How corrupt justice system affects the society.
When we pledge allegiance to the flag and we say 'liberty and justice for all or justice be our shield and defender’. That's just not true because our justice system does not guarantee JUSTICE FOR ALL regardless of one’s social status. "So is the notion of equal justice under the law really just a myth?" Many people require an answer to this question and how corrupt justice system affects the society.
A fundamental international treaty emphasizes the decisive role of the judicial branch in the fight against corruption, and establishes that in order to carry out this role effectively, the judicial branch itself must be free of corruption, and that its members must act with integrity.
Corruption in the Judicial System.
Corruption undermines the core of the administration of justice, generating a substantial obstacle to the right to an impartial trial, and severely undermining the population's trust in the judiciary.
Corruption has a variety of faces, bribery being only one of them, another being political corruption, much more unattainable and imprecise. Its broad range of action enables it not only to influence the judicial system, but all the sectors of state administration as well.
Illicit interferences with justice can also be violent, particularly when perpetrated directly by members of organized crime. These forays are intended to secure specific objectives, such as the closing of a particular case, or the acquittal of a given individual.
However, while judicial systems are themselves the target of corruption and organized crime, it is precisely within judicial systems that societies have their main instrument to prevent and fight corruption.
• A serious impediment to the success of any anti-corruption efforts are corrupt justice sector institutions. Ethically compromised justice sector institutions mean that the legal and institutional mechanisms designed to curb corruption, however well-targeted, efficient or honest, remain crippled.
In addition, the wider effects of corruption on the rule of law and sustainable development are not only harmful, but destructive, in particular when the justice sector, which should embody the principles of independence, impartiality, integrity and equality, is undermined. To name just a few examples:
• a corrupt act during one step of the criminal justice chain can severely harm the whole process or even nullify its essence and erode public trust in law and order;
• challenges in claiming rights and enforcing contracts in court proceedings can create an atmosphere of legal uncertainty and ultimately deter business, entrepreneurial spirit and investment;
• Disrespect for the equal application of the law undermines the legitimacy of public institutions and contributes to impunity.
Since no sector is immune to corruption, it is necessary that States parties acknowledge the particular role and vulnerability of justice sector institutions in regard to corruption and engage in continuous efforts to create independent, ethical and accountable justice sector institutions.
The centrality of a strong justice mechanism lies in its essential contribution to fostering economic stability and growth, and to enabling all manner of disputes to be resolved within a structured and orderly framework.
These principles apply not only to members of the judiciary, but other actors in the justice system, including prosecutors and judicial administrators. Ineffective criminal prosecution, characterized by a lack of independence or capacity, is unable to effectively investigate and prosecute cases corruption, thus undermining the overall effectiveness of the State's anti-corruption efforts.
Moreover, a judicial system which operates without regard to professional ethics standards is not be able to build and retain public trust in the fairness and objectivity of its decisions and outcomes. Such a system also remains vulnerable to undue influence from outside structures or individuals.
Integrity, independence and impartiality are key prerequisites for establishing an effective and functional judiciary and judicial system for the peaceful resolution of legal disputes. The establishment of an independent and effective justice system that safeguards human rights, facilitates access to all and provides transparent and objective recourse.
To achieve and maintain this trust, a national police force must be free of corruption and uphold the highest standards of integrity and accountability.
Integrity in the police services is necessary to ensure that the people who work for the police uphold the values of the police service, service the interests of justice and fairness in all situations, and enjoy at the personal and institutional levels the confidence and trust of the public they serve. That public confidence is not merely reflective of a common view and understanding that the police service is generally free of corruption and misconduct, and that any violations will result in corrective action and negative consequences. It is also about how the police approach situations and encounters with the public, as well as how they make decisions and treat the people they serve on a daily basis. Such a mutually reinforcing and positive relationship between the police and the public leads to lower crime rates, better public reporting and increased social cohesion, creating the climate necessary for sustainable development at the national and local levels.
Police serve a critical function in the criminal justice system as well as in the prevention and investigation of corruption. The police play a vital role in society to maintain peace and security and the rule of law. The establishment of an independent and effective justice system that safeguards human rights, facilitates access to all and provides transparent and objective recourse.
Prisons as one of the key justice sector institutions are characterized by a specific vulnerability to acts of corruption due to the closed nature of imprisonment and the inherent risk of insufficient public scrutiny in the form of both internal and external auditing, monitoring and inspection mechanisms (insularity). Furthermore, detention and imprisonment not only mean a severe limitation of the freedom of movement, but also a situation in which inmates depend on prison authorities for almost all of their day to day needs (imbalance of power), which requires a heightened degree of State diligence in order to prevent abuse.
At the same time, corruption can pose a severe security threat to prison staff and prison management, for example, trafficking of mobile phones, drugs or weapons into and inside of prison walls in exchange for bribes, embezzlement of funds for necessary security or infrastructure measures or misappropriation of goods, or hiring practices which do not consider the qualification and integrity of candidates. This risk is further increased if organized crime groups or other high-risk prisoners manage to come into a position of power and control vis-à-vis prison officials.
There is an increasing body of research and material relating to anti-corruption measures for the judiciary, prosecution and police services. In contrast, very little material exists on the corruption risk and measures to address corruption within the prison system.
Corruption in Customs is a threat to both the economic development and for the security of the affected countries. Integrity and accountability have been identified as key elements for the successful operation of customs services. Concerned states should actively work to promote custom measures that include the Container Control Programs. Some of these measures include the development, introduction and implementation of conflict of interest regulations, measures to increase transparency of customs services, strengthening whistle-blower protection, as well as developing and introducing strong control environment with proper oversight and accountability measures. Inefficient and corrupt customs services are unable to ensure the equal treatment of importers and exporters in paying excise and customs duties and are likely to fail in stopping illicit contraband and trafficking in drugs, firearm and wildlife among others.
Corruption has a direct impact on the validity of human rights, largely because of two reasons.
On one side, corruption deprives societies of important resources that could be used for basic needs, such as public health, education, infrastructure, or security.
On the other side, corruption has direct damaging consequences in general on the functioning of state institutions, and in particular on the administration of justice. Corruption decreases public trust in justice and weakens the capacity of judicial systems to guarantee the protection of human rights, and it affects the tasks and duties of the judges, prosecutors, lawyers, and other legal professionals.
Impunity and how corrupt justice system affects the society:
By seeking impunity, corruption has a devastating effect on the judicial system as a whole. One of the goals of human rights is to fight corruption and its implications on the administration of justice, as is to act against corruption through an independent and strong administration of justice. For this, the United Nations Convention against Corruption is a fundamental instrument for the protection of human rights.
Corruption and fraud in the community is a critical concern that needs to be handled by a strong justice system. Corruption and Fraud opposed the growth motion of a community and needs to be dealt with correctly in our society of today to develop furthermore. An accurate description of Corruption would be defined as the dishonesty or illegal behavior. It is the misuse of responsibility given to someone or a group for private gain. And Fraud, can be defined as criminal deception intended to gain money or personal advantage. It is the unlawful and intentional making of a misrepresentation. Retrospectively corruption and fraud events are both extremely criminal to the society we live in. Corruption and Fraud both have connotations to negative characteristics such as criminal, illegal, dishonest, unlawful, unfaithful, and immoral. There is a serious negative impact to growth rates of businesses and companies that work with people that have an incorrect mindset relating to corruption and fraud. And that is how corrupt justice system affects the society for it cannot tame and end corruption.
How corrupt justice system affects the society.