security.

Juvenile Justice System

The paper discusses criminal justice system in relation to juvenile system. The paper focuses on rehabilitation strategy as the focus for juvenile justice system. Rehabilitation programs are therapies which enables the youths to reenter the society and become productive members of the society after involving in delinquent behaviors. This program is also found to impact other justice programs such as probation, community services, and court proceedings. The paper discusses deeply why this strategy should be adopted and its advantages over punishment.  

Juvenile justice system is a separate system set up for young offenders, complete with juvenile police officers, and juvenile courts. Although any police can arrest juvenile for illegal activities, once they are put into custody they are transferred to juvenile officers who then proceed with their case. There is a difference between juvenile justice system and that of adults. The juvenile courts are more informal as compared to adult courts.

There has been a lot of debate over whether punishment or rehabilitation should be the focus of the juvenile justice system. In the past years, the focus has changed from punishment to rehabilitation and then back to punishment. The change in focus is attributed to the communitys reaction to juvenile delinquents instead of how well the adopted strategies help young offenders change. Rehabilitation should be the main aim of juvenile justice system, although punishment should not be abandoned either. The paper will discuss why rehabilitation should be the focus of juvenile justice system (American Civil Liberties Union, 1996).

Rehabilitation can be described as programs or therapies that enable juvenile delinquents to be accepted back into the society as a contributing member to the community. Such programs include behavior modification therapies, education, work programs, and counseling. Each and every program is directed at correcting an area that needs to be improved or corrected in a young offender (The League of Young Voters, 2009).

Reasons for rehabilitation
The juvenile justice system should adopt rehabilitation because it reduces the time spent in prison, able to tackle more of the delinquent needs it gives delinquents an opportunity to become productive members of the society, and also lowers the cost associated with imprisonment of youths (Day, Howells,  Rickwood, 2004). According to the article juvenile justice system, criminal justice system should focus on rehabilitation for the juveniles because focusing on punishment at the expense of rehabilitation results in more repeat offenders and rob the society and the offenders the potential of change. The logic behind this reason is that the offenders are being punished for their deviant actions but are not taught how to reenter the society as contributing members. The initial intention of designing juvenile courts was to be flexible, informal, and to rehabilitate (Mellen, 2008).

The second reason why juvenile justice system should focus in rehabilitation is because it offers the offenders with the opportunity to learn about their behavior, how it affects the society, and the steps they can take to stop the behavior. After the delinquents have learned their behavior, its effects and how to avoid it, they are able to reenter the society as productive members. When they finally go back to the society they have trust in themselves that they can be successful and can contribute positively towards nation building. Without rehabilitation, there are high chances that many offenders will continue with their behavior in adulthood (Shepard, 2009).

Most studies carried out across the world in juvenile justice system shows that youths who are exposed to the criminal justice agencies have several problems and require high levels of need across all areas of functioning.  An interview was conducted on May 1, 2009, with Michael who was once accused of theft, drug abuse, and assault. During the interview it came out that Michael was raised by single parent therefore lacked supervision, he was also exposed to alcohol and drug abuse, and was also subjected to abuse. In addition to the above problems, he had mental difficulties which had not been diagnosed and contributed to his delinquent problems. He was convicted as a juvenile offender for theft, drug use, and assault. He was released later on but ended up again in prison because of the same offences (Day, Howells,  Rickwood, 2004).

When Michael was asked about his views on juvenile rehabilitation, he responded that he wished he would have been rehabilitated during the time he was in prison. It is not conclusive whether rehabilitation would have helped Michael or not, but according to his family history, he had more underlying problems which really required counseling therefore he was a perfect candidate for rehabilitation. He was a repeat offender, he had social and mental problems that could have been solved through rehabilitation, and he is supporting the idea of rehabilitation in juvenile justice system (Mellen, 2008).

There is a common wrong belief that people want the juvenile justice system to be focused on punishment. Most people believe that it is only punishment which can deter youths from engaging in delinquent behaviors. To address the public view on whether rehabilitation or punishment should be the focus of juvenile justice system, several studies were conducted to get the public view on rehabilitation. The studies indicated that the public prefer rehabilitation with very few reforms in the juvenile justice system (Mellen, 2008). Getting the public view is very important on the matter of rehabilitation versus punishment. It is not true that the public believes that punishment is better in deterring the young offenders from engaging in delinquent behaviors.  Majority believe that many youths can be very productive to the society if they are given the chance to change (American Civil Liberties Union, 1996).

How rehabilitation impacts other programs
It is very important to understand why rehabilitation should be the focus of juvenile justice system. It is also very crucial to understand how it impacts law enforcement, court proceedings, probation, corrections, community services, and finally intervention programs. Successful rehabilitation process can affect the areas listed above by reducing the workload of these programs (Shepard, 2009).

Through proper rehabilitation, the successful candidates are likely to be good people and the law enforcement can focus on the new issues and offenders. Those offenders put under rehabilitation programs or those who have completed are likely to lower the case load in the courts. Juveniles who have been rehabilitated may or may not be taken on probation, while those on probation may have their probation decreased upon completion of rehabilitation. Rehabilitation can reduce the burden which the correctional facilities are facing by decreasing the number of youths being imprisoned (Day, Howells,  Rickwood, 2004).

Community services and intervention programs may be faced with increase in number of juvenile enrolled in their programs because juveniles will abide by their rehabilitation programs. Although all these areas are impacted in different ways, the result is positive since the number of juvenile offenders is likely to go down (Mellen, 2008).

Reasons why punishment should not be the focus
In the process of endorsing rehabilitation as the focus of juvenile justice system, it is also important to understand why punishment should not be the focus. Punishment is always a consequence for inappropriate behavior. When used, it will imply that the juvenile has indulged in an unacceptable behavior or act. Punishment should also be unpleasant and it is hoped that it will discourage the unacceptable act committed. Punishment should not be adopted because it fails to tackle social and mental problems which may be the cause of delinquent behavior. It also fails to know the reason for involvement in unacceptable act. Rehabilitation can and tackles these issues (Shepard, 2009).

Surveys have indicated that most youths re offends after being incarcerated because the reason why they committed the offence is not tackled. Those who are taken for rehabilitation have lower rates of recidivism. Punishment comes with a huge cost tied to it. The correctional facilities must provide for the inmates in terms of food, clothing, and education to all the youths incarcerated. According to the American Civil Liberties Union, the cost of detaining a child for one year amounts to 35,000 and 64,000 while the cost involved in rehabilitation is much less. Punishment does not reduce the rate of juvenile offence and in some situation the rate can even increase slightly. Application of punishment alone does not work (Day, Howells,  Rickwood, 2004).

Reasons against rehabilitation in juvenile justice system
Opponents of rehabilitation as the focus of juvenile justice system argue that most children from all walks of life are aware of the principle of cause and effect therefore breaking rules should be followed with punishment. Punishments which are accorded by the state are aimed at gratifying the publics demands for safety as well as protection and justice.

The aim of punishment is to have offenders pay for their offences and to demonstrate to other people what is likely to happen when they also break the law. It should be taken that breaking the law either in the form of property crime, physical crime, or murder, the punishment which will be accorded will equal the crime committed and the aim of correction is to rehabilitate with the aim of making them stable enough to enable them to get back to the society and contribute positively to community building. This is very possible with young offenders because they are still flexible and have the view of their future life ahead of them. Once the youths are allowed to start breaking law and go unpunished or rehabilitated, there are high chances that they cannot be productive to the society and even to themselves (American Civil Liberties Union, 1996).

There are some crimes which require punishment but not rehabilitation. The circumstances which led to the offence should also be considered when deciding on what strategy to use. If the crime committed is related to sex, then such offender should be punished. The same should be applied to violent crimes involving the use of guns. Lesser offences such as stealing, drug abuse, and break and enter rehabilitation can be adopted (Day, Howells,  Rickwood, 2004).

According to the theory of general deterrence, the rate of crime is likely to go down when the punishment is increased. Studies were conducted on crime rate among the youths before and after changes in law which made it possible to transfer juveniles to adult courts. The studies which were conducted before the change in the law did not show any considerable reduction in the rate of crime among the youths while that conducted after the change in the low showed some significant reduction. It was found that increasing the probability of punishment among the juvenile offenders lowers the level of crime (American Civil Liberties Union, 1996).

Advantages and disadvantages of rehabilitation
As anything else, rehabilitation has both positive and negative sides. Among its positive effects are it tackles the needs of the offender and can customize according to the needs of the offender. Juveniles who require more rehabilitative services can get and the same applies to those who require less services. It costs less as compared to imprisonment which requires about 35,000 to 60,000 per child per year. Rehabilitation costs averages less than 10,000 for every child rehabilitated in a year (American Civil Liberties Union, 1996).

The negative sides of rehabilitation are that the services must be of good quality to produce good results. It requires proper funding and staffing and these can sometimes be lacking. Although there are disadvantages to this strategy, its advantages are more. Reducing the number of youths engaging in delinquent behaviors and at the same time providing them with the help they need will always be superior to the listed disadvantages (The League of Young Voters, 2009).

Rehabilitation must b the aim of juvenile justice system because failure to provide these services affects both the offender and the community at large. By holding to the belief that there is no hope in rehabilitating the youths, the society sends a strong message that they have lost hope in their youths. Through rehabilitation, the community demonstrates their belief that there is always opportunity to change. Rehabilitation also reduces recidivism and overall costs associated with incarceration of the offenders (Day, Howells,  Rickwood, 2004). A good quality rehabilitation program is likely to reduce the work load in several programs such as court processes, probation, and law enforcement among other programs by reducing the number of juvenile offenders. For these reason and those not discussed, rehabilitation should be the focus of juvenile justice system (Mellen, 2008).

Correctional System of the Philippines Versus America

Management of Prisons and Prisoners
In the US, prisoners are guaranteed their constitutional rights (Sypherd et. al., 2001, p.1). They are given the right of access to courts, including the right to enter a law library and to have backing in the preparationfiling of legal documents (Sypherd et. al., 2001, p.1). Furthermore, they are granted with the freedoms of speech, association, and religion (Sypherd et. al., 2001, p.1). This means that he or she can articulate anything, he or she can join any organization  association, and he or she can also follow or observe any religion or belief just as long as he or she will not go against any law (Sypherd et. al., 2001, p.1). Moreover, they are also given the right to proper living conditions, appropriate medical care, as well as, lawful and humane disciplinary treatment (Sypherd et. al., 2001, p.2). In addition to the aforementioned, they also have a right to personal privacy preventing officers of the law to do search and seizures just because they feel like doing so (Sypherd et. al., 2001, p.2). Last but not least, they have the right to procedural due process preventing other individuals to just take away the prisoners life, liberty, or property without due process of the law (Sypherd et. al., 2001, p.4).

In the Philippines, on the other hand, according to a former prisoner whom I was able to interview, the management of prisons  prisoners is very poor (Dimaculangan, Personal Communication). First of all, he said that, although prisoners have rights to proper living conditions, appropriate medical care, as well as, lawful and humane disciplinary treatment, prisoners usually cannot avail of the aforementioned (Dimaculangan, Personal Communication). Living conditions are poor because there are so many prisoners inside a cell which is supposed to be good for 2 to 4 individuals only, it is also very hot inside because of lack of ventilation and lack of electric fans which may decrease the heat, food is not really good because of the lack of budget, etcetera (Dimaculangan, Personal Communication). Medical care is also not usually given because it takes time for a prisoner to request for the necessary documents for him or her to be brought for medical check-up some just die in pain because of their sicknesses (Dimaculangan, Personal Communication). Second, personal privacy is also usually violated because so many prisoners are held in one cell that when search and seizures are carried out, everyones properties are searched and seized (Dimaculangan, Personal Communication). Last but not least, prisoners usually do not have the right to procedural due process their lives are taken away without due process or without warning  they can be killed through riots or when asleep by inmates who were either instructed to execute them or have personal grudges towards them (Dimaculangan, Personal Communication).  

Population  Privatization
As of August 2009 to present, there have been 58, 743 new individual sent to prison (Bureau or Jail Management and Penology, 2007, n.p.). The United States, on the other hand, has more it already reached 211,455 as of April 29, 2010 (Federal Bureau of Prisons, 2010, n.p.).

In terms of privatization, in the Philippines, there were plans but everyone seems to oppose it (Bureau or Jail Management and Penology, 2007, n.p.). Meanwhile, in the United States, there are more than 250 private correctional facilities  very helpful for the country because less is spent and more is actually saved (Federal Bureau of Prisons, 2010, n.p.).

Security Levels
In the United States, offenders are confined in an appropriate manner  the kind of fence needed the number of staff needed the number of inmates the kind of programs that they need to go through (Federal Bureau of Prisons, 2010, n.p.). Theres a minimum security facility, administrative facility, high security facility, medium security facility, federal correctional complexes, etcetera (Federal Bureau of Prisons, 2010, n.p.).

Prison Life
It can be considered that prison life in the United States is much more comfortable as compared with the Philippines (Dimaculangan, Personal Communication). This is very clear in the discussion of management of prisons  prisoners above (Dimaculangan, Personal Communication).
Important Reformation-Type Amendment

In the United States, according to the 8th Amendment, a prisoner cannot undergo excessive punishments (Federal Bureau of Prisons, 2010, n.p.). Unfortunately, the Philippines does not have such (Federal Bureau of Prisons, 2010, n.p.).

Viewpoint on Rehabilitation and Programs
Rehabilitation and programs are much better in the United States as compared with that of the Philippines and this can be seen by how unsystematic the Philippines correction system is (Federal Bureau of Prisons, 2010, n.p.).

Parole System
In the United States, parole may be granted to those who carried out an offense before January 11, 1987 or those who have been charged in other countries but serving their sentence in the country (Federal Bureau of Prisons, 2010, n.p.).

Meanwhile, in the Philippines, Anybody can be on parole with the exception of those offenders who are faced subversion  insurgency charges (Philippines The Correctional System, 1991, n.p.). Those on parole are not really controlled unlike in the United States, instead they are just instructed to have an appointment with their parole officers once a month and then after that they can already apply for their liberation (Philippines The Correctional System, 1991, n.p.).
View on Probation and Community Corrections
In the US, probations roles are actually to
Support the offender (Court Services and Offender Supervision Agency for the
District of Columbia, 2003, n.p.). It supports the offender because it lets loose the offender instead of keeping it in prison hoping that the individual will change for the better and will not commit any offense during the probation period (Court Services and Offender Supervision Agency for the District of Columbia, 2003, n.p.).

2) Protect the people (Court Services and Offender Supervision Agency for the District of Columbia, 2003, n.p.).  Meanwhile, probation also looks after the peoples well-being because if any of the circumstances stipulated are breached then the person who is under probation will be sent to prison without more ado (Court Services and Offender Supervision Agency for the District of Columbia, 2003, n.p.).

In the Philippines, on the other hand, probation usually functions as a support to the offender (Philippines The Correctional System, 1991, n.p.). Anybody can be put on probation except for those facing subversion  insurgency charges (Philippines The Correctional System, 1991, n.p.). Those under probation are not really supervised unlike in the United States, instead they are obliged to visit their probation officers once a month then after that they can already apply for their discharge (Philippines The Correctional System, 1991, n.p.).  

Opinion of the Philippines Correctional System versus that of the United States
The correctional system of the US is far better than the Philippines, it seems that they are treated in a more humane manner than in the Philippines considering that they are medically attended, they are not obliged to be with so many others inside one cell etcetera (Philippines The Correctional System, 1991, n.p.).  The Philippines should adopt the United States correctional system (Philippines The Correctional System, 1991, n.p.).

Comparative Criminal Justice

Many individuals find themselves held up in the penal institutions in the various parts of the world. This however happens through various means by which individuals find themselves locked up in the penal institutions. Some of the individuals are locked up due to the public condemnation via adversarial trials whereas others confess after being tortured and yet some are condemned by the secretive committees or officials acting alone. In some incidences, the verdict is arrived at after deliberations by professional lawyers, by laymen, political, military andor religious panels (Vogler, 2005). Criminal procedure is usually diverse as characterized in different parts of the world and thus there is no universal agreement on what is composed of a satisfactory criminal justice to be followed by all people.

This paper is going to look at the various types of systems that are used in the criminal justice across the world and draw some comparisons and contradictions between them. The systems in question shall include the Adversarial, Inquisitorial and Islamic criminal justice which are vastly being employed in the criminal justice across the world today.

The Inquisitorial  Adversarial systems
When comparing the two systems of criminal justice, it is important to understand that the two serves to attain the common objective of finding out the truth. Adversarial model however seeks to find out the truth by placing the two contesting parties head on with each other in the hope that the ensuing competition would finally expose the truth. On the other hand, the inquisitorial model sets out to discover the truth through posing questions to those who are most familiar with the events in the dispute at hand. The two models differ in the sense that the adversarial model gives priority to the individual rights of the accused while in inquisitorial model, the rights of the accused comes second to the need for the truth. The striking differences between the two models are well elaborated in criminal cases. During a criminal investigation, a defendant in the inquisitorial system is not to respond to any questions regarding the crime though heshe may answer any other questions at the trial especially those on the history of the defendant. In inquisitorial system, the defendant is usually the first to give testimony and is allowed to look at the governments case prior to giving hisher testimony. On the contrary, in adversarial system, the defendant is not needed for testifying and also is not allowed to comprehensively scrutinize the governments case against himher. In the adversarial system, the defendant is presumed guilty since evidence that indicates the guilt of the defendant is usually paramount for a case to be brought against the defendant. On the other hand, in inquisitorial system, the defendant is never presumed guilty and thus has to be proved so by the court (Vogler, 2005).

The inquisitorial system can be compared to the adversarial system of criminal justice in both agreement and contradictory manner. In the inquisitorial system, the court is usually involved either in part or in whole in the determination of the facts regarding the case. In contrast to the inquisitorial system, in the adversarial system, the court usually plays the role of a referee between the two parties. One fundamental difference between the two justice systems is to be found in the way that the criminal process is usually conducted especially in regards to the goals of the process. The inquisitorial system is usually focused on the determination of the truth regarding what happened hence the verdict is based on the facts which approximates the historical truth with as much accuracy as possible. On the other hand, the adversarial model takes the criminal procedure as a tool that will help to resolve the dispute between two parties. The search for the truth is usually emphasized due to the fact that it is essential for the resolution of the dispute. The adversarial model usually provides any of the sides with a reasonable chance to win the dispute. This is done when the process closely circumscribes the means by which facts can be established in court, and it excludes from the fact finders consideration evidence that might unfairly prejudice one party, (Weigend, 2002, para 5). Such is the difference that can be used in the explanation of the noticeable variation that is found between the continental and common law systems. In this case, hearsays are acceptable in inquisitorial model since they are considered as helpful when it comes to fact-finding. Common law usually does not incorporate hearsay in its jurisdiction since it is considered that hearsays would limit the capacity of the defendant in verifying the honesty and trustworthiness of the information source (Damaska, 1997).

An inquisitorial system usually relies on the non-partisan agents of the state which may include the magistrate andor the state attorney who have the responsibility of collecting and preparing the evidence ready for the trial. During the trial stage, the court, led by the presiding judge is supposed to introduce the appropriate proof whereas the attorney representing the state and the defendant are only to play an auxiliary role. On the contrary, in adversarial model, each party has to collect evidence that would favor the position taken either by the defense or by prosecutors. Here, the judge has to be impartial and his roles are limited to that of a referee whereas the jury has to provide the verdict. The decision in an inquisitorial model is arrived at through a collective vote by professional judges and a jury of laymen evaluators. Both the prosecution and the defendant have no opportunity to query the lay evaluators for partiality. The judges usually votes after the evaluators so as to avoid them influencing the conclusions that are made by the lay evaluators. For a criminal defendant to be convicted, a 23rd majority is usually required. On the contrary, the adversarial system arrives to a verdict following a unanimous decision (Vogler, 2005).

Islamic criminal justice
For a comprehensive understanding of the Islamic Criminal justice, there is need for one to understand the Islamic religion in totality. The true meaning of Islam is said to be total submission to God and therefore it is imperative for any Muslim to above all submit to the will of God. The Islamic law is based on theocratic principles and that there is no separation between the church and the state. The Islamic religion and the state governments are merged as one and the same. Basically, the Islamic law relies on various ideas, concepts, and information that can solve contemporary crime problems in many areas of the world, (Wiechman, Kendall,  Azarian, 2010, para 8). Islamic law is based on Sharia which is derived from the Quran as rules and regulations that were revealed to Prophet Mohammed through angel Gabriel (Wiechman, Kendall  Azarian, 2010). However, the Islamic law is broader than the Sharia law especially in review of laws regarding crime (Forte, 2010). Comparing the Sharia laws to the other contemporary system in justice comes with various challenges. This is due to the fact that studies on the Islamic Sharia law have not been well accomplished as the case of other contemporary legal systems. What can only be compared however are the main features of the two models and not to the details. It should also be noted that Islamic Sharia laws have a complex structure thus presenting a concise discussion on the matter becomes a problem. To the Muslims, Sharia is not only a legal system but also a code that is based on religious principles put forward for the regulation of Muslims conduct in all areas of life (Vogler, 2005).

It can however be argued that the Islamic legal system has some elements of inquisitorial model of criminal justice when comparisons are drawn with the contemporary legal systems. Under the Islamic Sharia, prosecutors as they are known in the contemporary legal system are not present. The investigation process is usually integrated with the trial as it forms part of the judicial process. Thus the judge who is responsible for the determination of the case is to conduct an investigation into the matter by himself. Though the Islamic state may allow for other officials to participate in initiating and carrying out the matter, the findings are presented to the judge for scrutiny before he makes a decision. In Islamic Sharia laws, a defendant may be allowed to enter a guilty plea but only after being advised of his rights and in the presence of a judge. A guilty plea is considered as binding as a conviction that comes after the trial based on the merits of the facts produced during the case. It therefore follows that a guilty plea is as punishable as any other conviction based on the Sharia law. According to Sharia law, there is no provision for bargaining because the punishments are already prescribed for the various crimes in the Quran and thus cannot be changed whatsoever. However, in some instances, repentance may be prescribed to relieve the accused from being punished under certain circumstances (Haleem, 2003).

The legal systems in the world as they are today shall continue to be contradictory to one another for quite a while. This can be attributed to the failure by the academic society in the provision of the required guidance when it comes to the criminal procedures. With little or no understanding of the working principles of criminal process, no significant progress can be made and thus any national reform program shall continue to be developed in isolation and with no theoretical direction. It is evident that there are different legal systems in the world as of today. Despite their differences in approach to legal matters, all the systems are focused on revealing the truth and offering sound judgment based on the truth of the matter. The adversarial and the inquisitorial legal systems are basically the legal cornerstones for the western countries whereas the Islamic criminal system is for the adherents to the Islamic faith. The western legal system is secular as opposed to the Islamic legal system which is intertwined with religion. It is important to reiterate that the diverse measures taken by the different human societies are all destined to provide some kind of justice to the populace despite doing it differently.

Comparative Criminal Justice

The term adversarial is derived from the United Kingdom legal system. The criminal judicial system in the United States is also based on the Adversarial system. In adversarial systems the decision reached by the jury or the judge is based how the parties involved in the case present their argument in the court of law. It is therefore not the role of the judge or the jury in such system to gather evidence on the case presented before them. Nations which apply this kind of system were colonized by the British, for instance Australia, New Zealand, India, Canada, Pakistan, South Africa and Malaysia. One of the major features of this kind of system is that the legal procedures used are derived from the judges as compared to the Islamic laws that are derived from religious aspects based on Quaran (Bui, 2004).

According to Bui (2004), inquisitorial system was introduced in early 19th century and was adopted mainly by the European countries. Under this system, the judge interprets the law by applying the relevant codes depending on the case being handled. In other words, they are laws that are highly dependant on the judicial decision. In this form of law, the judges are supreme and their decisions are binding and has significant influence, for instance in France, the Cour de cassation is the final court of appeal.

Origin of Islamic, Inquisitorial and Adversary laws
Over the years, the criminal justice system has been one aspect of the human race that has changed constantly. Despite this, many of the laws applied in different societies of the world today are based on Christian or Islamic beliefs and ideologies. Although in majority of the world society, the state and the religion have since been separated, it is evident that almost all the laws applied in the criminal justice are based on the bible or the Quran. However, some in some countries especially the Islamic republics in the Middle East, religion and state are not separated where these countries apply the Islamic law as stipulated in the Quran. The Islamic Law stem from the Shariah and the Sunnah. The Shari is the law defined by God, or Allah, and told directly to Gods prophet on Earth, Muhammad (Esposito, 1992).

According to Nasheri (2002), Sunnah deals with the issues not addressed in the Quran, yet is still in the word of the Prophet. In a few Islamic countries, including Iran, Saudi Arabia, Pakistan, and Sudan, it is proclaimed as the basis for all law, including the harsh Islamic criminal law. The adversarial systems are common in countries such as the United Kingdom and other British colonies that base their justice systems on the common law.  

Features of criminal justice systems
In analyzing the key aspects in each of the legal system, it is in order to consider religion, life, intellect and property in regard to each system. It is worth noting that, not all judicial systems operates the same. Islamic laws as discussed are basically derived from religious belief system of Muslims, the major theoretical assumption on this kind of laws is that the law must protect the religion, life of the people and the property of an individual. According to Moussalli (1999), Islamic laws were made in order to protect and cultivate religious consciousness and to uphold the moral standards of the Muslim community.

Another important aspect of Islamic criminal justice system is that the religion and the state are not separated. This lack of separation results into an Islamic republic. The Islamic beliefs and ideology guides every aspect of governance as well as the criminal justice systems. All matters touching on the society, whether private or public are controlled by the religion through the state. However, there some variations in the application of Islamic law in different countries depending on how the law is interpreted in the country. In some Islamic republics, civil laws that accommodate other religions have been introduced giving room for other criminal justice systems in Islamic societies. However, adversarial system is far much different with the Islamic laws in its concepts, practice and jurisdiction.

Adversary laws are not made by religious leaders like the Islamic laws but are made and modified by the judges that are either appointed by the head of state or hired by the appointing authority in any given state more so the countries that were colonized by Britain since adversary laws were directly adopted from the UK legal system. Since adversary laws are not based on religious beliefs, it calls for rationality and evaluation before the judgment is placed on any one. The judges are expected to be more rational in making decisions since some of the decisions that are not considered valid can be disregarded by the higher court. The decision must therefore be binding and reasonable to avoid cancellation (Esposito, 1992).

 According to Walker (2003), inquisitorial systems use mostly common laws which are consistently changing, for instance the statute laws that have intruded the common law. The jury or the judge in an inquisitorial criminal justice system takes an active role in gathering information that can be used as evidence against the accused. It is the responsibility of the presiding judge or jury to use the court mechanisms to gather information and evidences used in the resolution of the case. This is as opposed to the adversarial justice system where the ruling is based on how the parties or their attorneys present the case before the court. However, in both systems the judge or the jury plays an important role of a neutral expert to protect the parties involved from intimidation by the attorneys.

The basic difference between the adversarial and inquisitorial criminal justice systems is the basis under which the judge or the jury gives the ruling. In adversarial systems, the final court decision is based on how the two opposing parties personally or through their attorneys present their case. Both opposing parties are free to present their case in the most appropriate way according to them but under the supervision of a neutral expert who is the presiding judge or jury. The ruling of the court is therefore influenced by the competence of the attorneys representing the opposing parties. The major role of the judge or the jury in adversarial system is to listen carefully to the opposition between the parties and ensure there fair play in the case presentation. On the other hand, in inquisitorial systems the court ruling is based on the evidence gathered by the court on the case. The role of the judge or the jury is not only to provide a neutral expert in the proceedings but also to take part in collecting evidence and cross-examination of witnesses (Pepper, 2005).  

All the three criminal justice systems however have some similarities. The main aim of the systems is to find the truth in the case presented before the court from which the judgments are based on. The adversarial system gather the truth based on how the two parties present their cases while in inquisitorial system the court seeks evident and witness from a third party where applicable. Even though Islamic laws are based upon the religious doctrines, the fundamental principle behind the laws stipulated is to determine the truth in any matter placed before the judges in Islamic court. In most cases, the judges in Islamic courts use references in the Quaran to interpret and to come up with a decision or judgment (Walker, 2003).

All the three systems have a well defined procedure in handling cases, with qualified judges that have proper legal background. For instance, in the United States under the adversary system, the major feature of the United States criminal justice system is the jury system that was designed such that a decision of whether a person is guilty or innocent cannot fall only into one individuals hand but a group of people. This is the single most important characteristic of the American justice systems that makes it outstanding and strong. For a group of judges or the jury presiding over a case to unanimously come up with a ruling, they should all be convinced that the accused is guilty or not guilty behold any reasonable doubts.

 Under the Islamic laws, the legal experts are well equipped with biblical teachings in Quaran before the judgment is passed. The judicial system of the Islamic court do not have judges, this is a myth as compared to the two systems inquisitorial and adversary systems. Many people in the western world have a misconception that the Islamic justice system does not have a judge. This misconception is based on lack of information because the Islamic law has a legal secretary called the Qazi who serves the role of a judge in the Islamic justice systems. As stated earlier, the interpretation of the Islamic law differ from one country to another and so is the justice system. For example, in Saudi Arabia, there are two court systems, one based on the traditional Islamic law and the other dealing with modern crimes such as traffic and commercial crimes (Pepper, 2005)

There are three major criminal justice systems that exist in different parts of the world. The systems are the Islamic, adversarial and the inquisitorial justice systems. It is important to note that all the three systems of law are based on religious ideologies. However, Islamic systems are exclusively based on the teachings of Islam and are mainly practiced in Islamic society. The adversarial system is common in British and it colonies while the inquisitorial system is practiced in other European countries. The main difference between the three systems is how the court proceedings are carried out. The major similarity is that all the systems seek to find the truth in the case thought using different means.

Transnational Financial Crime

The Pacific Development Society, a registered financial and tax company aims to further develop the economic, social and cultural situation of the South Pacific. The company is headed by Peter Lewi and Terri Vincent. The Pacific Development Society, with its accountant, Arthur Angleton, funds small - scale businesses at low rates for its operation and function.

The viability of the Pacific Development Society is assessed by the Australian Aid Bank (AAD). In July 2009, the company applied for a loan of AUD 5,000,000. The Australian Aid Bank is a private financial institution which operates with the Australian Government to validate the financial position of a company applying for loan.

The Australian Aid Bank investigated the Pacific Development Society regarding the reports about the true nature of the society. Reports show that the society is a ground for financial crimes such as fraud and corruption. The investigation required the company to provide a financial statement regarding the taxation and banking of the company. The bank worked with the Australian Government to seek for legal assistance.

This paper is a case study dealing with transnational financial crimes. The study will discuss the financial situation of the Pacific Development Society. An Investigation Management Plan is required to examine the scenario of the company. Financial statements will be assessed and reformulated in order to develop a plan on the investigation.

The statement of financial position provided an assessment of the current and non - current assets and liabilities of the company. The balance sheet provided the financial investigator with enough evidence to show the total assets and liabilities of the company.

A special initial inquiry was conducted to find out the current financial status of the company. The company has a mutual agreement with the government of Vaniji called as the Mutual Legal Assistance Agreement (MLA). A comprehensive evaluation of this agreement showed that the Pacific Development Society is a registered financial company under the Vaniji Companies and Investments Commission (MCIC). It was later found out that the Society is not a charitable organization but rather an organization listed as finance brokers and business advisors.

Furthermore, it was discovered that the company had an outstanding loan of 300,000 with the Australian Aid Bank though it was proved that the company has a balance of 75,000. The Society did not have any financial transactions with other banks or institution.

An inspection of the properties of the Society was also done. The inspection showed that the Pacific Development Societys office is vacant. Office equipments were not found in the office. It was also found out that mail transactions to the company were redirected to a location. Office expenses such as rent, water and electricity were paid using electronic funds transfer. However, this information is not helpful in the investigation.

The financial investigation was unable to locate its clients or suppliers. This implies that the Society is not famous in Vaniji or other locations in Pacific. The investigator was able to ask the banks and institutions whom the Society transacted business. It was found out that the directors of the Society, Peter Lewi and Terri Vincent, did not have a good reputation.

The investigation was a proactive type of inquiry since it requires evidences to gather information. Resources were used to obtain a logical and valid conclusion in every aspect of the case.

The objective of the investigation is to develop a plan that will analyze the financial situation of the Society. Evidences such as financial statements and inquiries were used to gather information in understanding the case.

The people involved in the investigation are the directors and the accountants of the Pacific Development Society. The issues involved in the Society are related to transnational financial crimes such as fraud and financial corruption.

Investigation will be executed overtly and covertly.  It will involve legal arrangements with some of the banks and financial institutions where the company has transacted business with. Furthermore, the companys resources will also undergo special investigation to determine the validity of the financial statements of the company. Lastly, the procedure for the investigation will be done independently since it does not require a sequential analysis.

As part of the investigation, a review of the financial position of the company is required. The Financial Investigation Team (FIT) came up with results regarding the current state of the company. Results show that the Pacific Development Society is a profitable organization which is linked to financial crimes and is considered to finance brokers.

The FIT performed inquiries on the Bank of Vaniji. This procedure is relevant for assessing the current liabilities of the company. On the other hand, the current assets of the company were also checked through a lifestyle check. The properties of the company were verified based on their financial statements.

Transactions with other banks and financial institutions were done to check if the company has direct link to illegal and unlawful sources. This procedure was also done to know if the Society has a trading record with other companies. A conclusion regarding the popularity of the Society can be drawn based from this inquiry.

This case study will require a new Statement of Financial Position bases on the results of the financial investigation. Assumptions will be made in order to validate the statements.

Based on the Statement of the Financial Position, it can be inferred that the Pacific Development Society still has an outstanding loan to the Bank of Vaniji amounting to 40,000. The company has unpaid rent and wages. This may be a result of the funds transfer which the company does since it was found out that the company has moved to a different location. Prior to the declared assets, the Society has other undeclared properties such as offices since the company was unable to be traced in its stated address.

It can also be concluded that the Society made small  scale investments since its amount ranges from 20,000 to 25,000. Thus, it can be drawn from that statement that the Pacific Development Society is not a wellknown financial institution in Vaniji and the rest of Pacific.

Irregularities in the financial statement of the company show that it is involved in financial crimes such as fraud and corruption. Legal actions should be taken as a result the findings of the Financial Investigation Team. The Pacific Development Society should be charged with fraud and other related financial crimes.

It should be as well restricted of transactions with other banks and financial institutions. Since then, transnational companies have established wide connections with different banks and financial institutions. This can be threatening to the financial situation of a bank or institution since wide and illegal acts can be made to them. Transnational companies also threaten individuals particularly women and children, for slavery. They pollute the minds of these people to commit financial crimes such as fraud and corruption.

The company should also be required to pay its loan to the Bank of Vaniji and Australian Aid Bank in any way possible upon a mutual agreement. Lastly, it will be appropriate if the Australian Aid Bank removes its recognition to the Pacific Development Society.

Effective measures in combating transnational financial crimes should be done. This can be possible by regulating the license and recognition given to financial institutions. Investigation should be open and bank secrecy should be prevented. Financial investigation units should be strengthened in order to form an effective legal institution.