Comparative Analysis of Justice Systems in the USA, Ghana, and South Africa
Introduction
The stable work of the justice system is a fundamental aspect of any state’s evolution. The practical framework for addressing various crimes and protecting citizens from violent and offensive actions ensures the preservation of social order and peace within a country. At the same time, every system should be designed to address the peculiarities of local culture, problems affecting the nation, and challenges that might impact security and introduce a severe threat to citizens’ lives.
For this reason, every state globally has its own system that emerged during evolution and gradual development. Comparing different systems, it is possible to acquire an enhanced understanding of how specific frameworks help to control society and avoid chaos. The paper delves into comparing and analyzing the justice systems of the USA, Ghana, and South Africa, and making specific recommendations based on the conclusions.
As stated previously, the functioning of any justice system is organized according to the cultural peculiarities of the nation. In the basic sense, all conceptions of justice are cultural as they rest on society’s values, beliefs, and traditions (Reichel, 2018). This means that the crimes viewed as severe in one state might be considered less serious in others because of the peculiarities of historical and cultural evolution (Reichel, 2018). At the same time, Western and Eastern justice systems might also differ because of the mentalities and differences in factors impacting them throughout their development. For this reason, culture remains a significant aspect that should be considered when discussing various justice systems and their peculiarities.
Criminal Activity
Ghana
Comparing the justice systems in the selected countries, it is vital to understand global and local criminal activities. Thus, in 2021, Ghana achieved a crime index of 46.81, which is considered a moderate level (Dziwornu, 2021). The state also has a comparatively high murder rate of about 1.68 per 100,000 (Dziwornu, 2021). It means that violent crimes such as murder are critical for the state and are viewed as the primary threat (Dziwornu, 2021).
At the same time, Ghana faces a serious challenge linked to the human trafficking of its citizens to other countries to work in low-paid and insecure jobs (Dziwornu, 2021). For this reason, the Ghanaian police cooperate with international agencies to protect their citizens. Moreover, children are often forced to work in various spheres, which constitutes a significant problem (Dziwornu, 2021). These challenges shape the work of the justice system and its future.
South Africa
South Africa also has specific problems impacting the work of its criminal justice systems. First of all, it is a state with one of the highest murder rates globally (South African Government, 2022). Statistics show that about 32 homicides happen per 100,000 people, which is exceptionally high (South African Government, 2022).
At the same time, the nation suffers from organized crime responsible for heroin and cocaine trafficking, people smuggling, and poaching (South African Government, 2022). Moreover, numerous contact-related crimes imply damage to individuals or their health (South African Government, 2022). In such a way, South Africa faces significant challenges and threats to the civil order that the government should address to ensure the country continues to evolve.
Courts
Ghana
The court system of any state is designed to meet the current demands of law enforcement and protect citizens’ interests and needs. Thus, Ghana’s legal system was created following the Anglo-Saxon common law and statutory law inherited from the British Empire (Ayetey, 2020). It means the country has a mixed common law/customary law framework (ChartsBin statistics collector team, 2010).
The state court system is similar to that of Western nations and relies on similar laws and principles. Currently, several courts regulate crime and punishments in the state: the Supreme Court, the Court of Appeal, the High Court, and the Regional Tribunals (Ayetey, 2020). The Supreme Court holds the highest authority to deal with all cases, interpret the Constitution, and consider complex cases, including cases involving violations of the main law by the Parliament or President (Ayetey, 2020). The system ensures that any crime will be punished appropriately.
South Africa
South Africa’s legal system is similar to this one because of its origin. It can be viewed as a mix of Roman-Dutch civilian law, English common law, and some religious laws (Mathebe, 2021). As a result, the court system is similar to that of Western states. The legal system is mixed, based on civil and common law (ChartsBin statistics collector team, 2010). It includes the Constitutional Court, the Supreme Court of Appeal, the High Courts, the Magistrates’ Courts, and any other court established by Parliament (Mathebe, 2021).
The Constitutional Court is the highest court linked to Constitutional matters and controls the observation of the law in the country (Boateng & Makin, 2016). The Supreme Court of Appeal is the second-highest court in South Africa, dealing with cases sent to it from other courts, including the High Court (Boateng & Makin, 2016). The distribution of responsibilities and authorities helps to support the balance within the sphere and ensure its stable functioning.
The US
The court system of the USA also originates from the Western approach and the Anglo-Saxon common law. It is explained by the history of the state and its being part of the British Empire (Reichel, 2018). After the acquisition of independence, it established its own judiciary system, which functions along with the executive and legislative branches and remains one of the pillars of the state’s functioning.
The current legal system rests on the English common law (ChartsBin statistics collector team, 2010). It comprises the Supreme Court, Court of Appeals, District Courts, and State Courts (Benitez, 2006). The first body is the highest court in the USA, created by the U.S. Constitution, and having the power to control the interpretation of laws at all levels (Benitez, 2006).
The 13 U.S. appeals courts hold the next stage, functioning in 12 regional circuits (Benitez, 2006). They ensure the observation of the law in various areas (Reichel, 2018). Finally, district courts operate in all 94 districts and control the legal sphere.
In such a way, comparing the systems of Ghana, South Africa, and the USA, it is possible to admit numerous similarities in how their work is organized. The similarity of origins and employment of similar frameworks explains it. All states used to be part of the Western world and were controlled by the British Empire (Reichel, 2018). It means that after the acquisition of independence, similar and already-known models were used to organize the work of newly independent nations.
As for the USA, improving access to the courts at all levels is possible using the acquired information. It can be attained by creating regional courts through the acts of Congress, similar to those in South Africa or other states (Reichel, 2018). It would make the work of the system more effective and attain enhanced outcomes.
Policing
Ghana
Policing is another fundamental element of any state’s legal system and its functioning. It can be defined as the maintenance of law and order by a specific force created by the government (Reichel, 2018). Thus, in Ghana, the police are the central law enforcement agency responsible for enforcing the law and preserving civil order (Boateng & Darko, 2016). The Inspector General of Police is the head of the service and controls the body’s work (Boateng & Darko, 2016).
To increase the institution’s effectiveness, it has ten schedules headed by a Commissioner: Criminal Investigation Department, Legal and Special Duties, Logistics and Support Services, Operations, Police Intelligence, and Professional Standards Bureau, Human Resource Development, Welfare, Research, Strategic Direction, and Monitoring, Finance, and Policing (Boateng & Darko, 2016). The service provides the authority to investigate crimes, work with suspects, and use force to prevent illegal actions and protect citizens’ lives.
South Africa
South Africa employs a similar approach to maintaining law in the state. South African Police Service (SAPS) is the primary law enforcement agency responsible for working with crimes, their investigation, and protecting citizens. The National Prosecution Service supports the work of the given body and is responsible for prosecutions and observation of the law (Govender & Pillay, 2022).
Furthermore, SAPS was formed after Apartheid and during the Transformation in the 1990s (Govender & Pillay, 2022). It has numerous municipal police units with limited authority and no rights to investigate serious crimes (Govender & Pillay, 2022). Moreover, special units, such as the Anti-Land Invasion Units, are working with illegal occupation of lands (Govender & Pillay, 2022). In such a way, law enforcement in the state is guaranteed by the work of SAPS, which was designed to meet the current nation’s needs and ensure its stable development and evolution.
The US
In the USA, law enforcement is executed through specific governmental police agencies. These include police departments within a city, county sheriff’s offices, state troopers, and law enforcement agencies working at the federal level (Tyler, 2011). The agencies focus on investigating criminal activity, detention, prevention, and protection of citizens from possible crime (Tyler, 2011). The country has federal, state, local, and city police departments following specific rules (Tyler, 2011).
The current approach to policing is linked to the USA’s past and the emergence and development of sheriff’s services (Reichel, 2018). Moreover, the federal structure explains the differences in regulations and the scope of functions peculiar to departments working in various states (Reichel, 2018). In general, the federal government of the USA supports and controls the work of all law enforcement agencies (Tyler, 2011). It also helps to align the organized response to new threats emerging annually.
International Criminal Law
At the same time, all three states, Ghana, South Africa, and the USA, face the challenge of international and organized crime. It implies human trafficking, drug trafficking, terrorism, and other offenses posing severe threats to citizens’ security. For this reason, the states’ policies cooperate with international law enforcement agencies, such as INTERPOL or the International Crime Police Organization (Calcara, 2021). NCB Accra is a unit of the Criminal Investigation Department belonging to the Ghana Police Service (Boateng & Darko, 2016). It ensures the state is involved in the international discourse and helps to address international crime.
The INTERPOL National Central Bureau performs similar functions in South Africa and is part of CID (Calcara, 2021). Finally, in the USA, INTERPOL Washington is the central agency working at the international level (Calcara, 2021). The work of these agencies is organized at the international level via enhanced information exchange. It helps states address global challenges and avoid the complications of the situation in the region.
Altogether, the work of the police is the central component of the justice system. It ensures law enforcement and the maintenance of civil order. At the same time, its work should be continuously improved to ensure it remains capable of meeting new challenges. For instance, the current U.S. approach to policing can be enhanced by using information acquired during the investigation.
For instance, the existing system implies the existence of various legislations and regulations peculiar to different states (Reichel, 2018). It might help to attain desired flexibility levels; however, it can also cause disruption and confusion. For this reason, it is possible to recommend establishing centralized regulations necessary for the work of the whole institution and a reduction in the autonomy of local departments (Reichel, 2018). It would help coordinate various units’ work nationwide and ensure they remain effective.
Corrections
Ghana
Corrections are another critical element of the justice system and the state’s development. The term refers to supervising individuals arrested, convicted, or sentenced for various criminal offenses (Reichel, 2018). The Constitution establishes the approach to corrections, and the courts are responsible for observing the law. Thus, in Ghana, High Courts are responsible for sentencing an offender and providing an appropriate punishment (Boateng & Darko, 2016).
These might include fines, compensation, community service, or probation (Yin & Kofie, 2021). For severe crimes, the offenders can be sentenced to imprisonment with different terms and even the death penalty (Yin & Kofie, 2021). Homicide, drug, and human trafficking are viewed as capital offenses requiring much attention and serious investigation (Boateng & Darko, 2016). Given authority, the High Court or other courts decide on corrections. However, the state faces numerous issues because of the use of the death penalty and biased court decisions (Yin & Kofie, 2021). As a result, the approach is disputed and might require improvement.
South Africa
South Africa also has a specific approach to correction and ensuring that individuals receive appropriate punishment. The Department of Correctional Services is the body created by the government to organize and regulate the work of the state’s prison system (Cameron, 2020). It is responsible for the work and administration of 240 prisons (Cameron, 2020). High Courts hear serious crimes and guarantee fair and appropriate punishment.
South Africa does not have the death penalty; instead, it might use life imprisonment as a method to punish severe violations of the crime (Cameron, 2020). The national police service cooperates with the Department of Correctional Services and the High Courts to detect law violation cases, collect evidence, and ensure they are provided to the court. At the same time, the system has several serious problems linked to its past and the necessity to align the fair approach to every case.
The US
The US Correctional System has peculiarities arising from the nation’s demand and approach to providing punishment. These might include criminal punishments, rehabilitation, imprisonment, capital punishment, life imprisonment, and community work (Cole et al., 2021). Every state has its department of corrections responsible for the practical work of prisons and appropriate punishments (Cole et al., 2021).
They are controlled by the state and federal governments, which provide the authority to consider various cases (Cole et al., 2021). The courts are the only bodies with the right to sentence a person and proclaim him/her an offender regarding the existing evidence and facts. The correctional facilities in the state might include penal institutions and juvenile classification homes (Cole et al., 2021).
They deal with various cases and guarantee the stable work of the whole system. At the same time, the U.S. correctional system is often criticized for too many guilty verdicts, poor conditions of imprisonment, and overcrowded prisons (Cole et al., 2021). Additional attention and actions are required to improve the situation.
Recommendations for improving the U.S. correction system might include reducing the number of guilty verdicts, especially for specific ethnic groups. The current approach introduces a specific imbalance between the number of white and other prison communities (Cole et al., 2021). It means that the system remains biased and requires a new vision to ensure a fair approach is used (Cole et al., 2021). At the same time, the problem of overcrowded prisons can be resolved by reducing pressure on legislators and making them more independent (Cole et al., 2021). It would help to rebalance the system and make it more effective.
Investigative Agencies
Ghana
Severe, complex, or international crimes require additional investigation. For this reason, the states have their investigative agencies supporting the work of their legal system. In Ghana, the police service also performs investigative functions (Boateng et al., 2016).
At the same time, the country has its Bureau of National Investigations and Criminal Investigation Department investigating gang-related crimes following the state’s code (Boateng et al., 2016). Specialized regional units are responsible for local or less severe offenses (Boateng et al., 2016). The cooperation between these bodies guarantees the stable work of the justice system and the collection of evidence vital for trials and punishment.
South Africa
South Africa also has its investigative agencies, which are fundamental to the state’s work. These include the Investigating Directorate, which was established to ensure the independent oversight of the SAPS’s work and work with organized crime to ensure correct investigations of various cases (Boateng & Makin, 2016). Additionally, the police units are given the authority to deal with various cases and use the state’s resources to guarantee that all offenders are punished for their guilt and committed crime (Shomade, 2021). At the same time, citizens might use private investigators to collect the necessary information.
The US
Finally, the USA has a developed system of investigative agencies. These include the police, the Federal Bureau of Investigation, Alcohol, Tobacco, Firearms, Explosives, the Department of Veterans Affairs, the Drug Enforcement Administration, and the Environmental Protection Agency (Cole et al., 2021). According to their names, all departments are designed to deal with and analyze a specific type of crime, conducting evidence and determining whether a particular individual or group is guilty (Cole et al., 2021). The cooperation between the agencies and their stable work ensures effective data collection and the work of the police and courts (Cole et al., 2021). It also helps to deal with complex crimes involving various types of offenses.
INTERPOL
All investigative agencies mentioned above might cooperate internationally to ensure that the states can resist global threats. As stated, INTERPOL operates in Ghana, South Africa, and the USA. The close interaction between local and international agencies is the key to addressing the new challenges and ensuring all criminals will be given the appropriate punishment regardless of their location or intentions (Calcara, 2021).
Furthermore, differences in definitions for specific crime types and various political contexts might be a barrier to dealing with international crime (United Nations Office on Drugs and Crime, 2016). For this reason, INTERPOL’s work and interaction with the state police and departments create a common ground for experience and data interchange (Calcara, 2021). The system helps to preserve peace globally and control organized crime.
In such a way, the stable work of the investigative agencies and their interaction with global organizations is vital for the correct work of nations’ legal systems. At the same time, there is a place for improvement to ensure the body’s ability to resist new challenges. For instance, the USA has numerous investigative agencies working in various spheres (Cole et al., 2021).
However, in some cases, they lack effectiveness because of poor cooperation with other bodies (Cole et al., 2021). Furthermore, it can be recommended that the appropriate education of all employees working in the agencies be ensured as part of the significant improvement process (Cole et al., 2021). It would lead to better outcomes and create the basis for improvement in the future.
Conclusion
Altogether, South Africa, Ghana, and the USA have specific legal systems to meet the nations’ current challenges. They have several similarities because they evolve from the Western approach. However, they acquired new features necessary for effective and practical work during development.
The courts, corrections, law enforcement, and investigative agencies function to resolve current challenges. Moreover, the state’s police departments and investigative agencies cooperate with international organizations, such as INTERPOL, to address global challenges and resist organized crime. The discussed legal systems face specific challenges that should be addressed to ensure citizens feel secure and protected.
References
Ayetey, J. (2020). Ghana’s jury crisis: Implications for constitutional human rights. Oxford University Commonwealth Law Journal, 20(1), 1-26, Web.
Benitez, A. (2006). An introduction to the United States legal system: Cases and comments. Scholarly Commons. Web.
Boateng, F. D., & Darko, I. N. (2016). Our past: The effect of colonialism on policing in Ghana. International Journal of Police Science & Management, 18(1), 13–20. Web.
Boateng, F., & Makin, D. (2016) Where do we stand? An exploratory analysis of confidence in African court systems. International Journal for Crime, Justice and Social Democracy 5(4), 132‐153. Web.
Calcara, G. (2021). Balancing international police cooperation: INTERPOL and the undesirable trade-off between rights of individuals and global security. Liverpool Law Review, 42, 111–142. Web.
Cameron, E. (2020). Comment and analysis – The crisis of criminal justice in South Africa. SA Crime Quarterly, (69), 1-15. Web.
ChartsBin statistics collector team. (2010). Legal systems of the world. ChartsBin. Web.
Cole, G., Smith, C., & DeJong, C. (2021). Criminal justice in America (10th ed.). Cengage Learning.
Dziwornu, M. (2021). Crime drop in Ghana? Some insights from crime patterns and trends. Crime Prevention and Community Safety, 23, 433–449. Web.
Govender, D., & Pillay, K. (2022). Policing in South Africa: A critical evaluation. Insight on Africa, 14(1), 40–56. Web.
Mathebe, L. (2021). The Constitutional Court of South Africa: Thoughts on its 25-year-long legacy of judicial activism. Journal of Asian and African Studies, 56(1), 18–33. Web.
Reichel, P. L. (2018). Comparative criminal justice systems: A topical approach (7th ed.). Pearson Education, Inc.
Shomade, S. (2021). Colonial legacies and the rule of law in Africa: Ghana, Kenya, Nigeria, South Africa, and Zimbabwe (African governance). Routledge.
South African Government. (2022). Quarter One Crime Statistics 2022/2023. Web.
Tyler, T. R. (2011). Trust and legitimacy: Policing in the USA and Europe. European Journal of Criminology, 8(4), 254–266. Web.
United Nations Office on Drugs and Crime. (2016). Compiling and comparing international crime statistics. Web.
Yin, E., & Kofie, N. (2021). The informal prison economy in Ghana: Patterns, exchanges, and institutional contradictions, Cogent Social Sciences, 7(1). Web.