LEGAL SYSTEM FUNCTIONALITY BY COUNTRY

"While judicial systems are visibly present in most countries, those that work reasonably well are found in relatively few." ROBERT SHERWOOD  University of California in Berkeley

legal system dysfunction

In 2012, OpenTrial will be reviewing legal systems from around the world using the published findings of various bodies.

 

ALGERIAalgerian flag

Legal system: Common law, inquisitorial (with elements of Islamic law), prosecution part of judiciary

Judges per 100,000 population: 3.01

Judge’s salary at start of career: US $6352    Supreme Court judge’s salary: US $1,130–1,4103

GNI per capita: US $2,7304

Annual budget of judiciary: US $310 millionTotal annual budget: US $22.1 billionPercentage of annual budget: 1.4

Are all court decisions open to appeal up to the highest level? Yes

Institution in charge of disciplinary and administrative oversight: Not independent

Are all rulings publicised? Yes, but with difficulty due to bureaucracy

Code of conduct for judges: Yes

1 Syndicat des Magistrats (2006) 2 Ibid. 3 Ibid. 4 World Bank Development Indicators (2005) 5 Loi de finances (2007) 6 Ibid.


AZERBAIJAN

Legal system: civil law system.


BANGLADESH


BOLIVIAbolivian flag


Legal system: civil law system with influences from Roman, Spanish, canon (religious), French, and indigenous law.

POLICE

PROSECUTION SERVICE

Nominally independent, government controlled.

JUDICIARY

Judges per 100,000 population: 

Judge’s salary at start of career:            Supreme Court judge’s salary: 

GNI per capita: 

Annual budget of judiciary:              Total annual budget:                   Percentage of annual budget: 

Are all court decisions open to appeal up to the highest level? 

Institution in charge of disciplinary and administrative oversight: 

Are all rulings publicised? 

Code of conduct for judges:

Taken from: The Economist, 7th Jan 2012:

In El Alto, residents have little faith in the police or the courts. Instead, they often take justice into their own hands.

The socialist government of President Evo Morales is trying to restore public faith in the judicial system by replacing judges with elected ones. On 3rd January, 2012, 56 judges elected in a national ballot last October, were sworn in and will sit in the country’s four highest courts. 50% are women and some are Amerindian. more


CAMBODIA


CHILE


COSTA RICA


CROATIA


EGYPT


GEORGIA


GHANA


GUATEMALA


INDIA


INDONESIAindonesian flag

POLICE

PROSECUTION SERVICE

JUDICIARY

Indonesia has a civil law system based on the Roman-Dutch model and influenced by customary law.

Condition: In 2002, much to the chagrin of the Indonesian Government, United Nations Special Rapporteur Param Cumaraswamy, after investigating judicial graft in Indonesia and the independence of the judiciary, branded the country’s legal system as one of the worst he had come across. Since then the United Nations, Amnesty International and the Asian Development Bank have all reported that detainees are routinely tortured for confessions, sexual favours are extracted from female suspects, and bribes are regularly demanded by corrupt judges, prosecutors and police.

See: "Indonesian Legal System Dysfunction Renders Death Penalty Unsafe" in which it is revealed why Indonesia’s court system is not credible and the danger this poses, particularly when death sentences are meted out for drug-related crimes.


ISRAEL


KENYA


MEXICO


MOGOLIA


MOROCCO


NEPAL


NIGER


NIGERIAnigerian flag

POLICE

PROSECUTION SERVICE

JUDICIARY

Nigeria has a mixed legal system of English common law, Islamic law (in 12 northern states) and traditional law.

The Nigerian justice system – which comprises four distinct branches: English law, Common law, Customary law and, in the predominantly Moslem north of the country, Sharia law – is in dire decline. Once the pride of Africa and the cradle of lawyers and judges that went on to serve with distinction across sub-Saharan Africa and even as judges in international courts, Nigerian justice is now often perverted such that it is the complainant who ends up in the dock, while the guilty are let off scot free.

More than 700 prisoners currently languish on death row – some 140 have been there for more than 10 years and a number for over 20 years – many of whom were not given fair trials. Furthermore, human rights are frequently violated by, for example, roadside strip searches, unlawful detention, torture to extract confessions and, most shocking of all, extra-judicial executions (the murder) of detainees unable or unwilling to pay bribes. These and other heinous acts committed by the police are not investigated or punished. More

 

PAKISTAN


PALESTINE


PANAMA


PARAGUAY


PHILIPPINES


PAPUA NEW GUINEA


ROMANIA


RUSSIArussian_flag

 

 

 

 



SOUTH AFRICA


SRI LANKA


TURKEY


UNITED KINGDOMbritish flag

 

 

 

 


UNITED STATES

us flag

POLICE

PROSECUTION SERVICE

JUDICIARY

Condition: serious and growing dysfunction.

At the federal level the US has a common law system based on English common law. State legal systems are also based on common law except in Louisiana, where it is based on Napoleonic civil code.

The Tyranny of Good Intentions by Paul Craig Roberts and Lawrence M. Stratton:

Crusading legislators and unfair prosecutors are remaking American law into a weapon wielded by the government. The erosion of the legal principles –such as habeas corpus and the prohibition against self-incrimination–is destroying the presumption of innocence. Civil liberties are slowly slipping away in the name of the War on Drugs, the War on Crime, and the War on Terror.

Three Felonies A Day: How the Feds Target the Innocent by Michael A. Fox:

The Department of Justice has led a steady march to expand their reach into the lives of ordinary Americans. The resultis a panoply of laws giving them the right to prosecute just about anyone for anything at will. There are  numerous laws and Department of Justice interpretations and applications that give them authority rivaling the Soviet Union in its heyday. This boils down to a scandalous use of the federal instruments of powers residing in the executive branch at the Department of Justice that go unchecked. 

The Collapse of American Criminal Justice by Wlliam J. Stunz: 

The rule of law has vanished in America's criminal justice system. Prosecutors now decide whom to punish and how severely. Almost no one accused of a crime will ever face a jury. Inconsistent policing, rampant plea bargaining, overcrowded courtrooms, and ever more draconian sentencing have produced a gigantic prison population, with black citizens the primary defendants and victims of crime. Local democratic control has been abandoned and the system has become more centralized, with state legislators and federal judges given increasing power. The liberal Warren Supreme Court's emphasis on procedures, not equity, joined hands with conservative insistence on severe punishment to create a system that is both harsh and ineffective. 

Law Street: America's Dysfunctional and Sometimes Corrupt Legal System by Wim J. M. Touw:

The American legal system is far from perfect. High standards of fairness and equal justice for all are lacking, and conflicts of interest are an integral part of the system’s practitioners.  American lawyers have lost their moral and ethical moorings. They have manipulated the British common law system for their own financial benefit or to advance their careers. Thus, the US criminal law system puts innocent people in jail and the tort system, the contingency fee, and the “loser pays” laws have turned the once noble profession of lawyering into a profitable, unregulated business corrupting the legal process. The result is America’s dysfunctional and often corrupt legal system.

 


ZAMBIA