In my case about International crime witness, I analyzed Iraq. In the court systems in Iraq, I observed that a criminal case’s proceedings are initiated through a verbal or written complaint addressed to a magistrate or any other member of the judicial system, police inclusive. Complaints such as adultery and slander are only initiated by someone participating in law. When the aggrieved become aware of the case, they are rejected. Police, public servants and mayors are responsible for investigating cases. The public prosecutor is the overall head of the investigation team. When an investigation is done; after a critical examination by the magistrates; this includes collecting evidence and critically examining the scene; if the natter is outside their location, they submit the matter to the court. After two high ranks officers received the complaint, the case was submitted to the authority. At this point, the accused can be involved in the investigation.
The court or a judge initiates the warrant for arrest. When the accused is involved in an offence subject to sentencing, the judge may decide to have the accused held for less than 15 days or be subjected to a release on condition of bail (Mahmood, 2020). While on remand, the defendant should not serve more than a quarter of the total sentence; should not serve for more than half a year. If, under some circumstances, a defendant serves more than six months jail term; a judge must seek, in writing, formal permission from the court. The release should be without bail.
Likewise, the accused is questioned by the examining magistrates within 24 hours of his/her attendance. The data collected in the questioning process is recorded in article 123 (Muhamad, 2022). However, the court guarantees the accused the right to make any comments after all the witnesses give their testimonies. At the same time, the accused is not sworn unless he/she is a witness to other defendants. Again, the defendant ought not to respond to any questions raised by the judges. Also, the accused’s statements are recorded by the magistrate, and he/she should proofread them, and after that, both the accused and judge sign. Any testimony the accused asks for is also recorded through the magistrate may decline to record if he/she feels that doing so may compromise the investigation.
After receiving a file, the court should appoint a day, with the prosecutor’s awareness, and inform the defences and witness parties. The court’s chief judge will appoint a lawyer to defend the defendant and decide his remuneration terms. This is according to article 144 (Bälz, 2022). If a defendant is absent at the time of trial and has no legal permission to do so, the trial continues as planned as provided by article 147. While on trial, all testimonies should be raised and based on facts. The court can order a witness to recall the initial testimony to support the current one. If a witness fails to attend a proceeding, the initial testimony serves as the evidence.
The penalties and the verdict apply if an accused fails to attend in person within the specified period. Anyone willing to object must do that through a petition to the court. The court would examine it if only submitted within the specified time, as indicated in article 245 (Bälz, 2022). The prosecutor and the defendant can organize an appeal against the judgments and the decisions made to particular lower courts. Any breach of law or a mistake in the preceding is fully considered unless it does not cause any harm to the defendant. Likewise, appeals are only accepted when a final ruling has been given.
However, conditional discharge can be given if a person has served over three-quarters of the sentence. However, the discharge can only be granted if the defendant portrays good conduct. After the defendant is granted a conditional discharge, the remaining term of the sentence is terminated as per article 339. Upon requests by foreign judges to initiate an investigation, the request must be submitted to the justice ministry. The permission is granted after an examination by the magistrate to whom the request falls.
A core ethical intervention that I witnessed in Iraq’s judicial system is gender inequality. The gender balance of the judiciary has excellent disparities. The court majority positions are primarily open to men. Ideally, only a tiny per cent of women are represented in the region (Mahmood, 2020). Again, women are excluded from handling particular court issues, such as criminal affairs. Consequently, gender-related issues are poorly represented, decreasing the judiciary’s integrity. Another core ethical issue related to Iraq’s judicial system is the welfare of the detainees. Various cases have been witnessed where detainees are subjected to unbearable treatment by prison officers. Extrajudicial killings have also been reported.
A core correctional intervention that has been effective in US that can impact Iraq’s judicial system is support for the criminal justice model that aims at prioritizing the community’s well-being while protecting and protecting individual liberty and rectifying the adverse effects of system overreach. These community programs have helped people to engage in productive lives. These programs may include using incentives to promote reforms, funding and lawmaking (Henry et al., 2022). These programs could help solve the disparities in Iraq’s justice system.
References
Ahmed, R. K., Muhammed, K. H., Pappel, I., & Draheim, D. (2020, April). Challenges in the digital transformation of courts: a case study from the Kurdistan Region of Iraq. In 2020 Seventh International Conference on eDemocracy & eGovernment (ICEDEG) (pp. 74-79). IEEE.doi: 10.1109/ICEDEG48599.2020.9096801.
Muhamad, G. M. (2022). Private Sector Development Analysis in Post-Conflict Kurdistan Region of Iraq. UKH Journal of Social Sciences, 6(2), 19-32.DOI: https://doi.org/10.25079/ukhjss.v6n2y2022.pp19-32
Mahmood, O. T. (2020). A New Basis for Judicial Review in Iraq, Arab Law Quarterly, 37(1-2), 43-79. doi: https://doi.org/10.1163/15730255-BJA10014
Bälz, K. (2022). The Iraqi Federal Supreme Court on Ownership and Control of Oil in the Kurdistan Region: Decision in Cases No. 69/2012 and 110/2019 of 15 February 2022, Arab Law Quarterly (published online ahead of print 2022). doi: https://doi.org/10.1163/15730255-bja10122
Henry, K. A. K., Catagnus, R. M., Griffith, A. K., & Garcia, Y. A. (2022). Ending the school-to-prison pipeline: Perception and experience with zero-tolerance policies and interventions to address racial inequality. Behavior analysis in practice, 15(4), 1254-1263.DOIhttps://doi.org/10.1007/s40617-021-00634-z
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