Criminology

This paper gives a strong reflection on corruption with respect to judicial system or legal system. It is easy to assume that legal experts are incorruptible by virtue of their profession. This belief is the same as that of a priest being implicated in evil conduct or a police implicated in acts of theft. As such, their profession necessarily confers to them certain responsibilities that to act differently leads to a deep contradiction. Judicial Corruption can be defined as the maltreatment and exploitation of entrusted power for private benefit or gain. There are factors that make it easy for corrupted judicial system for instance, political interference and bribery. Media serves as the strongest tool in eradication of corrupt cases. There should be a whistle blower policy that will make it more effective in dealing with corrupt legal systems.

Introduction
Corruption is weakening justice in most parts of the world, depriving victims and the accused of the fundamental human right to a fair and unbiased trial. It is not easy to give too much weight to the negative impact of a corrupt judicial system it deprives the international community of its ability to tackle transnational crime and terrorism it destroys trade, economic prosperity and human growth and development and, most importantly, it denies citizens just and objective settlement of disputes with other colleagues or even the authorities. This in turn occasions corrupt judiciaries and divide communities by keeping alive the wounds and injuries incurred due to unjust treatment and mediation. Judicial system where bribery is so rampant undermines confidence in governance by aiding corruption across all sectors of government, especially in the executive arm. Such instances only make the public feel that corruption is part and parcel of their lives. In this sense they public may allude that corruption is tolerated in their country.

It is impressive to note the efforts by the media in uncovering such crimes and bringing them to public awareness and scrutiny. This study therefore, seeks to look into corruption in the legal system paying special attention to the judicial system. Here, crimes committed by judges and lawyers will be discussed.  The response of media and other scholars in regard to this matter will also be considered.

Corruption in the Legal System
Judicial Corruption can be defined as the maltreatment and exploitation of entrusted power for private benefit or gain (Transparency International, 2007). The gain could be material and immaterial, in the case of the furtherance of political or professional ambitions. By and large, it encapsulates any infringements to the objectivity and impartiality of the judicial procedures by any agent within the court system. A good example is when a judge allows or excludes evidence with an aim of justifying the acquittal of a culpable defendant of high political or social status.  This will be demonstrated in the case of Anne Marrow and Gilmore in the course of this study.
         
Judicial corruption may involve the following misappropriation of the scarce public funds that most governments are committed to subject to justice. This is rarely a priority in political terms. Judges may have on board family members to staff their courts or offices, and mishandle contracts for court buildings and equipment. Judicial corruption actually extends from prior trial activities all the way through the trial proceedings to the final enforcement of verdicts by court bailiffs. Even if the judicial system is staffed with competent personnel, appeals tend to support the individuals with the deepest pockets, leaving out individuals with limited resources but with a legitimate complaint.

A good survey will show that there cannot lack a corrupt justice system in most countries across the world. Normally, a just legal system will dispense equity and fairness in its administration of justice. In such a system there will be minimal unfair or delayed trials. Again, decisions and verdicts arrived at during the due process of the law will be in conformity with the national interest or what one would call, common good. There are countries that lack verbatim transcripts and this occasion inaccurate verdicts and summaries on court proceedings or misrepresentation of testimony of the witness by the judges. In fact, the junior court personnel may deliberately lose a file for a price. There are other parts of justice system that may catalyze judicial corruption. Police can also tamper with evidence that supports a criminal indictment before they reach the courts, or the prosecutors may fail in the application of uniform and consistent criteria with respect to the evidence advanced by the police. In states where the prosecution has control of bringing prosecutions before the courts, a fraudulent prosecutor can successfully block off any avenue for legal redress.

There are many instances when criminals are let off lightly and without imprisonment, while innocent people serve long jail terms with no apparent reasons.  A corrupt legal system occasions serious conflicts between the judges and other authorities controlling the system. Citizens are wrongfully and unjustly convicted. Defamation laws hold back corruption and as a result cause people of good will and the media to remain mum and not speak out.

Sometimes corruption in the legal system can be transitive or intransitive. It is transitive if the judges or lawyers are the principal agents of the acts of corruption or misconduct, and it is intransitive if the judges or lawyers are indirectly involved in the acts of corruption or misconduct.  Consider the example below.

Anne Marrow is a Texas Business woman who has succumbed to injustice due to corrupt judicial system. She is a wealthy woman with strong political connections and sources of money. After losing her husband, she operated a successful gift shop where later she expanded her business down into Corpus Christi. Like any normal businessperson, she signed a lease agreement for space she occupied at a new shopping centre belonging to a gentleman called A.C. Gilmore. It happened that the lessor failed to adhere to some verbal agreements and therefore, Anne decided to take the matter to court. She filed a case implying that the lessor had breached the contract. She noted that the landlord had interfered with the initial wordings of the lease document in a bid to justify his breach.

This clearly, is an outright criminal fraud act and the courts without further notice ought to have fined this landlord. Little was done to this matter since the landlord was protected by the corrupt local judicial system which was also linked to the local law firms. In fact this landlord was involved in drug trade and was transferring his profits by investing in shopping centers and other legitimate businesses.  This financial tactic is what many would call money laundering. It dawned to Ann that attorneys were very reluctant in addressing the issue. Lawyers turned out against her and convinced her that she did not have a case. Now, as mentioned earlier, this serves as an example of how judges can be indirectly involved in corrupt cases. As in, they occasion corruption just as how darkness occasions misbehavior and malicious acts. This example demonstrates a corrupt legal system in the intransitive sense.

Having looked at the above example, it would be worthwhile to consider another case with respect to corrupt judicial system in the transitive sense. Randi Hempel (2009) narrates a story of a lawyer charged with child molestation. The lawyer was charged for molestation cases for three times. In fact, he was convicted for three counts of child abuse, two counts of sexual battery and public indecency. He served as Savannah Lawyer. Emilie (1993) writes of a Pennsylvania Supreme Court justice who was convicted for prescription drug offences. He was accused of conspiracy and twenty six felony drug counts for dissuading a doctor to inscribe prescriptions for anti-anxiety drugs for him. Marcia Myers (1995) writes of a lawyer who pleaded guilty in a conspiracy where he was charged of laundering profits in FBI sting. The lawyer by the name, Eric Martin, confessed that he was a drug trafficker trying to launder his profits. He advanced 50,000 to Margolis law firms escrow account and pledged to launder it in a separate business.

There are allegations that the American Legal System is by far corrupt beyond recognition. These remarks were advanced by Judge Edith Jones who serves at the U.S. Court of Appeals to Federist Society of Harvard Law School. Edith notes that notion of what is morally right is regularly sacrificed to what is politically expedient. This is occurring because legal philosophy has been subjected to nihilism. The integrity and authenticity of law, its religious foundations, its metaphysical quality is fading away. In her opinion, the modern threat to the rule of law shoots from within the legal system itself (Geraldine, 2003). 

Media  Corrupt Judicial Systems
Media has a great responsibility in shaping public opinion on fundamental social issues. Public opinion connotes the expressed views by a large collection of persons on a specific situation. These expressed views could be formulated by the public spontaneously or may be through solicited appeals made to them. These views could be for or against the topic of discussion so long as the theme in question is of public significance (Allport, F. cited in. Adelah, A. (2010).

The reactions of the public towards a particular topic of discussion steered by the media connote the measures they would take in tackling a social issue of importance to them. Therefore, the establishment of an effective and feasible public opinion requires the existence of a liberal, free and responsible press. In this sense, it can invite the communities to express their views on the ways in which they would like things done. In fact, the media instills in the public a craving in airing their opinions so that they might influence the course of events the way they wish.

The media has a responsibility in fighting corruption in the judicial system. It ought to sensitize the public on such matters so that there can be a collective responsibility. It is an ethical for media to learn about corrupt judges or lawyers and yet cover them up. The Mass media are at liberty to expose the situations of corruption-related matters, particularly in the judicial system. It is a constitutional right of a journalist to publish any information. Therefore, the journalists should not be afraid to carry out investigations and expose corrupt judicial officials.

The Scope of Judicial Corruption
There are judicial systems that are relatively free of corruption and there are those that succumb to systematic manipulation. In the latter case, it covers all those societies where corruption is so rampant across the public sector.   There exists a fundamental relationship between judicial corruption and economic growth and prosperity. This is because the investors expect that contracts will be honored and disputes resolved justly this underpins sound business development and growth. An autonomous, objective, and unbiased judiciary has significant consequences for trade, investment and financial markets.

The goals and objectives of corrupt behavior in the judicial sector differ. Notably, some corruption disorients the judicial process to fabricate an undue outcome, but, there are many individuals who would opt to bribe to achieve a just outcome. Whichever the case, none can be justified. However, this is encouraged in the judicial circles. It is proven that one third of countries in the world, 10 of its citizens who interact with judicial system or their family members do pay a bribe to obtain a fair and favorable outcome in a judicial case (Transparency International, 2007).

There are two main corruption incidences that affect judicial systems political meddling in judicial processes especially by the executive arm of government and the legislative, and the other is bribery. In spite of the widely championed reform efforts to protect the sovereignty of the judiciary, judicial officials continue to succumb to pressure to dispense justice in favor of powerful political or economic entities, and not according to the rule of law. Political powers are increasingly gagging the judiciary. This is evident in Russia and Argentina. Judiciary are providing legal shielding to those in power for doubtful or illegal operations such as embezzlement of funds, crony privatizations, nepotism or those political verdicts that might otherwise bump into  opposition from the legislature and the media. Political interference takes the form of threats, intimidation and simple bribery of judicial personnel, and more so, the manipulation of appointments in the judiciary, remuneration terms and conditions of service.
In order to eradicate such interference, sound constitutional and legal mechanisms should be reinstated they should shield the judges from arbitrary termination or transfers. These mechanisms should ensure that, courts, judges and their roles are independent of external manipulation. It is important to note that judicial autonomy and independence is founded on public confidence. Over the years, the head of the British judiciary concurrently acted as the speaker of the UK upper house of parliament and as an executive member, and this occasioned conflict of interest. Notably, in the United States, judicial elections are flawed since the judges election campaigns unavoidably influence judicial decision making.

Tackling Judicial Corruption
It is worthwhile to note that judicial corruption takes many forms whether legal, cultural, social, political or economic. However, the government must always staff the judicial system with competent authority. They should be given just compensation as well as accord them chances for growth and improvement there should be accountability and discipline transparency in court cases so that the media and civil society can monitor the proceedings and even exposing their judicial corruption.

There should be a whistleblower policy which will enable the lawyers, court users, police, media, prosecutors and civil society to report suspected or actual breaches of the code of conduct, or corrupted judges, court administrators or lawyers. There should be freedom of expression that will enable the journalists to comment fairly on legal proceedings and report alleged or actual corruption cases or bias. Policies that criminalize defamation or give judges authority to award measures of compensation in libel cases suppress the media from finding out and sensitizing the public on any suspected criminality. All this should be subjected to reform.

Conclusion
Indeed, the mass media is in a position to provide one of the most effective remedies of corruption-fighting strategy. It is the most preferable forum for an open discussion and the best prevention tool for the public officials not to take bribes. This is because they will fear to be exposed in the public. Strong institutions of civic society like in the case of an independent journalist and the good will of every citizen can challenge the corrupt state machinery. When all seems to fail where all seems to be pessimistic there is only one cure and that is a free mass media.

I concur with the recommendations stated above in tackling judicial corruption. I believe that there are more that can be mentioned.  These recommendations agree very well with the international standards on judicial integrity and independence, as well as various monitoring and reporting models that have been developed by NGOs and governmental entities. I believe that there is no magic set of structures and practices that will lower the rate of judicial corruption in all situations. The recommendations serve as a guide for reform endeavors to foster judicial independence and accountability, and hearten an effective, efficient and fair reinforcement. I believe that the multi-faceted holistic reform of the judiciary is a vital step toward enhancing justice and restricting the corruption that degrades legal systems and ruining lives all over the world.