text:
Comparative law and justice/New Zealand

Part of the Comparative law and justice Wikiversity Project

Basic Information
New Zealand is a fascinating region that is unique from the rest of the world. The country's history, society, and culture is worth the time to learn and discover. New Zealand, also known as The Land of the Long White Cloud, currently has a total population of 4,213,418. The total population has a 0.99 males for every female; 20% are under the age of 14, while 12% are 65 years and older. New Zealand can be described as a urban center considering that 90% of the population lives in the cities.

New Zealand, directly southeast of Australia, has a comparable size to Colorado. This country has a total landmass of 267,710 square kilometers, which includes the Antipodes Islands, Auckland Islands, Bounty Islands, Campbell Island, Chatham Islands, and Kermadec Islands. These islands in the South Pacific Ocean is part of the region known as Oceania. New Zealand lies on the boundary between two great tectonic plates, the Indo-Australian and the Pacific, which is along the "ring of fire." Its geothermal activity, volcanoes, and erupting earthquakes forms a dominant mountainous landscape. New Zealand's climate is temperate with sharp regional contrast.

New Zealand is geographically divided into two islands; the North Island and the South Island. The North Island is distinctly different from the South Island due to its wildlife, and landscape. The South Island is mountainous compared to the north.

The most common religions in New Zealand are Anglican, Roman Catholics, Presbyterians. Ethic groups of New Zealand are diverse; 69% are European, 8% are Maori, 6% are Asian, and 4% are Pacific islanders. There is 8% of people who have a mix of these ethic groups. New Zealanders speak of the official language of English, Maori, and Sign Language.

Economic Development, Health, and Education
New Zealand has a thriving, developed economy with a Gross Domestic Product of $116.7 billion. New Zealand also has a substantially high standard of living with a GDP per capita of $28,000, and with an average annual income between 30,000 to 55,000. New Zealand is highly reliant on free trade. New Zealand's exports account for 24% of its output, which means they are vulnerable to global economic crises. New Zealand is a gross exporter in dairy products, meat, wood and wood products, fish, machinery, and a gross importer in machinery and equipment, vehicles and aircraft, petroleum, electronics, textiles, plastics. Key industries in New Zealand include food processing, wood and paper products, textiles, machinery, transportation equipment, banking and insurance, tourism, mining. The New Zealand dollar is the currency. .

New Zealanders have a high level standard of live; it was ranked 20th on the 2008 Human Development Index. This ranking reflects the low infant mortality rate; which is 4.92 per 1,000 live births. Males have a life expectancy of 78 years, while the females have a life expectancy of 82 years.

The literacy expectancy for both females and males are relatively high with a 99%. New Zealand is ranked 12th among 30 other nations. 76% of New Zealanders between the ages of 25 and 64 have reached a high school or college level education.

Brief History
New Zealand, the last major landmass to be discovered, was founded by Polynesian Maori in about A.D. 800. The Treaty of Waitangi was an agreement signed in 1840 between the British Crown and the Maori in which gave sovereignty to Queen Victoria, but allowed the Maori to keep their territorial rights. During that year, Britain established their first colony in New Zealand. This settlement led to a series of wars between 1843 and 1872 with the victorious win from the British crown. However, in 1907 New Zealand was able to gain independence. New Zealand was a key supporter for the United Kingdom militarily in both World Wars. In the 1980s, New Zealand's cooperation with various defense alliances deteriorated. Recently, the government of New Zealand is attempting to consign the distresses of the Maori.

Governance
The New Zealand legal system is based on common law. The government type is categorized as a parliamentary democracy. New Zealand's government is organized under a constitution, in which comprises a series of documents such as The Constitution Act 1986, and the certain acts of the UK and New Zealand Parliaments. Other crucial documents under this constitution are The New Zealand Bill of Rights Act 1990, Electoral Act 1993, and the Legislature Act 1908. These laws incorporate provisions on suffrage, the powers of Parliament, the formation of the government, and individual rights. The crucial purpose for these documents is to restrict the powers ceded to the monarch, and give political power to representatives elected by the people. The making of these laws reflect the struggling appeals of New Zealanders to acquire rights. New Zealand has a unicameral House of Representatives, also called Parliament(whose 69 members are elected by popular vote, and 51 proportional seats chosen from party lists and serve three-year terms) which has a total of 120 members. Parliament makes bills into new laws by considering formal stages for each type of bill, and if they pass through every stage they become Acts of Parliament. The executive branch consists of the chief of state(usually a king or queen), who is represented by the Governor General. The Governor General's job is to appoint other departments under the executive branch, such as the cabinet, the prime minister, and the deputy minister. There is no formal separation of powers between the executive and legislative branch since the prime ministers are given the power to make laws as well. The judicial branch includes the Supreme Court, Court of Appeal, and the High Court. The Governor General also appoints the judges.

Elections
Suffrage is universal. However, citizens must be over 18 years of age,as well as permanent resident who has lived in New Zealand for one year or more without leaving the country. For the past 13 years, New Zealand has used the mixed member proportional (MMP) voting system through the electoral strategy of first past the post, or through party lists. . 45% of the elected members tend to belong to the National Party, 34% belong to the New Zealand Labor Party, and 7% belong to the Green Party. Elections are influenced by groups of people who prompt political pressures such as the Women's Electoral Lobby, civil rights groups, farmers groups, and Maori groups.

Judicial Review
Unlike the United States, New Zealand does not have a single document establishing the basic framework of the government. Even though there is no sole documentation of New Zealand's supreme law, the constitutional court has the right to declare acts of the legislature illegal if they don't follow the rights given in a series of those documents.

Courts and Criminal Law
New Zealand has an adversarial court system. Courts serve a variety of purposes, such as enforcing the criminal law, settle civil disputes among citizens, protecting the rights of the individual, ensuring that government agencies follow the law, and interpreting the law. The judiciary is independent of the Legislature, Parliament, and the Executive Branch for its sole purpose that the judge in position is subject only to law. Judges make their decisions for themselves and no one else. Essentially, judges are autonomous from government influence. Judges cannot be bias when making decisions, which needs to follow established legal principles. Statues and the common law are the two main sources or authorities of law. In conclusion, Parliament has the power to repeal, modify, or develop the common law by statute. If the judges' interpretations of the laws are vague and disagreeable, Parliament can also amend the legislation to make its interpretation crystal clear. The courts are open to the public, which includes news media and members of the public, and it creates a reality of confidence and trust in the justice system.

New Zealand's court system can be separated into three divisions: the higher courts, the district courts, and other courts such as family, environment, and employment courts. Under the District Courts Act 1947, the District Court are able to hear bother criminal and civil matters. These types of courts hear the most serious crimes such as rape, aggravated robbery, and sexual violation and the minor misdemeanors. There are exceptions such as murder, manslaughter, and Class A drug offenses cannot be heard by the District Court. The District Court, involving civil claims, can hear cases over money and property and can also involve commercial transactions. Since the New Zealand court system is part of an adversarial form, there is no presence of presumption of guilt. It's the burden of the prosecution to determine if the accused is guilty. The accused has the right to remain silent throughout the trial proceedings and investigation.

Punishment
New Zealand's corporal punishment outweighs their use of capital punishment. The death penalty was removed for all offenses since year 1989 after the Private Member's Bill came into effect. This bill was passed, stating that treason was no longer punishable by death. The last person to be executed in New Zealand was Walter Bolton, who was convicted of poisoning his wife Beatrice. He was hanged for her murder at Mount Eden prison. . New Zealand's prisons have over 7,700 inmates, and has one of the highest imprisonment rates along with the United States. 80% of the inmates are serving their second prison sentencing, which reflects the use of incarceration as a solution to the crime problem is not effective. Since there is a high rate of incarceration in New Zealand, means this type of punishment is used often with such crimes such as murder, rape, theft, etc. There is substantial evidence that New Zealand's schools use corporal punishment among their students. Green Party Sue Bradford attempted to take action to protect children who attend schools that are willing to impose corporal punishment on children.

New Zealand also uses fines and compensation has a way to cut down costs of holding a trial and bringing a criminal to prison. In New Zealand, the issuing of tickets for minor offenses continues to become an important sanction, with the growth of motor vehicle ownership, increased road traffic regulations, and technology advancements. . Judge determines the amount of fine or compensation with two judgements; the severity of offense and the offender's financial status. Once each one is separately decided on, then the judge can sentence offenders convicted of the same offence to the same economic burden even if they have very different financial resources. .

The purpose of punishment in New Zealand is restorative justice. Restorative justice is when the victim and the offender meet where they can discuss ways to help and give back the victim of the offense for what was taken away from them. This process is voluntary, and the offender must be able to admit their responsibility of the victim's suffering.

Legal Personnel
Barristers, solicitors, and judges are all considered lawyers. Practitioners of this law practice must obtain a current practicing certificate either as a barrister, a solicitors, or a barrister and a solicitor. A solicitor's duties revolve around commercial transactions and conveyancing. If such cases go to court, then the barrister is in charge. Their role is part of the criminal and civil litigation. Barrister sole refers to someone who takes up a solicitor's legal advice or instructions, which has become a popular profession. Barristers sole's income depends essentially on their prominence and reputation since their work is based upon the workings of other lawyers. Most of the people in the legal profession, are private practitioners or barrister soles.

There are multiple law schools in separate areas of New Zealand. The most popular ones are found in Auckland, Wellington, Dunedin, and Christchurch.

The New Zealand Council of Legal Education, who is responsible for advancing young law students to a law career, requires all applicants to pass an examination on New Zealand law. The examination has six parts along with a written examination, and a comprehensive self-taught prescription. The examination covers sections of the legal system, contract law, criminal law, property law, torts, and equity and succession.

The Chief Justice of New Zealand has four primary roles; judicial leader among other judges, administrator of government, communication with the executive branch and the judiciary, and representing the Judiciary. The chief justice has seniority over all other judges, and plays a key role with the executive branch and the judiciary. The governor general or the attorney general are the ones who select the Chief Justice.

The jury plays a key role in determining the fate of the criminal. Once the evidence has been presented in the court, the judge sums up the facts of the case as well as explain relevant principles of law. Then, the jury will decide if the accused is guilty or not. During the trial you are usually allowed to take notes. Points of law and evidence can be repeated for clarification. A full consensus or agreement needs to be reached in order to make a final verdict. If no decision is not made, then the judge has the power to order a retrial. In consideration to the expenses of the trial, the judge asks the jury to reconsider their decisions once again.

Law Enforcement
New Zealand has a single centralized police structure. The law enforcement in New Zealand are divided into two Police Maritime Units: one in Auckland, and the other in Wellington. The Auckland Police Maritime Unit is part of the Auckland Metro Operations Group, and the Wellington Police Maritime Unit comprises of a Senior sergeant, sergeant, and ten constables(under the Operational Services Manager) Law enforcement officers receive their professional training in effective exercise, and the lawful use of force and firearms. The trainee's psychological impacts of police actions are considered by law enforcement officials as well. Training of law enforcement also includes knowledge of issues of police ethics, issues of human rights, alternatives to the use of force and firearms, the mediation of conflicts, the understanding of crowd behavior, skills of persuasion, negotiation, and mediation. For all law enforcement officials, professional training lasts from thirty-one to fifty hours per year. There are specific measures learned to combat crimes such as organized crime, drug-related crime, money laundering, environmental crime, terrorism, and domestic violence. New Zealand Police officers don't usually carry firearms while on patrol, but rather use less harmful defenses such as pepper spray and batons. In New Zealand there is a well established community-policing tradition(based on survey of 440 officers.) There is an asserted community-policing orientation in which police officers, not all, perceived the reality of work rather their duty to protect their citizens.

The military forces are called the Armed Offenders Squad,which maintains a full-time counter-terrorist unit, the Special Tactics Group (STG). The STG is experienced in tactics vital in high-risk dangerous situations. The STG is the last resort to law enforcement. If New Zealand's internal resources are unable to face with the issue, such as a serious terrorist attack, the Police Incident Controller may call New Zealand's Defence Force and Special Forces.

Crime Rates and Public Opinion
Public opinion on crime is highly influenced by the media, which distorts the actual truth of the criminality in New Zealand. In a recent survey of the view of crime in New Zealand, more people overestimated the crimes rates than the actual crimes rates. People who exaggerated this information were women, Maori or Pacific people, be over 60, uneducated, poor, and not have been a victim of a crime. In reality, New Zealand has the fifth highest percentage of the population who are satisfied with their lives. The occurrence of crime in New Zealand is relatively low considering its rank 52 in consideration to murder rates compared to other countries such as Netherlands, Germany, and Spain New Zealanders believe in the purpose of sentencing should be most preferablely rehabilitation, deterrence and retribution. Crime data in New Zealand come from a number of sources of Data, including the United Nations Office on Drugs & Crime, the International Crime Victim Survey, and the United Nations Interregional Criminal Justice Research Institute (UNICRI). However, in these findings, there is a presence of problems that distort the factual statistics, such as, lack of trust in police officers, over-recording serious crimes and disregarding minor ones, inconsistent police reported processes, and the lack of consensus of the definition of crime among people.

Family Law
The Family Court is an important justice system in New Zealand. The Court has the role to make judicial decisions for children not yet born through to older people who need care and protection. There is also a wide variety of cases that come before the Court. In New Zealand, there are approximately 60 Family Courts throughout, and they deal with cases under Acts such as the Adoption Act 1995, Care of Children Act 2004, Marriage Act 1995, and Protection of Personal and Property rights 1988. Under adoption, the Family Court deals with cases to adopt a child under the Adoption Act 1955. This act does not give any regulations to where an adoptive child or parent lives in another Hague Convention country. Under this family law, a couple who wants to adopt a child, or if an adopted child wants information about their adoption must contact the Child, Youth, and Family before bringing their case to court. The cases of marriage fall under the The Property (Relationships) Act of 1976. This Act gives legal regulations on how property should be separated when a marriage, civil union, or de facto relationship ends. These rules are based on general principles: men and women have equal status, and non-financial contributions should be highly valued as much as financial contributions. This act covers anyone is married or the ones who lives in a de facto relationship, union of two people over the age of 18 who live together, and same-sex couples as well. Since this act covers mostly everyone, even homosexuals, then anyone can marry. If any of these cases are brought to a court hearing, then the Judge has all the decision-making power. If cases such as divorce are brought to court, the judge issues the Separation Order, in which you are not obligated to live with your spouse or civil union partner, but if you have children, you both still have legal responsibilities as parents. New Zealand's inheritance laws apply to everyone who owns property in New Zealand. Foreign property owners has the same property rights as citizens born in New Zealand. There is no defined reserved area of an estate must, by law, go to certain persons. (The only exception is the Property Relationships Act when divorce is the issue.) Inheritance is determined by title deeds, electronic land registration system that is quick and reliable since New Zealand law relies primarily at Title Deeds to determine ownership of property.

Social Inequality
There are major concerns about social inequality of the Maori, Pacific and other ethnic communities, Maori women, and racial hatred. New Zealand, women's average earnings and income remain significantly lower than men's, and the Maori and other ethnic groups also experience a drop in their wages and salaries compared to the European group.

Ethnic group discrimination is currently present in New Zealand. In consideration to imprisonment rates, out of all of the prison inmates, half of them are Maori. Maori men are seven times more likely than other men to be serving a prison sentence, and Maori women 11% more likely than other women. However, there are ways to seek help for people who are racially discriminated, such as, the Employment Relations Act 2000, reporting to the police, and printing media such as the New Zealand Press Council.

Human Rights
New Zealand offers opportunities for education, housing, health care, and other such necessities that provide an equality for each individual. There are two main legislative documents that protect human rights, which is the Human Rights Act 1993, and the New Zealand Bill of Rights Act 1990.

The Human Rights Act serves a couple of purposes, such as appreciating human rights in the society, and to promote compatible relations between individuals and other such ethnic groups. The Human Rights Commission, under this act, resolves the disputes relating to discrimination. This is meant to make sure that each individual is treated fairly and equally.

Under the United Nations International Covenant on Civil and Political Rights, the New Zealand Bill of Rights Act provides individuals the right to freedom of expression, religious belief, and movement, and the right to be treated equally from such cases such as medical experimentation. New Zealand provides various government and non-government agencies that support information to protect human rights.

title: Comparative law and justice/New Zealand


text:
Talk:Connectivism/Glossary

Why?
Started this because I was reading another new (to me) learning theory at the same time (Wenger's Communities of Practice) where half the book at least explores exactly what is meant by the terms used such as learning, meaning, community, identity and so on. Also the discussions in CCK09 seemed to focus on definitions and thought this page would help me get them in my head. Dean.jenkins 15:23, 18 September 2009 (UTC)

Because of new input
The CCK11 course in 2011 uses this glossary again. JaapB 18:38, 14 February 2011 (UTC)

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Talk:Connectivism/Glossary


text:
Comparative law and justice/Sweden

Part of the Comparative law and justice Wikiversity Project

Demographic Characteristics
Sweden's population is 9,059,651 people as of July 2009.

Age/gender structure (2009 est)
 * 0-14 years: 15.7% (male 733,597/female 692,194)
 * 15-64 years: 65.5% (male 3,003,358/female 2,927,038)
 * 65 years and over: 18.8% (male 753,293/female 950,171)

Geography
Sweden is located in Northern Europe, bordering the Baltic Sea, Gulf of Bothnia, Kattegat, and Skagerrak, between Finland and Norway. The area is 450,295 sq km ((173,746 sq mi) which is slightly larger than California. Sweden is ranked the 55th largest country in the world and it is the largest in Northern Europe and 5th largest in Europe. The capital is Stockholm and it is divided into 21 counties; Blekinge, Dalarnas, Gavleborgs, Gotlands, Hallands, Jamtlands, Jonkopings, Kalmar, Kronobergs, Norrbottens, Orebro, Ostergotlands, Skane, Sodermanlands, Stockholm, Uppsala, Varmlands, Vasterbottens, Vasternorrlands, Vastamanlands and Vasta Gotalands.  The climate in the south is temperate with cold, cloudy winters and cool, partly cloudy summers.  The North  has a subarctic climate. The terrain is mostly flat or gently rolling lowlands with mountains in the west.  The lowest point is the reclaimed bay of Lake Hammarsjon located near Kristianstad in the South at -2.41 m (−7.91 ft) below sea level.  The highest point is Kebnekaise at 2,111 m (6,926 ft) above sea level. There are over 100,000 lakes and rivers which make up nearly one third of the country's area. Forests cover more than half of the land area.

Religion
The Swedes are mostly Protestant, and it is every child's birthright to be a member in the state church, the Church of Sweden. 87% are Lutheran and the other 13% include Roman Catholic, Orthodox, Baptist, Muslim, Jewish, and Buddhist.

Ethnic Groups
Sweden's indigenous population is mostly Swedes with Finnish and Sami minorities. The foreign-born or first generation immigrants include Finns, Yugoslavs, Danes, Norwegians, Greeks and Turks.

Language
Sweden's official languages is Swedish, with Sami-Finnish,Finnish and English-speakers in the minority.

Economic Development
Due to the peace and neutrality during the 20th century, Sweden has obtained a comfortable standard of living. The people live under capitalism and extensive welfare benefits. It has a modern distribution system, excellent internal and external communications, and a skilled labor force. Timber, hydro power, and iron ore makeup the resource base of an economy that relies heavily on foreign trade. 90% of industrial output is based on privately owned firms, of which the engineering sector is 50% of output and exports. Agriculture is only 1% of GDP and of employment. Until 2008, Sweden was in the midst of an economic upswing, due to increased domestic demand and strong exports. Sweden was not immune to the recession even with strong finances, deteriorating global conditions, reduced export demand and consumption were all factors. Sweden's GDP is $344.3 billion (2008, ranked 33 in the world). The GDP per capita is 183.1 billion (2008, ranked 24 in the world). Sweden exports commodities that include Machinery, motor vehicles, paper products, pulp and wood, iron and steel products and chemicals. Sweden imports $165.3 billion (2008, ranked 26 in the world) and the commodities include machinery, petroleum and petroleum products, chemicals, motor vehicles, iron and steel, food stuff, and clothing.

Health and Education
The average life expectancy at birth is ranked number ten in the world. Males are estimated to live up to 78.59 years and females 83.26 years at an average of 80.6 years for the total population. The fertility rate is 1.67 children born per women while the infant mortality rate is a total of 2.75 deaths per 1,000 live births. This is ranked 222 in the world; males are 2.91 deaths per 1,000 live births and females are 2.58 deaths per 1,000 live births.(2009) The literacy rate is 99% of the population. This means that 99% of both males and females over the age of 15 can read and write.

Brief History
Sweden has received influence from many countries abroad, with mostly German influences during the middle-ages and French influences during the 18th century and later a revive in German influence during the 19th century. From 1750 to 1850 modernization of agriculture occurred. “Around 1930, the area used for agricultural production had reached its maximum, and 50 percent of the population were engaged in agriculture. Twenty years later, only some 20 percent lived on the countryside.” Sweden’s culture is diverse due to the immigration at the end and after the glacial period. Their culture is also influenced foreign cultures through TV, music, fashion and food.

The Kingdom of Sweden (Sweden as the conventional short form) received its Independence on June 6, 1523 when Gustav Vasa gained support and was elected king as Gustav I. During the 17th century Sweden was a military power, but in the past two centuries has not participated in any wars and remained an armed neutrality for both World Wars.

Governance
Sweden is a Constitutional Monarchy, but is really a parliamentary democracy, because all political power is elected by the people. The current Head of State of Sweden is Carl XVI. He has held this position since 1973. He is merely a representative of the country and only has ceremonial duties. The Head of State has no political powers and does not participate in politics. The Swedish monarchy is purely based on the tradition of the Constitution. Since 1980, succession to the title of Head of State has been given to the first-born child, in this case Crown Princess Victoria who was born in 1977.

Sweden has three levels of government: national, regional and local. In addition, Sweden entered the EU which has caused an increased importance for governing at the European level.

The people are represented by Sweden's Parliament (the Riksdag), which has legislative powers. Proposals for new laws are presented by the Government which also implements decisions taken by the Riksdag. The Government is assisted by the Government Offices, comprising of a number of ministries, and some 300 central government agencies and public administrations. The Government offices, EU policy, constitutional policy, and election issues are coordinated by The Prime Minister. Other ministries include, Ministry of Agriculture, Ministry of Culture, Ministry of Defense etc.
 * National Level

Sweden is divided into 21 counties. The county councils and administrative boards (governing bodies of the counties) are in charge with the political tasks at this level. Some public authorities work at regional and local levels.
 * Regional Level

Sweden has 290 municipalities with an elected assembly for each municipality(the municipal council.) Their job is to take decisions on municipal matters. The municipal council leads and coordinates work which is appointed by the municipal executive board.
 * Local Level

Since entering the EU in 1995 Sweden has acquired another level of government: the European level. As a member of the Union, Sweden is subject to the EU acquis communautaire and takes part in the decision-making process when new rules are drafted and approved. Sweden is represented by its Government in the European Council of Ministers which is the EU's principle decision-making body.
 * European Level

Constitution
The Swedish Constitution defines the relationship between decision-making and executive power. The 1992 Swedish Local Government Act regulates the divisions into municipalities and the organization and powers of the municipalities and county councils. It also contains rules for elected representatives, municipal councils, executive boards and committees. The division of tasks between central government and municipalities has changed over the years. For Democratic purposes, activities have chiefly been transferred from central government to municipal bodies. In municipalities contact between decision-makers and private individuals are much easier to maintain. The Committee on Public Sector Responsibilities is instructed to look into the division of responsibility between different levels of government. Sweden has four fundamental laws which together make up the Constitution: the Instrument of Government, the Act of Succession, the Freedom of the Press Act and the Fundamental Law on Freedom of Expression.

The basic principles of governing are outlined in The Instrument of Government. This include how the Government works, fundamental freedoms and rights of the people and how the Riksdag elections are to be executed. This was adopted in 1974 which drastically reduced the powers of the monarchy. The position of Head of State remained with the King but all political powers were stripped away. The Speaker of the Riksdag was given the role of appointing the new prime minister.
 * Instrument of the Government

The succession to the King or Queen is presented here. Enacted in 1810 and up until 1979, succession went through the male line. The Riksdag decided both males and females could be Head of State.
 * The Act of Succession

Sweden was the first in the world to give people freedom of press by law (1766.) 1949’s Freedom of the Press Act gave the right to distribute information in printed form but with accountability before the law and gives citizens right to study public documents and access to official documents.
 * The Freedom of the Press Act

Elections
Elections are held every four years for Parliament and municipal and county council. Voters have the responsibility to elect those who are to decide how Sweden is governed and administered. County council are elected by citizens of the specific county. Any Swedish citizen who is 18 and a resident or a previous resident of the country may vote(not mandatory) in general elections and referendums. If you are a member of the EU states of Norway and Iceland and are registered as a resident of Sweden and are 18 than you are eligible to vote in municipal and county elections. All non-Swedish citizens must be registered as a resident in Sweden for more than three years in a row before election day to be able to vote in municipal and county elections.

Judicial Review
"If a court or other public body finds that a provision conflicts with a rule of fundamental law or other superior statute, or finds that a procedure laid down in law has been disregarded in any important respect when the provision was made, the provision shall not be applied. If the provision has been approved by the Riksdag or by the Government, however, it shall be waived only if the error is manifest."

Courts and Criminal Law
There are two types of courts, general and general administrative. General courts deal with criminal and civil cases while general administrative deal with cases involving Sweden's public administration. General Courts are what is called a three-tired hierarchy consisting of courts of appeal, district courts, and the Supreme Court. General Administrative Courts are organized into county administrative courts, administrative courts of appeal and the Supreme Administrative Court. There are also special courts and tribunal designed to hear specific issues, they include the Labor Court, the Market Court and the Rent and Leasehold Tribunals. The Swedish legal system is accusatorial because there is a prosecutor representing the state and a defense attorney representing the defendant. The trials occur without juries, but include a judge and three to five lay judges who cast a vote on the fate of the accused. Higher courts employ only professional judges to hear cases.

Judges
To qualify as a Judge, one needs to obtain a Master's of Law Degree. A path of law starting from graduation is taken by most candidates. One would first be a law clerk at district or county administrative court for two years. After this step it is common for most people to be reporting clerks at a court of appeals or administrative court of appeals. Following one year of service there, the person in training would then go back to a district Court for another two years. Then the trainee goes into a period of probation in which he or she will co-opt the bench for one year at the court of appeal or administrative court of appeal. The reporting clerk is then appointed an associated judge. Associated judges and reporting clerks are considered non-permanent judges until appointed by the Government in which they will hold a permanent position. Permanent Judges can be employed to a variety of different positions which include any one of the following; district or county administrative court judges or as judges of appeal at a court of appeal or administrative court of appeal.

Lay Judges
Lay judges work in the district court, court of appeal, county administrative court and administrative court of appeal. “The lay judges are appointed by the municipal council in the municipalities under the territorial jurisdiction of each district court and by the county council assembly in the counties under the jurisdiction of the county administrative court, the administrative court of appeal or the court of appeal.” Each lay judge serve four years in which they use their one vote in taking part in the adjudication of specific important issues and other matters of law.

Prosecutor
Once the pre-investigation has been finished, the prosecutor looks at the evidence and then determines if charges should be filed. If there is enough evidence where a guilty verdict would be most likely achieved then the person is taken to court. The role of the prosecutor is to prove those accused of a crime are guilty beyond a reasonable doubt. In Sweden there is no plea bargaining, everyone who is prosecuted must stand trial. The accused do not have the burden of proving their innocence and can only be prosecuted once they have been informed and allowed to comment on the charges against them. The prosecutor also decides if someone should remain under arrest for the pre-trial appearance, detention is made mainly for crimes involving the possible punishment of jail time. "Twelve hours is the maximum period for which a suspect can be held without a warrant of arrest. The statuary maximum time for arrest is 48 hours.  A request for a pre-trial detention order is normally made the same day as the arrest but in extreme cases this time may be extended to, but no longer than, the third day after the arrest.  The prosecutor can also decide if special measures need to be taken for the accused.  They can get social services involved to deal with the case or a forensic psychiatric examination for the mentally disturbed.  ”

Defense Counsels
A defense counsel is appointed when necessary by the court. The counsel must be a member of the Swedish Bar Association and a trained lawyer. Public funds pay for this assistance. If the defendant is well off than he or she may appoint their own private counsel, in that case the private counsel does not have to have any legal training.

Punishment
Once the court discusses the case and considers only and all the evidence presented at the main hearing, the decision and punishment are announced immediately. Special considerations are made for people with diagnosed mental disorders, like psychiatric treatment with or without special consideration of discharge. Children and young people, along with addicts and mentally disturbed people may receive special treatment.

Prison sentences range from 14 days to 10 years. Sentences going up to 16 years are for more severe crimes. “Life imprisonment is usually converted to a specific length of punishment of around 14-16 years.” Sanctions are based on seriousness of the crime, age and mental state of the perpetrator. “One general principle is that imprisonment should be avoided as far as possible. Thus, it is not possible in any unified manner to say that the normal punishment for a certain crime is a certain type of sanction.” Sweden now has conditional release; once a prisoner has served 2/3 of his sentence he or she will be released. Between July 1, 1983 and July 1, 1993 conditional release was applied for after completion of half of the sentence. Anyone under 18 may not be sentenced to prison unless it’s an extreme case.

Psychiatric treatment is given for crimes in which the defendant suffers from a serious mental disorder and the crime needs to be punished more severe than just a fine. Probation is given as a sanction for crimes worthy of more than just a fine and may be combined with community service or contract care. Conditional sentencing maybe perceived as a compromise with a trial period combined with a fine. Anyone under 21 at the time of sentencing may be placed in the care of social services combined with a fine. If a person commits a crime and is a drug abuser who may be in danger to himself or a relative, the sanction could not lead to a more severe punishment than one year imprisonment may be sentenced to treatment under the care of alcoholics and drug abusers act.

A person’s financial status and severity of the crime determines the amount of a day-fine. These fines are given out based on a magnitude scale from no less than 30 and no more than 150 or a joint punishment for several crimes with a maximum of 200 on the scale. The amount of the fine is from 30 SEK to 1000 SEK. Police can only give a maximum of 1,200 SEK for a fine. Summary punishment is a fine that is issued by the prosecutor if the defendant admits to the crime. This eliminates court proceedings but is only used for simple crimes that would lead to a fine or in some cases six months in prison. Young people are typically not prosecuted. Forfeiture on property usually occurs for tools of crime, profits of crime or objects produced by means of crime. Anyone not a Swedish national may be forced to leave the country and never return, this is called expulsion. If private property is destroyed or personal injury occurs the accused may pay damages to the plaintiff. Finally, serious driving offenses or repeated offenses require the person’s license to be taken away in administrative court.

Number and type of Sanctions for 1993
 * Prison: 15,872
 * Psychiatric treatment: 372
 * Probation: 6,274
 * with contract care, 620
 * with community service program: 310
 * Conditional sentence: 11,916
 * Treatment within the social services: 1,480
 * Fines: 111,560
 * Day and monetary fines: 35,808
 * Summary punishment: 75,752
 * Failure to prosecute: 13,942
 * Other sanctions: 2,964
 * Total persons sanctioned or prosecuted: 164,380
 * Additional On-the-spot fines: 199,144

The death penalty was abolished in Sweden in 1921 for peace time and in 1973 also for war time.

The data on sanctions was provided by THE WORLD FACTBOOK OF CRIMINAL JUSTICE SYSTEMS

The majority of crimes and offenses, in particular traffic offenses, are sanctioned by police officers or prosecutors in the form of summary fines. Fines are used for less serious crimes, and range from the minimum of 100 and a maximum of 2,000 SEK. Prisons in Sweden are divided on the national and local level. There are a total of 77 prisons. People with sentences longer than one year or require extra security go to the national level. Local institutions are for those with sentences up to one year. There are 17 national prisons with 1,904 beds and 60 local prisons with 2,885 beds in 1994. “The average number of prisoners for the fiscal year 1992/1993 was 3,830.” The number of annual admissions for the year 1992 was 13,836. As of March 1, 1993, 26.8 % of the prisoners were foreign citizens and 5% were female.

Crime and Annual Admissions
 * Violent crimes: 2,368 (17.1%)
 * Sex crimes: 270 (2.0%)
 * Property crimes: 3,139 (22.7%)
 * Robbery: 417 (3.0%)
 * Fraud: 1,139 (8.2%)
 * Drunken driving: 2,562 (18.5%)
 * Other traffic: 532 (3.8%)
 * Drug offenses: 1,298 (9.4%)
 * Other: 2,111 (15.3%

Law Enforcement
The Justice System is organized into the Government and the Ministry of Justice, the National Police Board and the National Forensic Laboratory along with county administrative boards, county police commissioners and police authorities/areas. The policing system is a central administrative authority ran by the National Police Board which dictates the Government’s priorities and guidelines for operations as well as ensures appropriate police procedures along with the overall proper functioning of police work. The National Police Board includes The National Police Board’s central administrative authority, The National Criminal Investigation Department, and The National Police College. The National Forensic Laboratory (SKL, the central Swedish lab of forensic investigations) is also operating under the National Police Board.

Serious crimes with national or international consequences are managed by the National Police Board (RPS). The National Criminal Investigation Department manages police activities carried on by RPS. The National Investigation Department provides reinforcements for local police organizations. This department provides assistance with investigations work in connection with murder investigations and other violent crimes, drug offenses, and car theft for export. UN police activities and Interpol activities are also done by the National Investigation Department.

New police officers are trained by the National police Board at The Police College. There, people are trained to become police officers, along with courses on police management, contracts, and research and development work. Two careers are pursued at this college and those are for uniformed police officers and criminal investigators. To qualify as a recruit one needs to be a Swedish citizen, obtain a high school education, work for one year outside of police work, have a drivers license, be at least twenty years old and have the ability to swim well. Training is a three year program which includes ten months of basic training and eighteen months training in one of the police districts and finished off with five months final training back at the Police College. Of 5,812 applicants for police officer training in 1994 only 191 were accepted of which 51 were female. To become a criminal investigator a little more work is required in the form of a University degree in law. Training for police commissioner recruits lasts three years which includes courses on theoretical studies in police work, analysis and planning, administration and workplace psychology. Training in all areas of criminal justice such as police, courts and prosecutors is mandatory. 700 people applied for police commissioner training and only 30 were accepted in 1991.

All complaints about police work are sent to a police authority thus helping in the prevention of Corruption. There, an investigation will ensue not by the police but the public prosecutor. If the matter is not severe it will be sent beck to the police authority where discipline will or will not be handed out by the personnel disciplinary board. In 1993 a total of 1,048 reports against police authorities were made and of these 162 were of ill treatment. “During this period just under 40,000 persons were deprived of their freedom in accordance with the investigative routine. Recently the Stockholm police have been trying out a system of citizen witnesses, i.e. laymen who observe work at the police station.”

The Swedish Armed Forces (Försvarsmakten, is an agency that maintains peace, trains and deploys military forces abroad and defends the country in war. This is a completely different agency from justice and has no connection.  There are special areas of the police that involve marine policing.  This section maintains safety and order at sea.  They work with the coast guard and customs to guard the coast and restricted areas.  The marine police also help assisting in rescue assignments.

Crime Rates and Public Opinion
INTERPOL Data for Sweden containing the seven crimes on the FBI's crime Index(murder, forcible rape, aggravated assault, burglary, larceny, and motor vehicle theft) show that Sweden's crime rate is relatively high compared with other modern nations. INTERPOL data for 2001 for murder was 10.01 per 100,000 population for Sweden. The statistic for rape was 23.39 and for robbery was 95.83 and 667.42 for aggravated assault. The larceny rate was 6,988.81 and 495.21 for motor vehicle theft. The rate for all index offenses is 9,604.57. Sweden has a low crime rate in regard to murder and major assault, a medium crime rate in regard to rape and robbery, and an exceedingly high rate in regard to property crimes (burglary, larceny, and auto theft). The majority of Sweden's crime is against property. The number of property crimes was slightly over 560,000 making it 41% of the crime reported in 2008. These offenses consist of burglary, car theft and various other forms of robbery.

Data taken from the World Values Survey show that 12.5% of people have a "great deal of confidence in the police", while 65.3% of people have "quite a lot", 19.7% have "not very much", and 2.5% have "none at all". Another World Values Survey question that asked what is second most important issues for Sweden with choices such as "a stable economy", "progress toward a less impersonal and more humane society", "ideas count more than money", "the fight against crime". With 36.2% of the vote, "the fight against crime" was determined to be the second most important issue for the people of Sweden. Sweden's confidence in the justice system had 15.1% for "a great deal", 59.2% for "quite a lot", 21.7% for "not very much" and 4.0% for none at all"

Family Law
Family Law in Sweden is mainly from the Marriage code which was adopted in 1988 and the code pertaining to parents, guardians, and children adopted in 1949. The Marriage code makes the spouses equal. "The general principle is that each spouse is the owner of her or his property and is solely responsible for her or his debts." Spouses are treated as individuals except in rules on property taxes and parts of social security and pension law. A spouse does have some legal restrictions on what they can do to his or her common home without the consent of the other spouse. If a pre-nuptial agreement was not signed then pre-marital wealth and inheritance can be distributed amongst the former spouses. Inherited assets or gifts are excluded if an agreement is made where it does not become marital property. Inheritance property is given to the surviving spouse and surviving children once the spouse has died. Adoption in Sweden is a very common practice. Recently inter-country adoption has become common. In the past thirty years, more than 40,000 children have been adopted from other countries. Around 800 children come into the country each year from all parts of the world. Adopted children in Sweden have the same rights as biological children, and adoptive parents have the same rights as biological parents. Sweden’s social security system allows for paid paternity leave for 480 days along with sickness and unemployment benefits. All children in Sweden get free medical care including operations and dental care until the age of twenty. Parents must be approved by the Social Welfare Board in order to adopt a child. For inter-country adoption parents visit a compulsory parental education to get information about the needs of the adopted children. As of May 1, 2009 same sex marriages are allowed in Sweden. The law was past with great support. "Of 349 members of parliament, 261 voted in favour, 22 were opposed to the proposal, 16 abstained and 50 were absent." This law gives same sex couples all of the legal and social

Human Rights
The fundamental rights of the people of Sweden are outlined in the Instrument of the Government. The first article states "All public power in Sweden proceeds from the people. Swedish democracy is founded on the free formation of opinion and on universal and equal suffrage. It shall be realized through a representative and parliamentary polity and through local self-government." Article two states "Public power shall be exercised with respect for the equal worth of all and the liberty and dignity of the private person." Chapter two of the Instrument of the Government outlines the fundamental rights being protected.

"Art. 1. Every citizen shall be guaranteed the following rights and freedoms in his relations with the public institutions:

1. Freedom of expression: that is, the freedom to communicate information and express thoughts, opinions and sentiments, whether orally, pictorially, in writing, or in any other way;

2. Freedom of information: that is, the freedom to procure and receive information and otherwise acquaint oneself with the utterances of others;

3. Freedom of assembly: that is, the freedom to organize or attend a meeting for the purposes of information or the expression of opinion or for any other similar purpose, or for the purpose of presenting artistic work;

4. Freedom to demonstrate: that is, the freedom to organize or take part in a demonstration in a public place;

5. Freedom of association: that is, the freedom to associate with others for public or private purposes;

6. Freedom of worship: that is, the freedom to practice one’s religion alone or in the company of others."

On January 1, 2009 The Anti Discrimination Act went into play. This fights discrimination based on, trans-gender identity or expression, age, (these are the only two differences from other anti-discrimination laws in the past) ethnicity, religion or other form of belief, one's disability, and or sexual orientation. This act applies to most areas of society, including one's work life, education, social insurance system, health care, military service, public appointments, goods and other services.

There are many acts and policies designed to fight discrimination amongst women (The UN Charter, The CEDAW Convention, The European Union, Second Chapter of the Instrument of the Government, and The UN CEDAW Committee), disabled people (The Swedish Disability Policy) and minorities (Sami (an indigenous people), the Swedish Finns, the Tornedalers, the Roma and the Jews are all minorities that are specially recognized because of the length of time existing within the culture of Sweden so are therefore nationally recognized.)

title: Comparative law and justice/Sweden


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Draft:Archive/2024/Comparative law and justice/Algeria

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Part of the **Comparative law and justice]] Wikiversity Project

Basic Information
Algeria (Formal Arabic: الجزائر, al-Jazā’ir; ), officially the People's Democratic Republic of Algeria, is a country located in North Africa.

Crime Rates and Public Opinion

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Comparative law and justice/Democratic Republic of the Congo

Part of the Comparative law and justice Wikiversity Project

Katiegc615 15:46, 18 September 2009 (UTC)

Basic Information
The Democratic Republic of the Congo is located in Africa. It is bordered by Angola, Burundi, Central African Republic, the Republic of Congo, Rwanda, Sudan, Tanzania and Uganda. The Democratic Republic of the Congo has a total area of 905,354.735 square miles which, is roughly one-fourth the size of the United States. In the DRC, the climate varies considerably depending on which part of the country you are in. The DRC does straddle the equator so in this region the climate it very hot and humid. In the southern highlands of Congo the climate is much cooler and drier. Lastly, in the eastern highlands, the climate is also cooler but wetter than both the area near the equator and the southern highlands. The terrain is mostly made up of the large central basin which is a low-lying plateau and there are also mountains located in eastern Congo. Also running through the DRC is the Congo River which is approximately 2,920 miles long. The Congo River is the second largest river in Africa with the Nile River being the first.

The Democratic Republic of the Congo has a reported population of 68,692,542 people, the cities with the largest populations include Kinshasa (the capital) with 7.5 million people, Mbuji-Mayi with 2.5 million people and Lubumbashi with 1.7 million people. Approximately, 46.9 % of the population ranges from ages 0-14, about 50.6% of the population ranges from ages 15-64 and only about 2.5% of the population is 65 years and over. The Democratic Republic of the Congo has accounted for more than 200 African ethnic groups but the majority of the people are Bantu. The four largest tribes in the DRC are Mongo, Luba, Kongo and the Mangbetu-Azande which all make up about 45% of the population. The official language of the DRC is French but Lingala, Kingwana, Kikongo and Tshiluba are also spoken in different areas of the DRC. There are several religions that are practiced in the DRC but the most prominent religion is Roman Catholic which, 50% of the population practices. Other religions include Protestant which, 20% of the population practices, Kimbanguist which, 10% of the population practices, Muslim which, 10% of the population practices and finally, 10% of the population practices other religions including indigenous beliefs.

Economic Development, Health, and Education
In the Democratic Republic of the Congo, literacy is defined as someone 15 years of age and older that can read and write Kingwana, French, Lingala or Tshiluba. Only 67.2% of the total population is literate; 80.9% of the population that is literate are males and 54.1% are female. In the DRC, 46% of the population completes primary school, 30% of the population completes secondary school, 3% of the population completes a university and 21% of the population completes no education.

The life expectancy rate at birth in the DRC for the total population is 54.36 years. For females, the life expectancy at birth is 56.2 years and for males it is 52.58 years. The total infant mortality rate is 81.21 deaths per 1,000 live births. The average death rate in the DRC is 11.63 deaths per 1,000 people. There are a number of infectious diseases that are prominent in the DRC that could contribute to such a high death rate and such a short life expectancy. First, the DRC is ranked 6th in the world for deaths resulting from HIV/AIDS. In 2003, there was an estimated 100,000 deaths. Other illnesses that people in the DRC are at a high risk for contracting are hepatitis A, food or waterborne diseases, malaria and typhoid fever.

Still trying to recover from years of civil war and instability the Democratic Republic of the Congo still has a weak economy. The Gross Domestic Product (GDP) is $11.59 billion. The GDP per capita is $300 which places it 228th in the world. The main industries in the DRC are mining, mineral processing, consumer products (textiles, cigarettes, footwear etc.), cement and commercial ship repair. The main exports for the country are diamonds, gold, copper, cobalt, wood products, crude oil and coffee. The main imports for the DRC are foodstuffs, mining and other machinery, fuels and transport equipment.

Brief History
The Democratic Republic of the Congo was first populated about 10,000 years ago and was settled in by the 7th and 8th centuries A.D. by Bantus. In 1885, the DRC was first colonized by the Belgian King Leopold II and was named the Congo Free State. In 1907, the administration was shifted to the Belgian government and was renamed the Belgian Congo. After years of riots and disturbance from the people of the Belgian Congo they were finally granted their independence on June 30, 1960. One parliamentary elections took place, Joseph Kasavubu was elected as President and Patrice Lumumba was elected as Prime Minister. The country was then renamed the Democratic Republic of the Congo. Soon after the elections took place the Democratic Republic of the Congo was plagued by social and political instability which caused the government to slowly crumble.

In the beginning of their independence the DRC experienced several events that caused instability within their government. these events include the death of Prime Minister Lumumba under mysterious circumstances, the mutiny of the army and Colonel Joseph Desire Mobutu took over the government and cedes it again to President Kasavubu. The unrest within the government continued until 1965. In 1965, Mobutu once again seized control of the DRC and declared himself the new President for the next 5 years. All the power fell into the hands of Motubu. In 1970, he was elected President when no other candidate ran against him. When Mobutu took office he began to implement changes immediately. He renamed the country the Republic of Zaire and in an effort to make the citizens of Zaire aware of their culture he made them adopt African names. Throughout the 1980's, Mobutu successfully continued to utilized a one-party system of rule but opposition groups began to mobilize. In an attempt to rid of these groups, Mobutu gained international attention and criticism.

Finally, 1989 Mobutu's power was diminished through a series of protest, endless criticism on his human right's practices and a plummeting economy. In 1990, Mobutu finally agreed to establish a multi-party system which would include elections and a constitution. In September 1991, when Mobutu withheld the details of his reform plans, soldiers began looting the capital in protest. In response, 2,000 French and Belgian Troops came into Kinshasa to evacuate 20,000 foreign representatives. In 1992, the Sovereign National Conference was held to discuss implementing a multi-party system; 2,000 representatives from a number of political parties attended the conference. Towards the end of 1992, Mobutu has managed to construct a competing government with his own prime minister but eventually in 1994, they we able to come to a compromise between the two governments. Presidential and legislative elections we consistently scheduled over the course of two years but were never actually held. In 1996, Zaire faced even more trouble, this time it was the result of the war and genocide taking place in nearby Rwanda. The conflict from Rwanda was entering Zaire. The Hutu militia forces from Rwanada began to flee to Congo once the Tutsi, whom which they were in conflict, took over the government power. in October1996, Rwanda troops made their way into Zaire with the goal of forcing Motubu out of office. This effort was led by Laurent-Desire Kabila. Finally, in May 1997, Mobutu left the country.

On May 17, 1997, Kabila made his way into Kinshasa and declared himself President. He quickly renamed Zaire to the Democratic Republic of the Congo and also centralized power around himself and the AFDL (Alliance des Forces Democratiques pour la Liberation Congo-Zaire) Tension between Kabila and his foreign troops began to grow over the next year. Finally, in July 1998, Kabila demanded that all foreign troops evacuate the DRC but most of them refused. On August 2nd, the Rwandan troops turned to violence when they rebelled against the DRC. On August 4th, the Rwandan troops made their way to Bas-Congo with the intent of marching into Kinshasa and forcing Kabila out of office, and replacing him with the Rwandan-backed rebel group the RCD. This plan was intervened by the Angolan, Zimbabwean and Wambian troops on behalf of the DRC. After their plan was stopped the Rwandans and the RCD retreated to eastern DRC where they continued to fight the Congolese Army.

In February 1999, a rebel group was formed with support from ex-Mobutuists and backing from Uganda. This rebel group was known as the Mouvement pour la Liberation (MLC). This group was able to gain control over the northern part of the DRC. After this occurred the DRC was now divided into three parts which were all controlled by someone different. One area was controlled by Laurent Kabila, one by Rwanda and the third part was now controlled by Uganda and the MLC. In July, 1999, in an effort to end some violence occurring between the three areas a cease-fire was proposed by Lusaka, Zambia which, by the end of August, had been signed by all three areas. The cease-fire agreement was called the Lusaka Accord which not only asked for a cease-fire but also requested the withdrawal of foreign troops, the UN peacekeeping operation and an effort to launch an "Inter-Congolese Dialogue" which would help create a transitional government. Unfortunately, the requirements of the Lusaka Accord were never properly enforced and Laurent Kabila was known to have violated most of the agreement.

On January 16, 2001, Laurent Kabila was assassinated and was replaced by his son Joseph. Joseph Kabila has made an effort to replace the negative policies his father had put in place.After Joseph took office, MONUC, the UN peacekeeping operation dispersed throughout the DRC in an effort to proceed with the "Inter-Congolese Dialogue" and to create a transitional government. Finally, in July 2002, Rwandan troops withdrew from the DRC and in May, 2003, the Ugandan troops followed. This finally gave Kabila control over a country that was no longer segmented. It was noted that MONUC was trying to assist with the creation of a transitional government. This began in October, 2001 but made little progress throughout the first few meetings. After a short break period the meetings began again on February 25, 2002 in South Africa. A variety of people attended these meetings including government representatives and rebel groups. Again, on April 19, 2002, the meetings came to a close with no agreement reached. The meetings picked up again in October,2002 where an agreement was finally reached. On December 17, 2002, all delegates signed the agreement and it was ratified by all parties on April 2, 2003. On that same day a transitional Constitution was adopted. Throughout this time of political transition, President Kabila worked to reform the economy with support from the World Bank and International Monetary Fund (IMF) and also made great progress with political reform.

Governance
The Democratic Republic of the Congo is a civil law country which inherited its legal traditions from Belgium. Some rural parts of the country also still utilize customary or tribal law (mostly to deal with issues concerning marriage, divorce and property). Since its independence in 1960, the country has operated under numerous constitutions, transitional constitutions and constitutional amendments. The constitution the DRC currently operates under was voted on in December, 2005. It was approved by 84% of voters and was enacted on February 18, 2006. The history of the Democratic Republic of the Congo's Constitution can only be described by detailing the many years of struggle and conflict the people faced to finally have a proper Constitution put in place. This is noted in the country's history above.

The DRC operates under three branches of government: the executive branch, the judicial branch and the legislative branch. The DRC government is also broken down into eleven provinces which includes the capital of Kinshasa. The Executive branch consists of the chief of state which is the President. Currently this position is held by President Joseph Kabila. He took office after the previous President (who was actually his father) was assassinated. Under the new constitution,the President is elected through a popular vote for a term of five years but after the five years the President is eligible for a second term. The requirements that must be fulfilled in order to become President are as follows: "must posses the nationality of Congolese origin", must be 30 years old, "must enjoy the fullness of his civil and political rights" and "does not lie in cases of exclusion provided by the electoral law". The executive branch also includes the head of the government which is the Prime Minister. The Prime Minister is appointed by the President once he takes office. The third group of members of the executive branch is the cabinet which is made up of the Ministers of State. The Ministers of State are appointed by the President as well.

The judicial branch consists of a Constitutional Court, an Appeals Court (Cour de Cassation), a Council of State, High Military Court and civil and military courts and tribunals. Lastly, the Legislative branch consists of Parliament which is a bicameral legislature. The bicameral legislature includes the Senate which holds 108 seats and the National Assembly which holds 500 seats. The Senate is elected by provincial assemblies to serve a five-year term but in order to become a member of the Senate candidates must fulfill the same role requirements as the President. The National Assembly is elected in a more complicated manner. The first 61 seats of the National Assembly are elected through a majority vote in single-member constituencies. The other 439 seats are elected by an open-list proportional-representation in multi-member constituencies. Members of the National Assembly are elected for a term of five years. Candidates for the National Assembly must also fulfill the same role requirements as the President but can be at least 25 years of age.

In the DRC, laws are created by every member of the government. Bills are created and then submitted to the first notified Chamber. Members of the government have a right to propose amendments to the bills being deliberated. Any bill must be reviewed by both the Senate and the National Assembly and they must both be able to adopt identical versions of the bill. If there is a disagreement between the two Houses a joint comission of the two Houses is formed in order come up with a compromise of the provisions that are still under discussion. The bill put together by the joint commission is then submitted to both Houses to be reviewed. If the joint commission can not come up with a compromise or both Houses do not adopt the bill proposed by the joint commission the decision is then turned over to the National Assembly. The National Assembly can choose to adopt any version of the bill that they choose. Within six days of the adoption of the bill, the new law is given to the President to be put into effect. Within fifteen days of receiving the bill, the President can request that the National Assembly or the Senate reconsider the law itself or some of the articles of the law. The National Assembly and the Senate have the right to deny this request.

Elections
In the Democratic Republic of the Congo, the voting age is 18 years of age. Voting is universal (everyone can vote) and compulsory which means everyone that is 18 years or older must vote. On June 30, 2006, the first multi-party election in 46 years took place. At this time the people were able to vote for their new President, for the federal parliament and provincial parliaments. . For this election there were over 25 million registered voters with a voter turnout of 70%. The voters chose from 33 candidates for the office of President and over 9,000 candidates for the 500 deputy seats in the National Assembly. Throughout the election there was some violence utilized as a way to intimidate voters and some technical difficulties but overall the election was a success. Since the first multi-party election only took place in 2006, there is still very little detailed information on the topic.

Judicial Review
It is stated in the Democratic Republic of the Congo's Constitution that they practice judicial review. The judicial branch of government is a separate entity from the legislative and executive branches. In the DRC, it is the Constitutional Court which is responsible to monitor the constitutionality of all laws and acts. Organic laws must be reviewed by the Constitutional court prior to their publication and the Rules of Procedure of the parliamentary chambers and the Congress, the Independent National Electoral Commission and the High Council of Audiovisual and Communications must be reviewed at sometime before they are put into effect. Any citizen of the DRC may bring a law to the attention of the Constitutional court in order to haves conformity to the constitution reviewed. In addition, the Constitutional court must interpret the Constitution for certain appeals at the request of certain government officials. Lastly, the Constitutional court can hear an action to declare that a law is unconstitutional under the following additional circumstances:

 * If the President of the Republic brings a law to the attention of the court within fifteen days of receiving the adopted law
 * If the Prime Minister brings a law to the attention of the court within fifteen days of receiving the adopted law
 * If the Senate President or the President of the National Assembly brings a law to the attention of the court within fifteen days of receiving the adopted law
 * If one-tenth of either the Senate or the National Assembly brings a law to the attention of the court within fifteen days of its final adoption.

Courts and Criminal Law
Currently, the court system in the DRC has six levels. The lowest level of the court system is the group of traditional leaders which are referred to as the chefs coutumiers. They are not officially part of the judicial system but they handle mediations and settlements for disputes. The next court in the system is the magistrates court which is the only court that has the authorization to conduct investigations. This is due to the fact that they are not joined with any of the departments that deal with public prosecutions. The magistrates also have jurisdiction over cases that were already decided upon by customary customary courts. The next highest court in the system is the Tribunal de Grande Instance which has a a wide range if jurisdictions and is also connected to a department of public prosecutions. The next court in the system is the Court of Appeals. The Court of Appeals is broken into two sections: the administrative and the judiciary. This court is also connected to a department of public prosecutions. The second highest court in the system is the state security court which has jurisdiction to decide on cases that pertain to the security of the state. The highest court in the judicial system is the Supreme Court which has three sections: administrative, legislation and judiciary. The Supreme Court is also connected to the department of public prosecutions.

Civil lawsuits are handled by the magistrate's court; the victim can file an action for punitive damages. In order for a plaintiff to file a civil suit they must have standing and they must also have a quality interest to act. This means that only people who were directly harmed by the action can file a lawsuit and that the plaintiff must have a material or moral benefit that will result from the civil claim. Also, in the DRC all criminal proceedings can be considered as a civil wrong but all civil proceedings must be put on hold until the criminal trial has been decided. For more information on legal personnel and trial proceedings see below.

Punishment
In the Democratic Republic of the Congo, there are over 213 known prisons with a prison population of 30,000 which is including pre-trial detainees. In addition to these facilities it has been confirmed that there are many other secret detention centers. With an extreme shortage of funds, food, medical facilities and personnel, conditions in these facilities remain harsh. There is also a major issue with overcrowding, brutality and corruption within the prisons. It has been reported that numerous prisoners have been tortured, beaten to death and starved. In fact, most prisoners only chance for survival is with resources provided to them by their family. This comes at a cost though. Many prison guards force family members to pay a bribe in order to deliver these resources. Prisoners may also have to pay a fee to receive the resources and to receive better treatment. In addition to the corruption and violence, conditions in the prisons are extremely unsanitary. There are no toilets provided for prisoners so they are forced to urinate and defecate on the floors of their cells. These conditions make infectious diseases widespread among prisoners including red diarrhea and tuberculosis.

In addition to serving a sentence in these conditions, many prisoners must also pay punitive damages to the victim. Any crime that has been committed can also be treated as a civil wrong which results in the payment of damages to anyone who has been affected by the crime committed. In the Democratic Republic of the Congo, corporal punishment has been banned as a from of punishment for any crime but can be utilized for discipline in any penal institution. It's use for punishment has also been banned in the school systems but has been legalized in the home as a proper punishment for parents to use on their children. On the other hand, capital punishment is still widely used as a form of punishment. Capital punishment is issued to people who have committed aggravated murder, aggravated robbery, treason, spying, political and military offenses and genocide. There are currently 200 prisoners on death row including 10 juveniles. The methods used for capital punishment include shooting and hanging prisoners.

Since there are currently no crime statistics available for the DRC, accessing information on the punishments assessed for these crimes was also a challenge. There was also no information indicating that there are ethnic, gender, religious or other disparities in punishment. Lastly, there was no indication of what the country's justification for punishment is. Perhaps more information on punishment in the DRC will emerge in the future.

Legal Personnel
In the Democratic Republic of the Congo, it takes five years to complete a legal education which can only be pursued after completing secondary school. Most students who enroll into the legal program at Congolese universities are predominately between the ages of 17 to 21. For the first year, all students have a general curriculum they must complete but in the following years they have greater freedom to choose courses of their interest. During lectures, the Socratic method is not utilized. In fact, for most lectures there is interaction between professors and students; the material is taught in a more authoritative manner. After a student completes the first three years of their legal education they obtain a degrees which allows them to appear as a public defender in lower level courts. In most civil law countries law students are required to choose specialization based on whether they want to become a judge or a lawyer; this differs in the DRC. All students obtain a basic law degree which allows them to choose their career path after they complete their studies. It should be noted that although legal educations are now offered at private universities, the government will usually only consider candidates from state universities to be appointed as a judge).

Since the Democratic Republic of the Congo is a civil law country, the courts utilize an inquisitorial system. In an inquisitorial system, the main focus is to discover facts about the case. A trial is more of a continuation of an investigation. The judge plays the key role in this system; they are the ones who ask all of the questions and examine witnesses. Lawyers, on the other hand, are there to present evidence to the judge on their clients behalf. After all parties have presented their evidence and the judge has completed their investigation the judge will then make the decision about the defendants guilt or innocence. Prior to this decision, the defendant is presumed to be innocent and the truth is discovered throughout the course of the trial. In an inquisitorial system there is no role for a jury so they are not utilized.

Currently in the Democratic Republic of the Congo, legal personnel are facing many obstacles. Very few cases are actually being held for many reasons. First, officials of the justice system receive very little pay if any at all. Also, many times, lawyers are not even given access to their clients which makes it very difficult to prepare for a case. Many times, lawyers are even threatened, tortured or killed by a number of the groups involved in the ongoing conflict. All of this is done in an effort to deter them and other legal personnel from pursuing their cases. When the legal personnel are unable to effectively do their job, it makes it very difficult to uphold a functional legal system.

Law Enforcement
When Mobutu took office in 1965, he made a number of changes to the operation of the police force in the DRC. As noted earlier, Mobutu's main concern was to gain extensive power in the Democratic Republic of the Congo. It seemed as if his ultimate goal was to turn the DRC into a dictatorship and this was evident in the way he organized the police force. After declaring himself President of the DRC, Mobutu decided to combine all of the police forces into a single, centralized police force which was ultimately named the Gendarmarie Nationale and its operation was overlooked by the Department of Defense. Local police forces had minimal control over any police activity; almost all power was in the hands of the Gendarmarie Nationale. Also, local authorities such as mayor lost all power to enforce the law in their provinces as well. At this time, the Gendarmarie Nationale lacked proper funding and resources to carry out effective police work and training.

In 1997, after the death of President Mobutu, President Kabila attempted to establish an entirely new police force. With the help of the South African government, Kabila was trying to create a police force that differed greatly from the one Mobutu had in place. Although this was the intention of President Kabila, there is little information indicating that the police force was actually reformed. In fact, from the time Kabila took office until 2006 when the new Constitution was implemented, the police force was characterized by corruption, unwarranted violence and arrests, unbearable detention tactics and the torture of citizens. In addition to the police force, there were three intelligence agencies in place. The Agence Nationale de Renseignements (ANR) which was used for principal national security. They were in charge of carrying out many of the functions of the police force. The second intelligence agency in place was the Service d'Action et de Renseignements (SARM) which was utilized for military intelligence. The third intelligence group is characterized as a more ambiguous group; its actual purpose and affiliation is unknown. They are known as the "Les Hiboux" and they have been known to be involved with various kidnappings and terrorist acts. This police force could be appropriately described as centralized and multiple, uncoordinated. Appropriate actions are currently underway in an attempt to reform this type of police force.

Since 2006, in an effort to effectively reform the police force in the DRC many other countries and organizations have stepped in to assist the government with training. The United Nations through MONUC has taken on vast amounts of training with the Congolese police force hoping to stabilize this nation. In addition to training a civilian police force, the United Nations has organized the help of other countries including the United States, South Africa, Uganda and Tanzania which have assisted the effort with additional training, assistance with the integration of national police forces and financial resources. Currently the police force is operating under a combination of the military control and assistance from the United Nations. Since the DRC's independence from Belgium the education has also vastly improved. There are now institutions that prepare individuals for careers in police work as well as a police academy which is located in Kisangani. Steps in the right direction are being taken in order to create some sense of stability and security in the Democratic Republic of the Congo. Hopefully, information will soon be released explaining their success. Since the reformation of the police force began recently, there is still very little detailed information about the structure of the police force and how officers are selected and trained.

Crime Rates and Public Opinion
After five years of a violent and devastating civil war,the people of the Democratic Republic of the Congo are still facing a considerable amount of violence and torture and have access to very few rights. This results from an unstable government and a number of armed rebel groups trying to establish control. Everyday the people of Congo face brutal rape (watch a video about this), torture, unlawful killings, the disappearance of family and friends, unwarranted arrests and detention in harsh and life-threatening conditions. The people of Congo maintain very little hope since very little is being done to protect them from these horrors. In fact, the government has made little effort to punish the rebel groups who are responsible for this chaos. The government itself is unstable and plagued by corruption which exacerbates the already devastating conditions. The only effort the government has made is to suppress the voice of the people by restricting their rights to press, assembly and movement; the government is working to ensure that the people remain terrified to ignite change.

In addition to crimes resulting from the aftermath of the civil war, the Democratic Republic of the Congo is also one of Africa's largest producers of marijuana. Although the marijuana is mostly produced for domestic consumption, it easily produced in large quantities due to inadequate shipping regulations. Traffickers are able to ship materials and their product into the Congo with ease.

Another crime that is commonplace in the Democratic Republic of the Congo is human trafficking. Men, women and children are trafficked in and out of the DRC for purposes including sex exploitation and forced labor. Most of the human trafficking is organized by the armed rebel groups which, is beyond the control of the government. For the Human Trafficking Watchlist, the Democratic Republic of the Congo is listed as a Tier 2. The reason for this is that the DRC has neglected to show any evidence that they have increased their efforts to stop the human trafficking that is occurring within the country. Battling human trafficking in the DRC is a difficult task to accomplish since it is a challenge for the government to even convict or imprison the individuals responsible for these crimes. In addition to this roadblock, the government lacks appropriate financial, technical and human resources to tackle a problem of this size. Not only does this provide little reassurance that human trafficking will be put to an end, but, it also illustrates what little sense of security the people of the DRC have in their lives.

Although the crimes described above frequently occur in the DRC, there are currently no valid crime statistics available at this time. The Democratic Republic of the Congo does not report their crime statistics to any international organizations. Unfortunately, there is also no information available on the public opinion of crime in the Democratic Republic of the Congo either.

Family Law
When handling matters that fall under the category of family law, the Congolese Civil Code is applied. The Congolese Civil Code is divided into three different books: the first book deals with the family code, the second book deals with property law and the third book deals with the law of obligations. Both the first and the third book deal with family law. The first book pertains to cases that relate to marriage settlements, wills and gifts.

One of the aspects of family law is the adoption process. The information that was available on adoption outlined the procedures for adopting a child from the Congo. The first step to this process is obtaining consent for the adoption to take place. Either the biological parents or other family members must give their consent. If the child has no family, the court will determine whether or not to consent to the adoption. If the child is 15 years of age or older, they must consent to the adoption on their own. The second step of the adoption process is the hearing. The prospective adoptive parents must request a hearing at the Tribunal Court in the part of the Congo where the child is from. At the hearing, the people who trying to adopt the child must provide their birth certificates, the child's birth certificate and proof that the child's family has been notified about the adoption and the hearing. The prospective parents and the child (if they are over the age of 10) must attend the hearing. After the hearing is completed the courts will take the time to determine whether or not all the conditions for the adoption have been met and all of the proper documentation has been done correctly. The final part of the adoption process is the judgment. During this part of the process the court will make a final judgment on the adoption. Throughout the judgment other issues will be decided as well. These include the date of the final adoption, the child's new name (which will incorporate the adoptive family's name) and issues regarding citizenship of the child. The decisions about citizenship will be decided by the adoptive parents or by the adoptee if they are 18 years or older. After all of this has been decided, the final judgment must be registered at the city hall by the adoptive parents. If it is not registered within 1 month of the judgment the adoption will no longer be legal.

Another aspect of family law is marriage. According to the DRC's constitution, all citizens have the right to form unions freely. The right to freedom of association is recognized. Also, every citizen has the right to marry and start a family with a person from the opposite sex that they choose. Also, according to the constitution, raising and caring for a child is placed in to the hands of the parents but under the supervision of the government. Parents have a duty to care for their children and protect them from harm.

Unfortunately, there was limited information on family law in the DRC. There was no available information on divorce or on rights regarding inheritance. Also, there was no information indicating whether or not juveniles and the elderly are treated differently than others by the legal system.

Social Inequality
The rights of both women and children are protected in the DRC's Constitution with statements such as "Governments have an obligation to protect children in difficult situations and bring before justice the perpetrators and accomplices in acts of violence against children" and " Governments shall ensure the elimination of all forms of discrimination against women and protect and promote their rights. They take measures against all forms of violence to women in public life and private life". Even though their rights are stated here in the constitution that are rarely if ever honored. Women and children consistently face inhumane and unequal treatment. They are the targets of numerous acts of violence, forced labor and kidnappings. For a more detailed description of the inequalities women and children face in the DRC please see below.

Human Rights
In the Democratic Republic of the Congo, very little is done by the government to uphold the fundamental rights of their citizens. In the constitution it states that there are a number of rights that cannot be denied to individual even if the country is under seige or in a state of emergency. These rights include:
 * "the right to life;
 * the prohibition of torture and cruel, inhuman or degrading treatment;
 * the prohibition of slavery and servitude;
 * the principle of legality of crimes and punishments;
 * rights of defense and the right of appeal;
 * the prohibition of imprisonment for debt;
 * freedom of thought, conscience and religion".

Although the constitution is supposed to ensure these rights, they are consistently ignored and violated. In fact, since the outbreak of the civil war in 1996, the violence has continued and escalated; much of this conflict is fueled by ethnic tensions. In the past few years human rights violations have been commonplace in the DRC. The groups involved in the ongoing conflict have been responsible for the violations; they have used a variety of sadistic acts to gain control over various groups of people. Some of the most horrific acts utilized include: killing civilians, forced recruitment of child soldiers (watch a video about this),rape, torture, cannibalism, and demolishing entire villages. It has been estimated by the U.N. that in addition to the 3 million civilians that have perished since 1998, another 5,000 civilians have died between July 2002 and May 2003, due to the ongoing violence that is occurring. The unlawful killings that have occurred have been linked to both the Congolese army and government-backed militias as well as the rebel groups. Torture and other atrocities have been attributed to both sides of the conflict. The government and military has been known to torture their prisoners using a variety of methods including whipping, burning prisoners with cigarettes and beating them with belts and metal tubes. Throughout the conflict, the women and children of the DRC have been the most persecuted. Women and children are highly targeted for means of human trafficking. The DRC is on the Tier 2 Watch List for human trafficking; they have received this rating due to their lack of effort to put an end to this issue. Women and children are frequently kidnapped and brought to various parts of the country or shipped elsewhere for sexual slavery and forced labor. Little progress has been made and human trafficking continues to be one of the prevalent issues in the DRC.

In addition to the use of women and children as products in the human trafficking ring mostly run by the rebels, women and young girls must face terros of the most widely used weapon of war by the government and the rebel groups:sexual violence. Throughout the DRC, the use of rape as a weapon of war is widespread. Women are being targeted all over the DRC and are being used as a means to tear apart entire communities. The most frequent attacks on women of the Congo include: individual rapes, gang rapes, sexual abuse, genital mutilation and rape combined with death. Many times, a woman's family members are tied up and are forced to watch these devastating acts of violence. Many women have reported that armed groups will circle a village and rape women in public. The age of victims has ranged from four months old to eighty-four years old; with these armed groups there are no limits. As a result of the sexual violence many women have to endure, they are not only severely psychologically and physically harmed but also face consequences within their village and community. Due to cultural beliefs, many victims of sexual violence and their families face a great deal of shame and humiliation. A single act of rape can shatter an entire community. Both rape victims and children that are conceived as a result of rape are often rejected by their families and communities. Rape is being utilized by both government and rebel groups as a way to assert power over others. Sexual violence is also being used to gain access to resources and valuable assets such as diamonds, gold, livestock and crops. Women live in fear of becoming a victim of sexual violence and the women who have already lived through this horror are now left to provide for themselves in a community that makes it very difficult for them to do so.

As if children were not facing enough with the struggle to even survive, many children are often kidnapped and forced to join rebel groups. They are subjected to poor treatment, sexual violence, violent initiations, hard labor, torture and rigorous training. These children are also given drugs and alcohol in an effort to break them down psychologically to make it easier for them to commit acts of violence against others. Many of these child soldiers have been forced to watch or commit the murder of their family and friends, to commit murder and to commit rape.

Human rights violations in the Democratic Republic of the Congo do not end at the numerous acts of violence the people are faced with every day. In addition to facing countless acts of abuse, very few of these abuses have actually been investigated or prosecuted. In the areas of the country that is still controlled by the government, the judicial systems remains "underfunded, inefficient, ineffective, and subject to corruption and executive influence . In many cases, lawyers are not even allowed to consult with their clients and are given no time at all to even prepare any kind of defense. Many of the lawyers in the DRC are threatened, kidnapped and tortured in an effort to keep anyone from even attempting to bring a case to court. If a victim is lucky enough to get their case into the judicial system, most of the time they will have to pay a judge a bride in order for it to be heard. In rebel territory, it is difficult to say if their is even a functioning judicial system at all. Many of the courts are no longer operating due to the fact that most of the court personnel fled the area during the conflict. In fact, the rebel groups are known for carrying out unwarranted arrests, detentions and executions as a means of maintaining control over the people in the area. Having the right to fair trial is yet another right the civilians of the DRC are consistently denied. It is said that the lack of an effective judicial system adds to the fueling conflict. Knowing that there will be not repercussions for their actions gives no reason for either parties to put an end to their malicious behavior. The international community has taken action in an effort to deal with the numerous crimes and human rights violations of the past. They are attempting to utilize a better judicial system in order to prevent these crimes from occurring and will also be punishing those who already took part in a variety of crimes. Without giving these criminals the punishments they deserve it will be difficult for the Democratic Republic of the Congo to ever really move forward from this conflict.

Other Resources
World Focus. "Rape as a Weapon of War in DR Congo". 16 December 2008. Online video clip. YouTube. Accessed on 6 October 2009. http://www.youtube.com/watch?v=UkaCbX3PEHA. This video discusses the ongoing issue in the DRC of sexual violence being utilized as a weapon of war in an attempt to gain control and destroy entire villages.

Witness. "A Duty to Protect: Justice for Child Soldiers in the D.R.C.". 13 December 2007. Online video clip. YouTube. Accessed on 18 November 2009. http://www.youtube.com/watch?v=FIWIQ4Wt4o8. This video shows the struggle child soldiers face in the D.R.C. and discusses the issues surrounding various efforts to assist these child soldiers.