1. Why do some believe that the justice system is interdependent and others believe it is fragmented?

Answer 1

Some win their cases and are happy; others lose so are angry about it.

Also it is fragmented when you look at justice within the military for example; the USA have kept people in Cuba without charges for years now, which would be illegal back in the states but somehow passes as legal in Cuba.

Answer 2

the criminal justice system is interdependent....read below and you will gain an understanding why it is interdependent...

For a true international criminal justice agency to be effective, it requires active participation from all of the countries involved. One of the major arguments against the formation of a true international criminal justice agency is the loss of national sovereignty for the countries involved. The latter is argumentative because each of the participating country, in the creation of a true criminal justice agency, would have to totally agree on the governing laws to passed and enforced, how law enforcement officials would create a network of information and contacts, and the creation of policies and procedures involving criminal investigation, arrest powers, apprehension, and charging of offenders.

Countries, in regards to prosecuting heinous crimes against humanity, would have to consolidate their laws and resources to accommodate their need to operate as an International Criminal Justice Agency. Countries participating would have to operate under international laws. Countries would have to combine their resources and authorize each other’s law enforcement bodies to enforce laws in each other’s jurisdiction.

Each of the three components of the criminal justice system has to function flawlessly, even if each of the components is located in different parts of the world. Staffing such a large and information sensitive organization will be a challenge but my suggestion for staffing and training personnel is hiring experienced personnel from the other member countries’ national law enforcement organization.

Courts:
On April 12, 2000, the International Criminal Court (ICC) was created the auspices of the United Nations. The ICC, which has yet to begin functioning, is intended to be a permanent criminal court for trying individuals (not countries) who commit the most serious crimes of concern to the international community, such as genocide, war crimes, and crimes against humanity. It includes the wholesale murder of civilians, torture, and mass rape. The ICC will be a global judicial institution with international jurisdiction complementing national legal systems around the world. Schmalleger (2005)

The United Nations’ website (http://www.un.org/law/icc/general/overview.htm) states that one of the primary objectives of their organization is securing universal respect for human rights and fundamental freedoms of individuals throughout the world. In this connection, few topics are of greater importance than the fight against impunity and the struggle for peace and justice and human rights in conflict situations in today's world.

The establishment of a permanent international criminal court
(ICC) is seen as a decisive step forward. The international community met in Rome, Italy, from 15 June to 17 July, 1998 to finalize a draft statute which, when ratified, will establish such a court.

We need an International Criminal Court (ICC) to achieve justice for all, to end impunity, to help end conflicts, to remedy the deficiencies of “ad hoc tribunals”, to take over when national criminal justice institutions are unwilling or unable to act, and to deter future war criminals.

The ICC’s purpose is to prosecute persons charged with the most serious international crimes, such as crimes against humanity, war crimes, and genocide. (Dempsey, Reasonable Doubt, 1998)

Cases between nations, not individuals, will be handled within this component of the criminal justice system. An international court will try acts of genocide and extreme violations of human rights. International court will have to interpret International law, which would include a Constitution and a Bill of Rights protecting the rights of the accused. It would have to establish jurisdiction and rules of Criminal Procedures. International law will apply equally and without exception to any individual throughout the governmental hierarchy or military chain of command. At least, some perpetrators of war crimes or genocide may be brought to justice acts as a deterrent and enhances the possibility of bringing a conflict to an end. (Rome Statute of the International Criminal Court, 1998)

“There can be no peace without justice, no justice without law, and no meaningful law without a Court to decide what is just and lawful under given any circumstance.” – Benjamin B. Ferencz, a former Numberg prosecutor.

Police:
International Law Enforcement Organizations such as the European Police Office (EUROPOL) and International Criminal Police Organization (INTERPOL) would be formed to be the enforcement body of the International Criminal Justice System. Each International Law Enforcement body from different countries would have to have a co-operation agreement to avoid duplication of effort when developing international counter-crime projects.

“Europol is the European Union law enforcement organization that handles criminal intelligence. Its mission is to assist the law enforcement authorities of Member States in their fight against serious forms of organized crime.” (http://www.europol.eu.int/index.asp?page=ataglance&language=)

“Interpol exists to help create a safer world. Its aim is to provide a unique range of essential services for the law enforcement community to optimize the international effort to combat crime.” (http://www.interpol.int/Public/Icpo/default.asp)

Corrections:
Person(s) arrested for suspicion of an international crime should be held at a facility designed to house international prisoners. It should be in a country where all of the member countries agree to house international prisoners, free from political ties to avoid corruption issues.