text:
Comparative law and justice/Oman

Part of the Comparative law and justice Wikiversity Project

192.133.12.108 19:32, 9 February 2010 (UTC)

Basic Information

Oman's total population is 3,418,085. Note includes 577,293 non-nationals (July 2009 est.)

Geographic Coordinates: 21 00 N, 57 00 E

Area: total: 309,500 sq km country comparison to the world: 70 land: 309,500 sq km water: 0 sq km

Area-Comparative- About the size of Kansas

Age Structure: 0-14 years: 42.7% (male 744,265/female 714,116) 15-64 years: 54.5% (male 1,079,511/female 783,243) 65 years and over: 2.8% (male 55,180/female 41,770) (2009 est.)

Boarding Countries: Saudi Arabia, Yemen, and United Arab Emirates

Climate: Dry desert, Southwest summer monsoons, humid along coast

Urbanization: urban population: 72% of total population (2008) rate of urbanization: 2% annual rate of change (2005-10 est.)

Capital- Muscat.

Population in Cities: "In Oman, about 50% of the population lives in Muscat and the Batinah coastal plain northwest of the capital; about 200,000 live in the Dhofar (southern) region, and about 30,000 live in the remote Musandam Peninsula on the Strait of Hormuz."

Religions:Ibadhi Muslim 75%, other (includes Sunni Muslim, Shia Muslim, Hindu) 25% "less than 5 percent of the population and include various groups of Hindus, Buddhists, Zoroastrians, Sikhs, Baha'is, and Christians.

Key ethnic groups:"Arab, Baluchi, East African (Zanzabari), South Asian (Indian, Pakistani, Bangladeshi)."

Languages:Arabic (official), English, Baluchi, Urdu, Indian dialects

Brief History
Before Islam, Oman (then Magan), was ruled by Persian dynasties. The dynasties were attracted to Oman’s close proximity to the ocean, vital for trade.

Around 630AD Amr ibn al-As brought Islam to Oman and it has been Islamic ever since. Different dynasties ruled over Oman until 1508 when the Portuguese occupied Oman. The Portuguese were in control until 1648, when they were forced out by Yemeni tribes, who began the current line of ruling Sultans. Besides a small Persian invasion they have been self-governing ever since.

“The Dhofar Rebellion was launched in the province of Dhofar against the Sultanate of Muscat and Oman and Britain from 1962 to 1975. As the radical-leaning rebellion threatened to overthrow the Sultan's rule in Dhofar and produced disorder in other parts of Oman, Sultan Said bin Taimur was deposed by his son Qaboos bin Said, who introduced major social reforms to deprive the rebellion of popular support and modernised the state's administration. The rebellion ended with the intervention of Iranian Imperial ground forces and major offensives by the expanded Sultan of Oman's Armed Forces.”

Economic Development, Health, and Education
"Pre-university education in Oman has three stages: primary, preparatory, and secondary. Six years of primary schooling are followed by preparatory school. Academic results of the preparatory exams determine the type of secondary education the student will receive.

The adult illiteracy rate was estimated at 28.1% for the year 2000 (males, 19.6%; females, 38.3%). In 1998, there were 411 primary schools with 313,516 students and 12,052 teachers. Student-to-teacher ratio stood at 26 to 1. In secondary schools in 1998, there were 12,436 teachers and 217,246 students. As of 1999, 65% of primary-school-age children were enrolled in school, while 59% of those eligible attended secondary school. In the same year, public expenditure on education was estimated at3.9% of GDP. In 1993, there were 252 literacy centers and 176 adult education centers. Three teachers' colleges were functioning as of 1986. The Institute of Agriculture at Nazwa became a full college by 1985. Sultan Qaboos University opened in 1986. In 1998, all higher-level institutions had 1,307 teachers and 16,032 students."

GDP:$52.34 billion (2009 est.)

GDP per capita:20,300 (2009 est.) country comparison to the world: 59 $20,400 (2008 est.)$19,800 (2007 est.)note: data are in 2009 US dollars

GDP per industry: agriculture: 2.1% industry: 36.3% services: 61.6% (2009 est.)

Key Industries: crude oil production and refining(key export), natural and liquefied natural gas (LNG) production(key import); construction, cement, copper, steel, chemicals, optic fiber

Infant mortality rate:total: 16.88 deaths/1,000 live births country comparison to the world: 118 male: 19.29 deaths/1,000 live births female: 14.35 deaths/1,000 live births (2009 est.)

Life expectancies:total population: 74.16 years country comparison to the world: 93 male: 71.87 years female: 76.55 years (2009 est.)

Literacy rate:total population: 81.4% male: 86.8% female: 73.5% (2003 census)

Average school attainment:total: 12 years male: 12 years female: 11 years (2006)

Governance
The type of Government is an absolute monarchy. The monarch is called the sultan and he is QABOOS BIN SAID. Under him is the Council of Oman or The Consultation/Shura Council. The members of the council are voted on in the smaller districts of Oman. After all the elections the candidates are presented to the sultan and he has the final pick of who gets on the committee. You must be at least 40 years of age and have good social standing. Under the sultan there are also ministers. They range from Deputy Prime Minister for the Council of Ministers to the Minister of Tourism. These ministers have great political power and really help the sultan run the country. All together there are 32 ministers.

They do not have a constitution but they do have a set of laws that were put into effect 11/6/96. The document is called the Royal Decree No. 101/96. In this document it discusses criminal law as well as the separation of high ranking officials from becoming involved or partners with private businesses that are involved in government contracts.

New public policy or laws are made and voted on by the Shura and the sultan.

Elections
The only elections are for the council of Oman or the Shura. The sultan cannot be voted on. The succesor is chosen by the sultan.

Judicial Review
Oman has a Supreme Court for judicial review. They also have an Administrative Court that is separate from the Judiciary and reviews all decisions made by any Government Body.

Courts and Criminal Law
As most Islamic countries, Oman's court system is a mix of inquisitorial and adversary. This being said the judge's role is not absolutely always the same. The training for lawyers and judges starts at the College of Sharia and Jurisprudence. After a three year program the graduates can either join the ministry or the courts. If they wish to be a judge they must then specialize in Sharia Jurisprudence. However, in the future Oman plans to set up a five year institution to train judges.

The hierarchy of the court system is:Supreme Court,Appeal Courts,Preliminary Courts, and Courts of Summary Jurisdiction. All of these courts hear all criminal, civil and commercial cases, but personal matters are referred to the Sharia courts. The Sharia courts are Islamic courts. The presumption of guilt of innocence is decided by the judge, unless it is a Supreme court case, in which the Supreme court and the Sultan make the decision.

Punishment
Capital Punishment- The last case of capital punishment in Oman was in 2001. The person was convicted of murder and drug trafficking.

Fines/compensation- Fines are used in the criminal system, but cannot be appealed unless it is more than U.S $1,300. Compensation in the commercial court is common.

Prison conditions- Prison conditions are up to international standards, but are very tough. There have been many reports of poor ventilation and very extreme temperatures in the prisons due to it. Men, women, and juveniles have different facilities.

Disparities- Rape is considered illegal, but very rarely convicted because one man's testimony is weighed as much as two women's. Because the Shari'a court (Islamic court) deals with all family and personal matters, spousal rape would go before a Shari'a judge. However, the Shari'a has no punishment for spousal rape. Women must look to family in cases of domestic violence, even if it involves the children. There have also been many cases of men sexually harassing employees. These men rarely, if ever get punished. Even in extreme cases of physical and sexual abuse to servants, they go unpunished.

Justification of punishment- The Royal Oman Police view punishment as justified because the offender brought it on themselves. It is the right and duty of the state to punish offenders.

Imprisonment rates- In 2000 there were 2,020 people incarcerated. That is 81 people per 100,000 people.

Legal Personnel
Look to Courts and Criminal Law for legal personal.

Law Enforcement
The Police system is organized as a centralized-multiple structure. They have State police and Quasi-military models of policing. There are some separations, but they are working for the same common goals. They also follow a traditional police model because of the Sultan and his authoritative tendencies. The Police presence in Oman is relatively new. The Royal Oman Police was established just less than 30 years ago. The Royal Oman Police (ROP) hierarchy starts with the Sultan. Under the Sultan is the Inspector General of Police and Customs. Under him is the assistant Inspector then it branches off into the Police Headquarters and the Directorate General. The Police headquarters then branches of into other subcategories by geographical regions and special task forces. Then under that is what is referred to as the specialized divisions that include the coast guard, mounted police, and special security police division. Under the Directorate are the directorate general (DG) of prisons, human resources, civil defense, traffic, and criminal investigations. Under these are the specialized directorates that include welfare, aviation, police music band, etc. There is no Non Muslim citizen's in the ROP or Omani Army. The Non Muslim citizen's do not get a chance to get into the legal system due to majority of Muslims.

Recruiting, selection, and training are very similar to the U.S.A. Men join at free will and are specially educated in their division of the ROP. When they move up in rank some additional training may be needed.

The most notable corruption in Oman by the ROP is the neglect to the issue of Human trafficking. Many men and women from India, Pakistan, Bangladesh, Sir Lanka, and the Philippines willingly migrate to Oman for work in construction, agriculture, and service sectors. Many times however these groups find themselves in involuntary servitude. Many cases of passports being withheld by employers or other restrictions on movement have been reported. In addition many women from China, India, Morocco, Eastern Europe, and South Asia have been trafficked to Oman for sexual exploitation. The Oman Government has legislation pending addressing the issue of human trafficking, but the corruption seems to be very deep so it is unclear how much the new laws can affect this issue.

The Royal Army, Navy, and Air force of Oman's relationship with the ROP is similar to the idea of First among equals. They are "partners" in preventing unwanted conduct in and around Oman, but are above the ROP.

Crime Rates and Public Opinion
Assaults-717 Burglaries-0 Car thefts-423

Corruption > % of managers surveyed ranking this as a major business constraint 11.87 % Courts > % of managers surveyed lacking confidence in courts to uphold property rights 12.92 % Courts > % of managers surveyed ranking this as a major business constraint 14.84 %

Drug offences-247 per 100,000 people Embezzlements-6 Executions-6 Executions (per capita) 1.99867 executions per 1 million Females prosecuted-710 Frauds-194 Jails-1,164 Jails (per capita) 0.000666223 per 1,000 people Kidnappings-5 Manslaughters-13 Murders-15 Murders with firearms 0 Prisoners 1,403 prisoners Prisoners > Female 5% Prisoners > Foreign prisoners 20.3% Prisoners > Per capita 81 per 100,000 people

Rapes-115 Robberies-166 Sentence Length-1,403 Software piracy rate-61% Total crimes-11,782

"Transnational Issues > Trafficking in persons > Current situation Oman is a destination country for men and women primarily from Bangladesh, India, Sri Lanka, and Pakistan who migrate willingly, but some of whom become victims of trafficking when subjected to conditions of involuntary servitude as domestic workers and laborers; mistreatment includes non-payment of wages, restrictions on movement and withholding of passports, threats, and physical or sexual abuse; Oman may also be a destination country for women from Asia, Eastern Europe, and North Africa for commercial sexual exploitation."

Reporting problems that may make these numbers less reliable is the fact that in Oman there is an absolute monarchy so crimes committed like corruption within the hiearchy of the monarchy would not be reported. The " big families" is Oman have lots of control in business and it is reported in smaller newspapers and websites. None of the major newspapers would publish anything with negative publicity about the monarchy.

Family Law
The Shari'a court (Islamic court) has jurisdiction over marriage, divorce, adoption, child custody, and inheritance. The husband and father of the household have all the decision-making rights. Women and children are spoken for by their husband or father.

Citizenship rights are determined by the state. For many families that left Oman during the 1970's when civil war was occurring and try to return now, have problems gaining citizenship. The law states that if you marry an Omani you can gain citizenship, but most likely your application will be denied. If you are born to a mixed family (one parent is Omani, one is not) than you may or may not be given citizenship. You may also be given citizenship, but you will have different rights than if both of your parents were Omani.

Social Inequality
In the past, women and children in Oman were not allowed to speak for themselves.

For several years, women rarely did/could own a home. Many women claimed that because the local law gave the house to the man in a divorce, it has kept many women in abusive marriages. However, due to the change of policy in Oman, women are not at a disadvantage and are actively involved in trade and commerce.

Human Rights
Rhetoric-Oman is part of the UN, which means they have committed themselves to human rights.

"Right information report is that it has number of traditional human rights as provided for, including the right to liberty and security of persons, human rights for equality of persons before the law, human rights for protection of persons from torture, the right to own private property, human rights for primary education, human rights for higher technical education and human rights for freedom of peaceful assembly and association. The Charter also provides Committee of Experts on Human Rights to consider States' reports. The Oman being member of League of Arab States, and thus has made binding League of Arab commitments to adhere to the standards laid down in these universal human rights documents. The inhabitants of Oman and their representatives are able to invoke their human rights through Arabic Commission of Human Rights, created by 22 member States of the League of Arab States of which Oman  is member. All inhabitants of Oman may turn to the UN Human Rights Committee through Council of the League of Arab States  procedure for violations of specific human rights."

Reality-"Right information report based on US Departments Reports, and Amnesty International and many local human rights activists is that implementation of declaration on many articles is mere formality and administration human rights record remained poor although there were improvements. Human rights of child for education and human rights of women for dignity as given in declaration of human rights are repeatedly violated by police administration itself .Child human rights, Disability human rights, Housing human rights, employment human rights, Refugee human rights, Reproductive Rights, Trafficking human rights are repeatedly being violated and there is no check over it, by administration and adequate redresses system is not available. Domestic media and local human rights activists’ Right information report available online is that that police use of excessive force resulted in killings."

title: Comparative law and justice/Oman


text:
Comparative law and justice/Belize

Part of the Comparative law and justice Wikiversity Project

Basic Information
Belize is a country located in the Central American region of North America. It is bordered on the north by Mexico, on the east by the Caribbean Sea, as well as Guatemala on its south and west. The total landmass of Belize is 8,866 sq. miles, making it slightly larger then the state of Massachusetts. Outside the mainland and on the coast of Belize lie many coral and mangrove isles known as cayes which are located along the World's second largest barrier reef, second only to Australia's. On the mainland of Belize, the northern half consists of lowlands, many of which are swampy and uninhabitable, and you will find that the southern half is just the opposite consisting of various mountain ranges including the Maya mountains which reach a maximum elevation of 3,675 feet atop Victoria Peak. Belize has a subtropical climate where the temperature ranges from 50 to 95 degrees Fahrenheit towards the coast where the trade winds come in effect, and it is even warmer as you go inland.

The population of Belize is 307,899 as of July 2009, 37.9% are 0 to 14 years old (male 59,462/female 57,117), 58.6% are 15 to 64 years old (male 91,298/female 89,170), and 3.5% are 65 years or over (male 5,185/female 5,667). The country of Belize is broken up into several districts including Corozal, Orange Walk, Belize, Cayo, Stann Creek, and Toledo. Of these districts, the district of Belize is the most populated and this is mainly because Belize city lies in this district. With a population of approximately 65,200 Belize city is the most highly populated city of its country. Other cities with large populations include San Ignacio(19,100), Orange Walk(16,300), Dangriga(12,000), and Belize's capital Belmopan(18,100).

The citizens of Belize have a wide range of religions,ethnicities, and languages. Belize's religions include Roman Catholic 49.6%, Protestant 27% (Pentecostal 7.4%, Anglican 5.3%, Seventh-day Adventist 5.2%, Mennonite 4.1%, Methodist 3.5%, Jehovah's Witnesses 1.5%), other 14%, and none 9.4%. Their ethnicities include Mestizo 48.7%, Creole 24.9%, Maya 10.6%, Garifuna 6.1%, and 9.7% of others. When it comes to the languages in Belize, English is their official language and even though only 5.6% of Belizeans speak English at home, 54% can speak it very well and 26% can speak some English. Other languages include Spanish 43%, kriol 37%, Maya kek'chi 4.5%, Maya mopan 3%, Garifuna 2%, Plautdietsch 3.2%, and a few others that add up to less than 1%.

Brief History
The history of Belize goes all the way back to between 1500 B.C. and A.D. 300 when the Mayan civilization spread into the area. The Mayans flourished in this territory and built many historic sites which still exist today including Caracol, Lamanai, Lubaantun, Altun Ha, and Xunantunich. European contact began in 1502 when Columbus sailed along the coast, but it wasn't until 1638 when the first European settlement was recorded due to shipwrecked English seamen. Over the next century and a half more and more English settlements were established during a period of time where piracy, logging, and frequent attacks by Indians and Spanish settlements where quite common. In 1798, the territory experienced its first documented battle known as the battle of the St. George's Caye where the British defeated the Spanish in order to claim the land. In 1840 the territory officially became a colony of Great Britain, and it was called British Honduras. Finally, the countries name was changed to Belize in 1973 and it became independent on September 21st 1981.

Economic Development, Health, and Education
The Gross Domestic Product of Belize is 2.534 billion, and 8,200 per capita. Economic sectors of Belize include 29% agriculture (bananas, cacao, citrus, sugar, fish, cultured shrimp, lumber, garments), 16.9% industry (garment production, food processing, tourism, construction, oil), and 54.1% in services. The key imports include machinery and transport equipment, manufactured goods, fuels, chemicals, pharmaceuticals, food, beverages, and tobacco, and there exports are mainly sugar, bananas, citrus, clothing, fish products, molasses, wood, and crude oil. The unit of currency is the Belize dollar, and the exchange rate using U.S. dollars is on a two-to-one ratio, two Belize dollars equals one U.S. dollar.

The infant mortality rate in Belize is 23.07 deaths per 1,000 live births (male: 26 deaths/1,000, female: 19.99 deaths/1,000). Males have a life expectancy of 66.44 years while women have a life expectancy of 70.05 years. The literacy percentage of males in Belize is 76.7% and for females it is 77.1% which ranks fairly high compared to its neighboring countries. Also, the average school life expectancy is 13 years for both males and females.

Governance
Belize is a Common Law country with Parliamentary Democracy as their form of government which happens to be based on the British model. Queen Elizabeth II is the head of state and she is represented in Belize by Governor General Colville N. Young Sr. in addition to Belize's second governor general. Prime minister Dean Oliver Barrow is head of the government and has the responsibility of leading the cabinet. There is a bicameral National Assembly with a 12 seat appointed Senate and a 31 seat elected House of Representatives. Out of the 12 members of the Senate, 6 are appointed with the advice of the prime minister, 3 with the advice of the leader of the opposition, and the Belize Council of Churches and the Evangelical Association of churches, the Belize Chamber of Commerce and Industry and the Belize Business Bureau, and the National Trade Union Congress and the Civil Society Steering Committee each advise the Governor General on the appointment of one Senator each. All of these members serve a maximum of 5 year terms. Due to a large number of Belizeans who participated in the referendum held during the last national elections in February 2008, there will be a change from an appointed Senate to an elected Senate. Belize citizens voted in favor of this change and it will become effective for the 2013 elections. Belize has a Constitution which divided the government into three branches including the executive, the legislature, and the judiciary. Laws are made in the Legislative branch of government by its National Assembly. Belize achieved full independence on September 21, 1981 and is now a member of the British Commonwealth, the United Nations and the Non-Alligned Movement.

Elections
The voting age in Belize is 18 for both men and women, and elections are held no longer than five years apart. Voting is done at the individuals own free will, it is not mandatory for them to vote but it is recommended. The Prime Minister has the right to determine the date of the general elections. Belize has two major political parties including the United Democratic Party and the Peoples United Party.

Judicial Review
Judicial review does have a significant role in the Belize government. An individual or group wishing to challenge the legality of a governmental decision must start by filing an application. The matter then comes up during a hearing where the Chief Justice is in charge of delivering a decision on the issue.

Courts and Criminal Law
There are several different types of courts in Belize beginning with the district magistrates. Each of Belize's six districts have a Summary Jurisdiction Court as well as a District Court making up these district magistrates. The difference between the two is that the Summary Jurisdiction Courts hear criminal cases where the District Courts hear civil cases. For the most part these magistrates have jurisdiction in less serious cases of criminal law and may issue fines and prison sentences up to 6 months. The next level of court is the Supreme Court which has unlimited jurisdiction for both criminal and civil cases. The Supreme Court usually deals with the more serious cases as well as handling appeals from the magistrates' courts. Lastly there is a Court of Appeal which hears appeals from the Supreme Court.

Belize has an adversarial legal system. All criminal defendants are presumed innocent until proven guilty as well as given their rights to be informed of the nature and particulars of the charges. Another important right granted to the defendants in more serious criminal cases is the right to trial by jury.

Punishment
There are approximately 1,100 prisoners in Belize which may not seem like a lot but when you compare it with this countries small population it is very high. There are 459 prisoners per every 100,000 people ranking it 5th out of 164 different nations. 6.4% of the prisoners in Belize are female, and according to the US Country Report on Human Rights Practices in 2007 the prison conditions are extremely poor. There is only one prison in Belize, the Hattieville Central Prison, and it is designated to hold a maximum of 1,200 prisoners. During the time the US made their visit to this prison their were 1,377 inmates, including 26 women and 35 adolescents which shows how there is an overcrowding issue. In addition to the overcrowding, some other issues include the brutalization on the prisoners by the prison officials, the withholding of food and water as punishment to the prisoners, conducted strip searches and beatings, and the extortion of money for transfers to better conditions. Pretrial detainees are held separately from convicted inmates, and only male juveniles are to be held in this prison. Female juveniles who are charged or convicted are not incarcerated by the Belize government, instead they are placed in the care of the government social services authorities. Although male juveniles are incarcerated and held at the Hattieville Central Prison, they live in a separate facility which is located outside the main perimeter fence.

Legal Personnel
Magistrates in Belize do not have to be trained lawyers, and for some reason they have been tough to find resulting in a backlog of cases which may be a significant factor of why the criminal justice system of this country is falling apart. The head of the Supreme Court is the Chief Justice, who is appointed by the Governor General with advice from the Prime Minister as well as the Leader of the Opposition. Judges of the Supreme Court are also appointed by the Governor General and they can serve until they reach the mandatory retirement age of 62. The key actors in the Court of Appeal are a President whom is again appointed by the Governor General and two appointed judges to serve on the court. There is no given age of retirement for these office holders.

Law Enforcement
Law enforcement in Belize is controlled by the Belize Police Department which is the only department which serves this country, making it a Centralized Single System. Although this is the only police department in the country, each district has at least one sub division. As of March 2008 Belize has about 1,073 sworn officers and 141 civilian employees. Ranks of these officers include the Commissioner of Police, Deputy Commissioner, Assistant Commissioners, Senior Superintendents, Superintendents, Assistant Superintendents, Inspectors, Sergeants, Corporals, and Constables ranked highest to lowest. The civilian employees are the individuals who handle services such as dispatching, records, finances, forensic evidence, and other administrative duties. This police department is broken up into two separate branches which are the Operational and the Administrative branches, both controlled by the Assistant Commissioner and the Deputy Commissioner. The visions and values these officers work towards including community partnership, best practices in policing, ethics and integrity, management and organizational efficiency and effectiveness, and to be able to identify, prioritize and solve problems. Like many countries, Belize does deal with corruption mainly by citizens, government bureaucrats, party politicians, and businesses, creating a public distrust around the country. Belize does have a military called the Belize Defence Force whose mission is to support the civil authorities in the maintenance of order in Belize, as well as other duties which are assigned by the governor general. When selecting these soldiers they hold recruiting drives with a goal of producing disciplined civilians who are both mentally and physically fit with an ability to work in harsh conditions. Upon being selected these individuals are then trained to become infantry soldiers. Partners of the Belize Defence Force include the Belize Police Department, the British Army, the National Emergency Management Organization, and the Customs department.

Crime Rates and Public Opinion
Crime is one of Belize's major problems, and it is dangerously on the rise. The most common crime is theft and it can come in a variety of forms including armed robbery, purse snatching, and pick pocketing. Belize has also become a transshipment point for drugs, most commonly cocaine and cannabis which has resulted in lots of money laundering activity. Shootings, stabbings, murder, and rape are also suspected to be on the rise. Crime in Belize is most common in Belize city but it is not unusual for crimes to be reported in other parts of the country including San Pedro, Cay Caulker, and Placencia. The majority of crime happens in these areas because they have a high volume of tourists who are easy targets for the criminals especially in unsafe areas. There is also an increase in crime around the holidays and spring break. Because a large amount of crime occurs in resort areas there is a lack of reporting on these issues because the resort does not want future tourists to know about these problems. In 2008 there were 103 homicides making a homicide rate of 34 per 100,000 people which has more then doubled since 2000. Along with the homicide increase, the total number of reported robberies, burglaries, and thefts has also increased about 7.5% to 3,248. According to NationMaster.com, human trafficking has become a major transnational issue for Belize including the trafficking of men, women, and children for both labor and sexual exploitation. Trafficking in Belize has become easy because of the lack of monitoring their borders with their neighboring countries including Mexico, Guatemala, and Honduras.

Many people are concerned about the increase of crime in Belize and the criminal justice system of the country is not responding to the issue. Perhaps one of the biggest concerns is the decreasing number of tourists visiting the country. Because tourism is responsible for approximately 300 million U.S. dollars each year and it is one of their largest sectors of the economy they must react to this crime issue throughout their country if they want this income.

Family Law
Marriage is an important part of the Belize culture. In order for non-Belize citizens to get married in this country there are several requirements that must be met. First, the couples willing to get married have to reside in Belize for at least three days, and it isn't until the fourth day that they become eligible to apply for a Belize marriage. After applying, the couples need to fill out a form which can either be found at the Supreme Court building, the General Registry counter, or the Attorney General's office. After full completion of the form, the next step is to get it signed by the Justice of Peace where a photo ID or passport for each individual is mandatory along with a photo copy of the couples arrival in Belize. Lastly, a license fee of 100 U.S. dollars is paid and with two witnesses, the couple is all set to get married. A Belizean wedding is simple and is conducted in the same way as in the United States usually celebrated in a church followed by a colorful reception with food, drinks, and dancing. In order to adopt a child in Belize, the government requires that at least one of the parents is above age 25 in addition to being at least 12 years older than the child. Also, single men are usually not allowed to adopt female children but this restriction can be waived by the decision of the court. Adoption of Belize children is also allowed for non-citizens but it is much more complicated. He or she must not have a criminal record, they must have a current recommendation concerning his or her suitability to adopt a child from his or his probation and welfare office or other competent authority, and has satisfied the court that his or her country of origin will respect and recognize the adoption order. There is no inheritance tax in Belize.

Social Inequality
Social inequality is a problem in Belize. Studies show that in 2005 the estimated average income for an average male is more than double the estimated average income for an average female, men made an average of 10,117 U.S. dollars were women made an average of 4,022 U.S. dollars. Along with the large gap between the male and female's average income, their unemployment averages are very different as well. This same study shows that the female adult unemployment rate is at about 17.2% where the males is at 7.5%. These statistics are examples of gender inequality in the form of employment. Although inequality does exist in Belize, the government is working towards eliminating this problem. Previous framework laid down by the government to help minimize social inequality include the Minimum Age Act, the Sexual Harrassment Act, the Domestic Violence Act, the Families and Children Act, and the Juvenile Offenders Act. These several acts along with others has given the Belize government enough satisfaction to move on to other problems not realizing that this issue is not quite fixed and continues to be a reality.

Human Rights
Overall, the government of Belize respects the human rights of its citizens and does their best to avoid any violations of them. Some human rights problems in Belize include killings, the use of excessive force by security forces, lengthy pretrial detentions, domestic violence, discrimination against women, sexual abuse of children, trafficking of persons for sexual or labor exploitation, discrimination based on sexual orientation, and child labor. The fundamental rights protected by this legal system are broken up into 7 different sections. Section 1 regards the respect for the integrity of the person, including freedom from arbitrary or unlawful deprivation of life; disappearance; torture and other cruel, inhuman, or degrading treatment or punishment; arbitrary arrest or detention; denial of fair public trial; and arbitrary interference with privacy, family, home or correspondence. Section 2 regards the respect for Civil Liberties, including freedom of speech and press; freedom of peaceful assembly and association; freedom of religion; and freedom of movement, internally displaced persons, protection of refugees, and stateless persons. Section 3 regards the respect for political rights: the right of the citizens to change their government. Section 4 regards the official corruption and government transparency. Section 5 regards the governmental attitude regarding international and nongovernmental investigation of alleged violations of human rights. Section 6 regards discrimination, societal abuses, and trafficking in persons. And lastly section 7 regards workers rights, including the right of association; the right to organize and bargain collectively; prohibition of forced or compulsory labor; prohibition or child labor and minimum age for employment; and acceptable conditions of work.

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

title: Comparative law and justice/Belize


text:
Comparative law and justice/China

Part of the Comparative law and justice Wikiversity Project

Aquay 19:33, 9 February 2010 (UTC)

Overview
China has the largest population in the world with 1,338,612,968 people (July 2009 est.). 19.8% of its people are under fourteen, 72.1% of its population is 15-64 years old, and 8.1% are age 65 and older.[1] China is the fourth largest country with a total of 9,596,961 sq km of land and water. China is in Eastern Asia and borders the East China Sea, the Yellow Sea, the South China Sea and the Korea Bay. Countries that China borders are Afghanistan, Bhutan, Burma, India, Kazakhstan, North Korea, Kyrgyzstan, Laos, Mongolia, Nepal, Pakistan, Russia, Tajikistan, and Vietnam. The climate in China ranges from tropical in the south, to subarctic in the north. China boasts the tallest mountain in the world, Mount Everest at 8,850 miles. [2] The most populated city in China is Shanghai with 15,789,000 people. The capitol of China, Beijing, is the second largest populated city in China with 11,106,000 people. Third is Guangzhou with 9,447,000 people, followed by: Shenzhen with 8,114,000 people, Tianjin with 7,468,000 people and Wuhan with 7,542,000 people. [3] There is no official religion in China and religion has not been seen as important. In fact, it is only recently that religious beliefs have been more tolerated. [4] Buddhism, Taoism, Islam, Catholicism and Protestantism, are the religions practiced most in China.[5]

Ethnic groups in China consist of Han Chinese at 91.5%, with Zhuang, Manchu, Hui, Miao, Uyghur, Tujia, Yi, Mongol, Tibetan, Buyi, Dong, Yao, Korean, and other nationalities compromising the remaining 8.5% (2000 census).

Languages spoken in China are Standard Chinese or Mandarin (Putonghua, based on the Beijing dialect), Yue (Cantonese), Wu (Shanghainese), Minbei (Fuzhou), Minnan (Hokkien-Taiwanese), Xiang, Gan, and Hakka dialects.

Brief History
China has a long history dating back to 2200 BC. The earliest known dynasty is the Xia Dynasty from 2200 BC to 1750 BC. The next dynasty was the Western Zhou from 1100 BC- 771 BC, then the Eastern Zhou from 771-256 BC, then Spring and Autumn period from 772-481 BC, then the Warring States period from 403-221 BC, then the Qin dynasty from 221-206 BC, then the Earlier Han dynasty from 206 BC-8 AD, then the Wang Mang Interregnum from 8-25 AD, the Later Ham from 25-220 AD, the Three Kingdoms from 220-265, the Dynasties of the North and South from 317-589, the Sui Dynasty from 589-618, the Tang dynasty from 618-907, the Northern Song from 960-1125, The Southern Song from 1127-1279, the Yuan (Mongal) from 1279-1368, the Ming from 1368-1644, and the Qing (Manchu) from 1644-1911. The Republic of China was established in 1911 and lasted until 1949. The People's Republic of China was established in 1949 and is a communist government.

Economic Development, Health, and Education
China is a communist state, however their economy is increasingly changing to capitalism. China ranks third in the world for GDP purchasing power at $8.767 trillion (2009 est). The GDP per capita is $6,500 (2009 est). The GDP is 10% agriculture, 48.6% industry, and 40.5% services (2009 est). Key imports are electrical and other machinery, oil and material fuels, optical and medical equipment, metal ores, plastics, and organic chemicals. Key exports are electrical and other machinery, data processing equipment, apparel, textiles, iron and steel, and optical and medical equipment.

The infant mortality rate is 20.25 per 1000 live births. The life expectancy for males is 71.61 and 73.52 for females. The literacy rate for the country is 90.0%. The literacy rate for males is 95.1% and 86.5% for females. (2000 census)

Governance
China is a communist state. It has a constitution, its "most recent promulgation 4 December 1982 with amendments in 1988 and 1993"

China has a multi-level system. The National People's Congress has the power. The NPC and the Standing Committee make the laws. The State Council creates regulations from the laws made by the NPC and the localities and local government form local regulations.

The National People’s Congress decides to approve a law and then the president publicizes it. The premier has no power to approve or reject laws. All other laws and regulations, administrative and local must submit to the national laws. The National People’s Congress can veto any laws that are not consistent with their own.

Elections
The voting age in China is eighteen and it is universal.

The National People’s Congress is in charge of electing the president and vice president. They serve five year terms and are eligible to be elected for two different terms. The president then nominates the premier and the NPC must confirm the nomination. The next presidential election will be in March of 2013.

The NPC is called Quanguo Renmin Daibiao Dahui. It has 2,987 seats. The municipal, regional, and provincial people’s congresses elect the congress with the People’s Liberation Army. They serve five year terms. Only communist party members and affiliates and sympathizers are elected.

Local elections for villages are taken by direct vote.

China’s top court is the Supreme People’s Court whose judges are appointed by the NPC. The Lower People’s Courts have higher, intermediate, and basic levels.

Judicial Review
There is no judicial review in China. The NPC is alone in charge of reviewing its laws.

Courts and Criminal Law
"China's legal system is based on a civil law system; derived from Soviet and continental civil code legal principles."

The Supreme People's Court is the highest court in China. It handles cases that affect the entire country. They also hear appeals from the Higher People’s Courts. It interprets statutes but the interpretations must be consistent with the government's communist principals.

The Lower People’s Courts have higher, intermediate, and basic levels. There are also Special People’s Courts who deal with military, railway transportation, maritime, and forestry courts.

The trial process is an inquisitorial one. A procurator initiates the investigation. A panel of judges and laypeople decide the case. They also assist in the inquisitorial process. There is no presumption of innocence and no right to silence in China.

China offers free health coverage to its people. The system works in urban areas but not in rural areas. There are a lack of medical personnel and resources in rural areas.

China has just reformed its Tort law to allow for punitive damages in some cases.

Punishment
The Criminal Law provides that Principal Punishments are classified as control, criminal detention, fixed term imprisonment, life imprisonment and death penalty.

Control is what they call punishments for minor offences. It is similar to our probation system; they offenders are monitored in their daily lives. Criminal detention is used for relatively minor offenses on term of six months to fifteen years. The offender is imprisoned locally and may go home for a couple of days a week and hold a job. A fixed term for imprisonment which would include life imprisonment is sent to a labor prison for “reform.” China also uses the death penalty. China executes more people than any other country in the world.

"Death penalty statistics continues to be regarded as a state secret, making it difficult to assess official claims that the reinstatement of Supreme Court review had reduced the number of executions. Based on public reports, Amnesty International estimated that at least 470 people were executed and 1,860 people sentenced to death during 2007, although the true figures were believed to be much higher."

Other punishments may include fines, confiscation of property, and deprivation of political rights.

There are 118 per 100,000 people imprisoned in China.

The prison conditions in China vary. Many if not most are overpopulated and filthy with little control over heat/and hot water.

Legal Personnel
China’s justice structure is informal. The people of China do not rely on lawyers like Americans do. As of 2002 there were only 110,000 practicing lawyers in China. China has the People's Mediation committee (PMC). This is composed of 10 to 20 people elected to three year terms. These committees carry out an informal sanction process when someone has committed an act disruptive to society.

Law Enforcement
China has a multiple coordinated police structure. It is a quasi-military police model. The police serve the interest of the state. It is more traditional and intelligence led in style.

China has a Ministry of State Security and a Ministry of Public Security. The Ministry of Public Security is the top branch of law enforcement in China. It overseas all domestic activity. It regulates police operations and prisons. It has separate departments for communications security, economic security, and political security. It also regulates lower public security stations which interact with the public daily. Under its control is also "The People’s Armed Police Force" which has 1.5 million people in 45 different divisions including police communications, guards for government buildings, internal security police, and border defense.

The police are educated in three different formal schools. One is police training schools that provide basic training (jingcha xue xiao). Another is post secondary colleges (jiangcha zhuanke) and the third is higher education(chengren jiaoyu). There are also four different levels to police training and education; the secondary school (middle level) technical education (zhongdeng zhuanke),post-secondary (upper level) professional education (gaodeng zhuanke jaoyu), police undergraduate education (gongan benke jiaoyu), and police graduate education (jingcha yinjiusheng jiaoyu).."

There are three police universities - Chinese People’s Public Security University (Zhongguo Renmin Gongan Daxue), Chinese People’s Police Officers University (Zhongguo Renmin Jingguan Daixue) and Police Criminal Police College (Zhongguo Xingshi Jingcha Xueyuan) The Ministry of Public Security is responsible for the planning and organization of police training and education nation wide.

To be eligible for the Ministry of Public Service schools, one must be between 18 and 22, or a serving officer with more than 2 years in, not older then 28 and middle high education, or an officer with a high school certificate or equivalent who has served with distinction. They must uphold the Communist Party ideology and be law abiding. The Communist party is responsible for the content of education.

Nation Master ranks China number 78 out of 159 countries for most corruption which takes in to account police corruption.

The Chinese People’s Liberation Army is the largest military in the world. Service is mandatory for males, however the government has not needed to enforce this. The Army is under the Command of the Central Military Commission of the Chinese Communist Party and is seperate from the public police force.

Crime Rates and Public Opinion
"China remains one of the countries with the lowest crime rate in the world. Of all the crimes reported, theft accounted for about 80% of crime." However according to the Pew Global Attitudes Pole six in ten Chinese citizens see crime as a major problem.

The Chinese Ministry of Public Security publishes crime statistics. It is assumed that crimes that are not relevant to human rights issues are somewhat reliable.

Arson: 4,585 cases (21.3% decrease over the same period last year) Bombing: 543 cases (17.7% decrease) Murders: 11,000 cases (13.6% decrease ) Rape: 15,000 cases (5.8% decrease) Assault and battery: 65,000 cases (0.1% decrease)

China justifies punishment with work based rehabilitation. If you are physically able then you are required to work while in prison in order to be reformed. There is some education given in prison but not a lot.

Minority populations are more likely to be imprisoned and to not have due process.

Citizenship Rights
All ethnic minorities in China have citizenship. Citizenship is given: if born in China with at least one Chinese parent, if born outside of China to a least one Chinese parent with citizenship, or if born in China to stateless parents. Foreign nationals lose their citizenship, state officials and military people cannot renounce their citizenship. Foreigners can become citizens if their relatives are Chinese, if they live in China, and if they have other legitimate reasons.

Family Law
China has a restriction on the number of children a family can have. Since this restriction has been imposed, the female population has dropped. In the 0-14 age population 53.1% are male and 46.8% are female. (percentage does not add to 100 due to rounding errors)

The Peoples Republic of China started allowing divorces in 1949. Many women who tried to take advantage of this were killed or ended up committing suicide. From 1949-1976 divorce rarely occurred. Recently it has become easier and the divorce rate has gone up to 1.4/1000 people which has risen since 1990.

Divorce can be obtained after mediation has failed if there has been bigamy and extra marital relationships, abuse or abandonment, habitual gambling and drug abuse and other vices, when a couple has lived apart for two years in an unloving relationship, or if other circumstances lead to a failure of a loving relationship.

Even though bigamy is ground for divorce, polygyny is practiced in China but not so often due to the imbalance of women to men and the income of the husband. It occurs more in the upper middle classes.

Due to the one child policy in China, many of the children put up for adoption are female. Families prefer sons and often give up their children officially and unofficially. Many adoptions are to foreign families.

There is currently no inheritance or gift tax in China. Inheritance law is covered under The Civil Law, The Property Law, The Company Law, The Marriage Law, The Succession Law and The Foreign Investment Enterprise Law. Inheritance can be passed down through statutory succession, will, and legacy. Highest precedence is husband or wives, then children or parents, then brothers and sisters and grandfather and grandmother. Residential land is not passed on, but the right to use it can be transferred to family members. Men and Women both have full inheritance rights.

The Chinese family is changing with their countries economic growth. Traditionally, parents chose wives for their sons and romantic love was not allowed. Now children have more of a say in whom they marry. The husbands and fathers have authority over females in the family. The males make the decisions.

Social Inequality
China has a lot of economic inequality. The “wealth gap between the urban and rural communities are among the highest in the world.” The average city dweller earns $1000 a year compared to rural people who earn a little more than $300 a year on average. An urbanite also lives about five years longer than a farmer.

There is also educational inequality. “In Tibet, only half of the population can read and write while over 97 percent Chinese living in Beijing, Shanghai or Tianjin are literate. At national level, illiteracy rate for women is more than double that of men.".

There is some question about the rate of inequality of females in employment. Some suggest that females are still being discriminated against while others say it is not happening so much anymore.

Human Rights
China is notorious for its human right violations. The US State department sites China in its 2009 report for multiple violations. They include restrictions on freedom of expression, assembly, and association, torture, execution, violence against women, repression of religion, and discrimination against gays and minority populations.

The one child policy in China has caused many human right violations including reported abuses in its enforcement. These abuses include bribery, coercion, forced sterilization, forced abortion, and possibly infanticide, with most reports coming from rural areas.

The government continues to repress the Tibetans, Mongolians, and the Uighurs. The government harasses lawyers who try to defend those who threaten the communist party. After the riots in Xuar, the government sentenced many Uighurs to long prison terms and death without due process. The government has cut off the international phone and internet connections in Urumqi.

China has also violated the right of Tibetans and continues to do so. Authorities have committed extrajudicial killings, arbitrary arrests, torture, and extrajudicial detentions. Any support for Tibetan independence is criminal, violent or not.

The Chinese government has active control over the information in China. Much of what the government says is not reality. People are unable to speak out against the government without punishment. All communication is heavily monitored.

title: Comparative law and justice/China


text:
Comparative law and justice/Dominican Republic

Part of the Comparative law and justice Wikiversity Project

Blackyylubi 19:34, 9 February 2010 (UTC)

Basic Information
A very important symbol of the country is the flag. However, the flag of the country has a very important meaning.The centered white cross that extends to the edges divides the flag into four rectangles - the top ones are blue (hoist side) and red, and the bottom ones are red (hoist side) and blue; a small coat of arms featuring a shield supported by an olive branch (left) and a palm branch (right) is at the center of the cross; above the shield a blue ribbon displays the motto, DIOS, PATRIA, LIBERTAD (God, Fatherland, Liberty), and below the shield, REPUBLICA DOMINICANA appears on a red ribbon. The Dominican Republic is located in the Caribbean and its location is about two thirds of the island Hispaniola. Dominican Republic is in between the Caribbean Sea and the North Atlantic Ocean east of Haiti. The temperature in the Dominican Republic has seasonal variation and seasonal rainfalls. The majority of the time weather conditions compared to that of New England are wonderful. The country population is 9,650,054 as of July 2009. 31.4 percent of the people in the country are between the ages of 0-14 years old [males: 1,543,141] [females: 1,488, 016]. 62.7% are between the ages of 15-64 years old (male: 3,087,351] [females: 2,960,319]. 5.9 percent of the population is over 65 years of age [males: 2, 64,476] [females: 305,751]. This statistical information is the structure of age in the Dominican Republic since data was last recorded in 2009. The countries population has grown over 1.489 percent.

Most of the people in the county claim to be a part of the Roman Catholic religion. About 95 present of the people in the country are Catholics. The other 5% are within some small Protestant, Seventh Day Adventist, Baptist, Mormon and Jewish communities throughout the Dominican Republic as well. There are also some people who believe in Santeria (witch craft).

Brief History
Hispaniola, the island on which the Dominican Republic is located, was discovered by Christopher Columbus in 1492. This happened during Christopher Columbus voyage. He decided to name it La Espanola. Then in 1697, Spain discovered that France had control of their neighboring country Haiti. However, Haiti is known as the third Part of the Island. The Remainder of the Island was known as Santo Domingo it was governed by Haiti for 22 years. Then in 1844 the Dominican Republic they declared independent but, in 1861 they decided to go back to the Spanish Empire. Even though after, being govern by the Spanish Empire for two years they decided to declare a war and gain back their complete independence in 1965. Dominican Republic was ran by a dictator Rafael Leonidas TRUJILLO from 1930-1961. After that Juan BOSCH was elected president in 1962 but was deposed in a military coup in 1963. However, in 1666 Juaquin Balaguer won the election and was in power and had good control over the country for 30 years. Since then, Former President (1996-2000) Leonel FERNANDEZ Reyna won election to a second term in 2004 following a constitutional amendment allowing presidents to serve more than one term.

The Dominican Republic became independent February 27, 1844 from Haiti. However, in the country February 27 is known as a national holiday. The constitution was established November 28, 1966 and it was amended on July 25, 2002.

Economic development, Health & education
When it comes to the birthrate within the country 22.39 /birth/  1000 in a population and the death rate is 5.28 death / 1000 in a population another, important statistic is the infant mortality rate there are 25.96 deaths within 1000 lives. The majority of the people in the country are expected to live till at least 73.7 years old. Also in the Dominican Republic there are women whom have 2 children within the period of the same year. When it comes to HIV/AIDS there are a lot of people in the Dominican Republic living with it. As sad as it may sound there are 62,000 throughout the country living with HIV/AIDS. Even though there have been 4,100 people in that country throughout many years that have died from HIV/AIDS. Along with other complications there are a lot of major infections and diseases within the Dominican Republic. People at times get sick from different foods and the contaminated water or from waterborne diseases. However, people with contaminated water diseases end up having Leptospirosis. Some of those diseases are known as diarrhea, hepatitis A, Typhoid fever. The vector borne diseases are known as Malaria and dengue fever.

When it comes to health related issues the Ministry of Public health went around the country immunizing people. They immunized more than 3, 00,000 around different provinces. Their goal was to reduce the risk of different diseases. They were also trying to reduce tetanus hepatitis b and pertussis. The country considered this to be an important event because since it is a 3rd world country and they need every health related resource that they can get. The doctor who proctored the whole thing found this to be a great thing found this to be a great opportunity for the country.

When it comes to the education in the Dominican Republic there are both public and private education institutions available. When children are in the public education system they are provided with one year of pre-schooling and with an education from grade 1-12. However, children are obligated under the laws of the country to at least go to school from pre-k till the 8th grade in order to be able to drop out. The major issue with some kids not going to school sometimes is because the education is free in public schools but, it is mandatory to wear a uniform. Since, they must wear a uniform some parents don’t have the money to pay for the uniforms and there not free. In the other hand private schools are not free. The parents of these children most pay if they want their child in private schools. Since, the parents pay for the education of their children those kids can start school at a nursery age. When it comes to the continuation of the education after the basic 12 years of schooling there are many public and private colleges in the country and there not free even if their public. 87% of the country population knows how to read and write. Even for those who are not fully educated by the age of 15 you are expected to know how to read and write.

The economy in the country has been established and it has been quite successful due to the whole service sector the country has. The large tourism industry through the country has helped the country’s economy maintain stable. The free zone industry they maintain a light manufacturing through the country has also helped out the country’s economy. The most important thing that has helped the economy is the trading system of imports and exports to and from the Dominican Republic. The country is involved in major trading of exporting goods with Canada the United States and U.K. A lot of the things that are exported from the country are: sugar, coffee, fruits, tobacco, cigars and things like that. There are goods that are imported from the United States, Venezuela and Mexico. The important things that get imported to the country are: wood, petroleum, pharmaceuticals and food products and other important goods. The whole idea of the trading industry is what has helped the countries economy get better it’s like running a business to and from the country. However, the country suffers from a major income inequality. The poorest population receive less than one fifth of the countries (GDP).when it comes up to the rich population of the country they enjoy 40% of it. There are a high number of people in the country that do not work. Due to the recession in the United States in 2009 the counties (GDP) went down but, this year their expecting an increase. The countries rate of (GDP) is at $44.72 billion and the (GDP) in general is at $78.89 billion. But, in 2009 the rate of its increase was at a -0.3%. The money however is all equivalent in U.S dollars not in Dominican Republic money.

Governance
The Dominican Republic has three branches of government. In the executive branch, the chief of state is the former president Leonel Fernandez Reyna and the vice president Rafael Albuquerque de Castro ever since August 16, 2004. In other words, the president is the chief of state and the head of the government as well. In that country presidential elections are held on the same ticket as vice president. They are elected by the majority of popular vote. when they’re running in office they serve a four year term and also have the right to run for a second conservative term, the last election was held may 16 2008 and the next election will be held may 2012.From the last election Leonel Fernandez was reelected president by 53.6 percent. He ran against Miguel Vargas whose vote had 41 percent and Amable Aristy who had less than 5 percent.

When it comes to legislative ranch the cogresso nacional in other words the national congress consist of the senate known as the senado in this country there are 32 members in the senate who were elected by popular vote within the country .the house of representatives known as the camara de diputados has 178 members served for them who also are elected by popular vote .people in the senate and in the house get to serve a term of four years.

When it comes to the judicial branch the Supreme Court known as la corte suprema comprises of the president. Judges are appointed by the national judicial council as well as the president of the Supreme Court and a non congressional representative that is not governing in any way as well.

Elections
In Dominican Republic the election age is 18. People are allowed to vote at 18, and are also legally to participate in any government activity. People are required to vote, but not all citizens attend elections due to the fact that they feel as thouh the country does not have any improvement.Members of the arm forces and national police cannot vote. Dominicans are required to have and ID, when they take out the ID they are imediately registered for elections.They are assing a place where they are required to go vote on election date. Elections are held every four years. Presidents elections are held every four years.Two years after the presidential elections, congretional elections are held. Congretional elections consists in electing new senators, majors, and helpers of office. .

Punishment
In the Dominican Republic death sentences are not allowed under any circumstances. When a person murderess someone they can do up to life in prison depending on the murder.When people steal something from someone or someone’s house and there able to escape but then get caught by authority they get put into to jail and must pay a fine in order to get out of jail. However when they don’t have the money they must do the time for their crime. The weird thing about the Dominican republic in regardless to robbery is that if someone goes inside your home to try to steal from you and your at home while this act is occurring and you fear them and you shoot them for self defense and they die you don’t not get put in jail for the crime because they should of never been stealing from you in the first place.Corporal punishment under no circumstances is allowed. They don’t execute people. Since the Dominican Republic is considered as a third world country and poor compare to the United States. With this being said what talks in the Dominican Republic is money if you can’t afford a layer to back you up in a case you’re pretty much on your own and left in jail. Jail cells in the Dominican Republic are overcrowded since the prison rate is high. Two of the most known jails are La Victoria and Najayo in the capital of the Dominican Republic.In this country regardless of your age if you do a crime you must do the time. But they have a training school base jail for minors. When it comes to religious beliefs in the Dominican Republic you have the right to belief whatever you want to belief without any interference .they have bigger problems to deal with in regards’ to crime and religion is not one of them.Citation:

Legal Personnel
When it comes to the Dominican Republic and the courts they have no jury. Judges are the ones who decide and declare a case in the aspect of weather someone is guilty or not. When it comes to hearing cases in the court room the only person to be present in the court room are the 2 lawyer from the prosecutor or the defender. In addition to that in the Dominican Republic they have the Supreme Court of justice and tribunal. When it comes to decisions of courts the Supreme Court plays the higher role in decisions and whatever the Supreme Court decides no one can object. In addition courts in the Dominican Republic run differently and are viewed differently than courts in the United States. Courts over there are divided from minor cases to major cases. It’s not like in the United States that you can have all different kind of cases going on all at once in one court room. In the Dominican Republic they like to have cases separated from each other so that all cases relating to one topic are in one room. For example all drug cases are heard in on room, and all divorce cases are heard in another. However that doesn’t mean that a judge that is only good for that one type of case it’s just the way the Dominican republic keeps there courts organized.Citation:

Law Enforcement
In the Dominican Republic they have three types of law enforcement agencies. They are called Policia Nacional Dominicana,witch is directed by Mayor General Rafael Guerrero Peralta, P.N.Direccion Nacional de Control de Drogas (DNCD) president of this department is Lic. Rolando E. Rosado Mateo. Departamento Nacional de Investigacion (DNI)is under the direction of General Ramón Antonio Aquino Garcia. Policia Nacional Dominicana is in charged of the human resources, legal process, citizens complaints and all other legal problems. Direccion Nacional de Control de Drogas is an institution whose objective is to suppress and prevent drug trafficking and drug use through preventive programs carried out at different levels of the population.Departamento Nacional de Investigaciones (DNI)is in charge of maintining national security, stability and order, as well as prosperity continuity of the Dominican State.The military is only use or needed in a case of national security. They do not attend to everyday problems, they only attend national problems and are only supposed to be on duty when the President makes the call. (DNCD)

Crime Rates and Public Opinion
When it comes to crime rates within the country in 2007 38% of deaths were in relation to crime related activities. Even though, within the time period of 2008-2009 the number of death related to crime related activities increased by 65.5%. When it comes to the victims of these crimes 58% of them were between the age of 18 and 34 years old which is still quite young. In the majority of crimes in the country 62% happen between the hours of 6-pm till 6am and 52.5% of them happen Monday – Thursday. After all 92.6% of the victims of the crime are men that do not cooperate with the person committing the crime. The most common crimes that take place in the country, are robberies and car theft as well as going into private homes to steal. Another, crime that is out of control is the whole idea of kidnapping people for money as well as stealing peoples purses and cell phones on busy streets and in bad neighborhoods. Most of the crimes take place in the capital of the country Santo Domingo, La Vega, San José de Ocoa, San Cristobal and in Santiago. these crimes tend to be done be people who are less fortunate and are a bit poor and at times just migrate the upper class neighborhoods to steal and make a living. One of the major reasons why things like this happen in this country is because of the lack of unemployment. Another problem is that the country faces is their high demand with drugs and alcohol being at such an easy access for people. Since, drugs and alcohol are at such an easy access for those people who drink and are on drugs have a great possibility of getting involved in crime related activities. The whole idea of drug trading between people in the country and drug traffickers also creates problems that involve crime related activities. In addition, weapons are at a very easy access and that is one of the biggest reasons why there are a lot of crime related issues within the country.

Family Law
Every country has its own way to look at marriage but when you’re getting married in the Dominican Republic and you’re from the U.S you must plan accordingly with your time. Since there are a few steps you must follow before you can get married. The couple must be registered in the (city clerk) La officina Del Estado Civil. They most both have legal passports if they’re not residents of the Dominican Republic along with an original birth certificate for each person is required. Along with that they must have an affidavit of a Single status if their single if the couple is not originally from the Dominican Republic they must pay to have it translated to Spanish by the consulate. If you happened to be getting remarried they need a certificate of divorce and under the special divorce law this person must wait 24 hours after they give in the certificate in order to get married and if they are not from Dominican Republic they must get the certificate translated in Spanish by the consulate as well. In addition, when getting married there you also need a statutory of declaration form to be notarized by a lawyer or a solicitator and each individual getting married needs one. As we all know paper work is done for free this may cost you up to $455.00 for the process of the marriage.

However if the wedding is hosted by a resort or a hotel fees may vary and they help you get the whole process complete. When getting married you must have two witnesses along with the person performing the marriage. The person whom is playing the role of witness must have an identification if their Dominican they must a (cedula) known as an ID and if the witness are not from the country they must have a valid passport. When the marriages take place as a civil ceremony after the ceremony is performed the couple is provided with documentation stating that their married and it is legal all around the world after the Oficialia Del Estado Civil will give them a marriage certificate. When you get married by the church things are a bit more formal and the couple getting married must fulfills the civil requirements as well as the church requirements. Religious marriages have the same legal rights as civil marriages when it comes to legal documentation. In the Dominican Republic men at the age of 16 and women at the age of 15 are allowed to get married without their parents consent. No one under that age my get married unless under certain circumstances the judge allows the marriage to take place in civil marriages. No one is allowed to be married to two people at the same time. In the case of women they must wait a time period of 10 months after the divorce became final before they can remarry unless their planning to marry the same person the divorced. However at the time that the civil marriage is taken place the government official that is hosting the ceremony has the right to waive this requirement but the wavier must be in writing. When the wedding ceremony is taken place if either the bride or the groom was married before that must provide the date and the name of the person to whom they were once married. The only way a person is no longer considered married is if one of the two spouses dies or if they get a legal divorce. The same laws apply to marriages that have taken place in the church.

When it comes to matrimonial property laws there are different ways in which this takes place in this country you either both have rights to the property under the common property law when both men and the women have the same rights to everything owned between the couple. As well as the separate property law when everyone is left responsible of like their own debt within the marriage but the husband is left responsible for his own debt and for the debt of the wife while he was still being represented as if he was married.

On august 8, 1990 the Dominican Republic signed a convention on the rights of children. Then on June 11, 1991 the convention was ratified. In 2004 the country adopted a new code that protected children and adolescents law163-03 El Codigo para el Sistema de Protection y los Derechos Fundamentales de Los Niños y niñas. This was related to everything in the country in regards to children for example parental rights, adoption, guardianship and custody. Children have the right to speak up and give their opinion when it comes to the whole idea of any of these cases according to the law in the Dominican Republic. When all of this was established they came up with a family court system for children know as Tribunal del niño y niñas y adolescente. However since resources are limited in the country sometimes laws can be ignored. Parent’s rights can be terminated if the child is being neglected and mistreated especially when there is evidence to prove it. Researches shown that the majority of children in the Dominican Republic where or are victims of abuse but because of the lack of resources lots of cases are un- reported. In most cases the person being the abuser is either a close family friend or a relative. However, they are trying to come up with a way to have these thing not happen and find a solution to the problem but it is very time consuming but their working on it. By law people should not be mistreating children they must care for them but not abuse them.

Human Rights & Social inequaliy
In Dominican Republic the number of unlawful killings by security has raised in 2008. When it comes to the Haitian Dominicans and Haitians in general they face some serious issues within the country in ideal of human rights. When it comes to a person’s rights to health they try to warn people to be advised of people who have HIV & AIDS. Under the rights to a person’s health the Joint United Nation Programmer on HIV & AIDS warn people that there was an epidemic in regards to AIDS. There was a point in time that there were more people with HIV & AIDS than what the country was able to control. In poor neighborhoods were people of low resources lived like batays has highest demand for HIV & AIDS due to their lack of resources.

People with HIV & AIDS in the country have to face a very high demand of discrimination within the country in regards to the acceptance by society. When it comes to the work place people fear to hire people with AIDS they are high discriminated because of their illness. This how a human right is described as to when it comes to a serious illness in the country.When it comes to the right of policing and security the force they have a very lacking ability in their government and even in the way of helping and trying to solve a situation. They have a very high level of violent crimes in some neighborhoods. Information states there where 298 people who were killed by the police between January and August however, there has been a major concern in regards to human rights because the number of fatal shootings have been very unlawful. That led to having a lot of police officers expelled from the service for beginning corrupted and were asked to retake some training to try to improve their policing, but since not many allegations were made the system still continues to be corrupt with individuals and rights. There are millions of cases where police officers take advantage of the people’s rights just because they are an authority figure.When it comes to access of nationality they also face a high rate of discrimination because of the fact that there are a lot black of dark skin colored Dominicans. So what they do is examine closely documentation before renewal or registration. However under the human rights they should not be discriminated because of their color. They were also mandated to immediately provide legal documentation to all Dominican Haitians. Its shows that regardless of the discrimination they play against them they have human rights that protects them.

When it comes to expulsions in the country in regards to the human rights organization there were more than 6000 Haitians that were sent back to Haiti in the first 6 months of the year. The majority of those deportations that took place were not done legally right under the international legal right standard. They were reports that the state they were mistreated by immigration officials and security forces. In addition the human right organization also stated that there were many Haitian children who happen to be trafficked into the Dominican Republic for the use of agricultural and domestic work. That was just not right the way those children were being treated as a working object instead of providing them with a fuel blown education but organization of human rights did try to help those children who’s cases were reported. When it comes to the rights of freedom of expressions of human under the right of a journalist in the Dominican Republic reports have shown that many of the workers are intimidated harassed on the job as to how they are to express them self’s on their job. At times they where even threatened by their employer physically or verbally as to the things they can or can not say.