John Cabot University

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The Characteristics of Criminal Justice and Law Enforcement

In the United States and Italy

With Specific Examples

English Composition III, English 110

Professor Silvia Ammary

August 5th, 2010

The term criminal justice is, “a term used for the series of steps involved in proving any

criminal activity like gathering evidence, arresting the accused, conducting trials, making

defense, pronouncing judgment after the crime is proved and carrying out punishment ("Legal

Resources in Plain English”). Moreover criminology is defined as the, “scientific study of the

non legal aspects of crime and delinquency, including its causes, correction, and prevention,

from the viewpoints of such diverse disciplines as anthropology, biology, psychology and

psychiatry, economics, sociology, and statistics” ("Criminology"). Our governments have set up

institutions to complete such complex tasks, as well as to create social order. Without a criminal

justice system and law enforcement to punish and deter offenders, we very well might be living

in a world full of anarchy and chaos. The United States Department of Justice is the institution

which operates federal law enforcement activities including collecting crime report data, while

both federal and state agencies carry out the law through common law practices. Meanwhile the

Italian Judicial System serves as the institution which handles criminal, civil, and specialized

cases. Italy is composed of 8 law enforcement agencies which carry out criminal justice tasks.

The ideal of criminal justice is much different in each country, as the United States judicial

system is based on common law and the Italian judicial system is based on Roman (civil) law.

Further, both countries have came leaps and bounds in the areas of criminology research, which

systematically defines the types of crimes being committed. Criminology can be defined as, “in

the broadest sense [criminology] covers the whole of criminal science [while] in a narrower

sense it refers to the part of criminal science which empirically describes criminal behavior and

explores individual and social factors associated with crime and criminals” (Sycamnias).

The United States and Italy are two key players in our world both economically and

socially; however, there are many differences in the ways the United States and Italy handle their

criminal justice and law enforcement systems. In order to fully understand and define the

characteristics of the United States and Italy in terms of their criminal justice and law

enforcement systems, we must be prepared to compare both countries, in order for a critical and

fair analysis of both their strengths and pitfalls. In so doing, we will be able to elect the country

with the most fair and democratic means of social justice. Cases from both countries will be

given as model examples of current policy and issues facing those countries, along with a

conclusion of the findings.

The United States Criminal Justice System is composed of many multifaceted institutions

which work together in the interest of justice. It’s based on Common Law, like most English

speaking countries, meaning, “The system of laws originated and developed in England and

based on court decisions, on the doctrines implicit in those decisions, and on customs and usages

rather than on codified written laws” (“Common Law”).

Common law was developed hundreds of years ago in that:

Common law, it might be said that it began with the Magna Carta in the thirteenth century C.E. King Edward

I of England was to common law what Justinian was to Roman law. An outstanding point in the development

of common law came with the publication of Commentaries on the Laws of England in the eighteenth

century by the distinguished jurist, William Blackstone ("What is The Difference Between Common Law and

Roman Law").

The first thing we will talk about is the developments in recent years of the United States

Criminal Justice System. The most important development made during the 19th century, was the

development of the Uniform Crime Report, or UCR for short which is conducted yearly by the

FBI, one of the leading federal law enforcement agencies. The UCR was developed in 1929 in

response to a meeting between the International Association of Chiefs of Police to provide

statistical data on crime related trends in the United States and abroad (“Crime in the United

States 2008”). These criminological trends, evident in the UCR have lead truth-seekers like

Leonard Savitz to theorize such information as, “Dilemmas in Criminology”. “Dilemmas in

Criminology” was originally published in 1967. Leonard Savitz theorizes that there have been

drastic differences in the schools of criminological thought in the past century in the United

States. He states African-Americans, are being integrated into schools, and homosexuality is

being debated. Further, he states in his book that people are beginning, “to view drug addiction,

once considered the ultimate depravity, as a sickness requiring medical and psychiatric

treatment, not condemnation and punishment.” Savitz also states that the same attitude is

occurring concerning both crime and delinquency during this time period. What is paradoxical is

that we currently view drug addictions as psychological problems and in need of psychiatric

treatment, rather than in need of condemnation and punishment. As well, Blacks and White’s

alike share the same rights and homosexuals have equal protection under the law. Moreover, the

United States has went from a state in which it employed the criminal justice system to condemn

and punish offenders or even those considered deviant such as homosexuals, to a system whose

aim is to treat those with drug addictions and psychological illnesses, prevent crimes, and to

interact with the community on a wide scale basis due to evidentiary support presented in the

UCR findings.

The next great movement for law enforcement and criminal justice in the United States

was the ‘War on Drugs’ which was developed by President Nixon in the early 1970’s. This

campaign, or ‘war’ on drugs, was created to reduce illegal drug trade in and out of the United

States, and in so doing, created minimum sentencing guidelines for certain drug related offenses.

Minimum sentencing guidelines, otherwise known is mandatory sentencing guidelines can be

defined as, “a court decision setting where judicial discretion is limited by law. Typically, people convicted of

certain crimes must be punished with at least a minimum number of years in prison” ("Mandatory Sentencing

Guidelines"). These new laws, which required minimum sentencing guidelines, created racial

disparities, which became even more problematic and which can still be seen in the UCR trends

today. These laws have systematically attacked minorities, creating a larger disparity of African

Americans locked up for drug related offenses (both non-violent and victimless offenses). An

example of this can be seen in the current UCR. African Americans are over twice as likely to be

put in prison for drug related offenses, as well as murder and many other serious crimes carrying

minimum sentencing guidelines, even though they are shown to be arrested at about the same

rate as white men. According to the UCR, in 2008, 4741 white men were arrested due to

conspiracy of murder, meanwhile, 4935 Black men were similarly charged for the same offense.

Further, twice as many white men were arrested on drug abuse violations in 2008 than black

men, but we still continue to see a racial disparity in both our federal and state prison systems

(www.fbi.gov). It should also be noted that these laws were created in the wake of conservative

dominance during the 1970’s and into the 1980’s. These measures were and continue to be

counter-intuitive to the rehabilitation efforts currently being stressed in criminal justice, law

enforcement, and in particular, corrections in the United States today.

What’s even more counter-intuitive to justice in the United States than racial disparities is

the severe restrictions placed on United States citizens rights. Many actions, once taken for

constitutionally protected rights, have now been outlawed, through case law and statutes. Many

laws, which make no sense, are still ‘on the books’ and employed in The United States Criminal

Justice System today. For example, in Kalamazoo, Michigan, my hometown, there was a law

still on the books which made it legal for employers to terminate employees because of their

sexuality. StarBucks, a major coffee shop in the United States, in Kalamazoo, fired 2 employees

due to their sexual preference, but because the law was still technically ‘on the books’ in the city

of Kalamazoo, the employer was not found guilty of any sort of discrimination. Other factors,

besides unfair laws being enforced, are the corruptibility factors of government officials in our

Criminal Justice System and our freedom rankings. We are technically considered ‘free’ by

Freedom House, a not for profit agency, whose goal is to measure levels of freedom in the world.

Freedom House states the United States has an acceptable history of bigotry towards corruption

both in political office and law enforcement; however, many cases of corruption are brought to

the spotlight in both law enforcement and politics. Overall, Freedom House finds that the rights

that citizens of the United States share make them a free nation, even though it is not free from

corruption or discrimination ("Freedom House: Freedom in the World 2010").

Law enforcement in the United States is often time sneered because of just this:

corruption. Not only is law enforcement sneered in the United States because of the perceived

corruption but because most positions in law enforcement on the state and local levels are not

viewed as respectable occupations. Even those who earn college degrees in carrying out the law,

earn far less than that of most other occupations, with or without a degree. Therefore, the

professionalism of the positions filled by law enforcement is degraded due to the perceived

notion that law enforcement officials, specifically police officers, are neither professional nor

trustable. The many cases of corruption in law enforcement and police brutality, specifically

against minorities caught on tape have made it this way, which is why we are going to discuss a

few cases of negligence in the Criminal Justice System in the United States.

Police brutality, a major issue in criminal justice and law enforcement in the United States,

came to a forefront in 1991, after the terrible beating of Rodney King. On the date of March 3rd,

1991, Mr. Rodney King was beaten half to death after being pulled over by an officer in Los

Angeles, California. Mr. King had actually been drinking, and in fear of violating his parole, he

decided he would not stop for the cop trying to pull him over. Needless to say, a high speed car

chase proceeded. In due course, Mr. King was apprehended by police on the scene, following the

chase. After being pulled over, 4 police officers literally beat the living hell out of him. They

kicked and hit him with their batons over 50 times while he was down on the ground! However,

a photographer was actually on scene, and videotaped his beating. He was later awarded 3.5

million for reparations for the unfair treatment; however, the officers involved were later

acquitted which started numerous race riots in Los Angeles. It is this blatant disregard for the

law, which makes both United States citizens and foreigners alike, hesitant to trust any type of

law enforcement institution in the United States. Since Rodney King many other injustices have

occurred, which is also another reason why police officers are not regarded as high in profession

or professionalism as they should be (Chase).

Police corruption on the other hand, is also a major issue in the United States which can

be defined as, “the misuse of police authority for personal gain” ("Police Corruption"). Specialized

units such as narcotics can be extremely susceptible to police corruption because organized

forms of crime have a vested interest in it for obvious reasons. The case of Karl Waldon

exemplifies police corruption, especially in the narcotics division. Karl Waldon was a detective

in the narcotics division of the Jacksonville, FL. Police Department. Waldon was found guilty

about 8 years ago for robbing and killing a man in. He was one of four officers, who were

involved in one of the greatest police corruption cases ever. They were convicted of stealing

money and drugs from drug dealers and murdering. Waldon was found guilty on 14 federal

charges and then sentenced to 4 life terms in prison. It is cases like Waldon’s that make the

public weary of law enforcement and police officers in general, as well as the negligence and

police brutality exemplified in the Rodney King case ("Cop Convicted of Murder Files Appeal").

In conclusion, the United States is composed of a multifaceted system composed of

federal, state and local law enforcement agencies charged with carrying out the law. These laws

are carried out in court under the English system of Common Law. The United States has went

through much development in terms of criminological reporting due to evidence collected by the

UCR, as well as movements in the school of criminological thought. The United States has went

from a nation which sought to punish and brand offenders for criminal acts, to a nation that

focuses on rehabilitation, reintegration and crime prevention; however, even though the goals of

the United State are much more commendable then in the past, much is still to be accomplished

in order to preserve justice for all. Police brutality and corruption (as well as governmental) have

caused citizens to draw fair conclusions that police officers are not on the same level as other

professions which is also due to a lack of education and professional attainment. The criminal

justice system and law enforcement in general, will continue to be disfavored by its people, until

it effectively deals with corruption, brutality, training, education and other things necessary for

making policing a respectable profession in the United States.

In Italy, “The National Authority for Public Security is the Minister of the Interior,

[which is] responsible for public order and security, and the coordination of police forces” ("The

Public Security System in Italy"). Under this authority, there are 5 seperate police forces which

operate in Italy; Polizia Di Stato, Arma dei Carabinieri, Guardia di Finanza, Polizia Penitenziaria

and Corpo Forestale dello Stato.The Public Security System was established in 1981. Further,

The Department of Public Safety is the institutional embodiement in Italy of their criminal

justice system (what would be the Department of Justice in the United States), and also of which

handles all law enforcement activities in Italy ("The Public Security System in Italy"). The criminal

justice process in Italy is carried out through Roman Law and inspired by Beccaria, after which

Italian law has been derived. Roman law is often referred to as civil law in countries like Italy

where it is employed.

Roman Law refers to:

Roman law is much older than common law. The first codification of Roman law consisted of twelve tablets

posted in the Roman Forum at the insistence of the unprivileged in about 450 B.C.E. It remained in force for

many centuries. Then, in the sixth century C.E., Emperor Justinian sought further clarification and

compilation of Roman law. During the so-called "Renaissance" Roman law gained much additional prestige.

Then in 1804 further codification was undertaken in France ("What is The Difference Between Common Law

and Roman Law").

In Italy, the measurement of crime is completed by the UNICRI, otherwise known as the

United Nations Interregional Crime and Justice Research Institute. This Institute was developed

in 1968 to develop international standards in objectivity for member nations. This institution

publishes crime reports in Italy, as well as develops initiatives in social justice ("UNIERI,

Advancing Security, Serving Justice, Building Peace"). The types of crimes committed in Italy

tend to be different in Italy than in the United States because of harsh gun control laws, and the

problems with organized crimes as well as petty crimes. Organized crime in Italy has been an

ongoing problem for the past 150 or so years. In more recent years street crimes such as pick

pockets have increased and so too has the threat level for ‘terrorism’. The United Stated has

deemed Italy as a high security risk because of risk for impending terrorist attacks both foreign

and domestic. Moreover, Italy does not actually have its own crime reporting network accessible

to the public, but crime reporting and statistics are still made readily available by the United

Nations.

Italian criminological thought was first developed by Cesare Beccaria, whose principles

were adopted almost directly after he issued his work in 1764. It is said that, “historians of

criminal law agree, almost without exception, that the glory of having expelled the use of torture

from every tribunal throughout Christendom belongs primarily to Cesare Beccaria [in his work,

“On Crimes and Punishment”] (Beccaria, and Paolucci ix). Italy went through a major

criminological change during the late 1700’s and into the 1800’s, whereby Roman law went

through a major transformation. This was a great movement for the Italian justice system as civil

law went from that of tyranny and oppression, to that of a fair and just system which carried out

the law.

Beccaria’s school of thought can be explained in the following excerpt:

Punishments that exceed what is necessary for protection of the deposit of public security are by

their very nature unjust, and punishments are increasingly more just as the safety which the

sovereign secures for his subjects in the more sacred and inviolable, and the liberty greater

(Beccaria, and Paolucci 13).

Another major innovation for the Italian criminal justice system was the development of

the modern day Italian criminology code which was developed in 1930. The criminal code

stressed crime deterrence, instead of punishment at the time, opposite of that which was being

stressed in the United States. It further went through major transformations as a result of this

which included in 1975, adding the possibility of parole, and in 1981, decriminalized minor

offenses; nevertheless, even with these new innovations Italian citizens were not allowed to have

defense present at some criminal proceedings and could be interrogated without being allowed to

contract an attorney for the proceedings. Furthermore, several amendments were made to the

criminology code developed in 1930, which eventually expanded the rights of Italian citizens and

which as stated above, decriminalized petty crimes. In 1989 a new draft of the Italian criminal

code was revised so that it could come into compliance with international standards; yet, still

embodies much of what it was before.

The Italian criminal justice system has been widely viewed by many to be slow and

inefficient when it comes to sentencing and in carrying out other duties; conversely, this was not

the case in a widely publicized scandal of an American student recently sentenced to 25 years in

prison. Amanda Knox, otherwise known as ‘Foxy Knoxy’ was charged in the murder of her

British roommate while studying abroad in Italy in 2008. Her roommate was found dead in their

rented out house in the small city of Purugia, Italy. It is alleged that Knox and her roommate

began to not get along because of quirky behaviors such as not flushing the toilette and keeping

vibrators in the bathroom, as well as bringing men home all the time. After overwhelming

evidence was brought into court by the prosecution, Knox was found guilty by a 3 panel jury and

sentenced to 25 years in prison. Her boyfriend, an Italian, was also sentenced to 25 years in

prison, along with a third defendant who was sentenced to 30 years in prison. It can be said that

the Italian criminal justice system quickly acted, as it should, to this horrific and terrifying crime.

The Italian judicial system did a commendable job in processing this international case both

quickly and efficiently and with little to no error (Israely).

The Italian criminal justice system has dealt with many problems in the distant past, the

biggest problem being the level of corruption and which involves heavily organized crime. From

1982 until 1992, 114 laws were passed to combat organized crime. Even today, more proactive

measures are being employed such as the formation of institutionalized agencies like the DIA

otherwise known as the Direzione Investigativa Antimafia (Santino). Though these measures

have been passed, the modern day mafia, or camorra, exists all over Italy, specifically in

southern Italy and Napoli, which is why next we will examine corruptibility through specific

high profile cases.

Currently, Prime Minister Silvio Burlusconi, himself, is being accused of ties to the

mafia, along with many other forms of corruption. This is due to his recent bill that is currently

before Congress which aims at limiting the use on wiretaps among other things and imposing

harsh penalties on journalists who report any leaks of what is said on the wiretaps to the public.

Many people believe that Burlusconi is currently pushing for this reform due to his attempting to

protect himself from being coined corrupt, having mafia ties, money laundering and having very

loose morals (Marthoz). This current ‘gag law’ is at the forefront of the Italian criminal justice

system because it shows the blatant disregard for the law by politicians and law enforcement

officers alike in Italy. Burlusconi, in his attempt to guard himself and his friends from inclement

attacks from the press, is facing difficult issues because he is trying to limit the government in

personal freedoms (concerning wiretaps) while concurrently he is trying to restrict the rights of

expression of citizens by imposing harsh penalties on journalists. These two measures, coupled

together, should advise the Italian and international community that something is off beam.

Italy requires its law enforcement agents, regardless of branch, to attend some form of

specialized training; though, the laureate or bachelor’s degree is neither required nor necessary to

become a law enforcement agent in Italy at this time. Instead, the use of specialized vocational

training is enforced. At the very minimum, Italian law enforcement received the training

necessary and required while functioning in their job duties, but on the other hand, is problematic

for the critical skills required in application of the law. Italy also has a national police academy

which serves to teach advanced courses as well as foreign personnel. Each branch is charged

with specific duties performed but these duties often overlap in many instances. Italy uses a

paramilitary style form of law enforcement which can be seen in the Carabinieri who function as

both military and civilian law enforcement agents (“Policing Profiles of Participating and Partner

States”).

To further exemplify this point, Transparency International, a not for profit agency, has

set up a corruption index, whereby it ranks countries in terms of their corruptibility based on 13

independent surveys in each country. To give a comparison, New Zealand is ranked at the top,

number 1, in terms of perceived confidence, with a very minimal amount of corruption and

which the confidence range is between 9.1 and 9.5 out of ten. Italy on the other hand is actually

ranked 63 with a confidence level of only 3.8 to 4.9. To give a somewhat more fair comparison,

the United States is ranked number 19 with a confidence rating just below that of the United

Kingdom at 6.9-8.0 (“CPI 2009 Table”). Freedom House on the other hand, ranks Italy as free

overall, but give Italy a ranking of 2 (somewhat free) when it comes to civil liberties (“Freedom

House: Freedom in the World 2010”) This rating is due to the many corruption cases in recent

years. Freedom house sites in their report on Italy the “clean hands” fraud cases during the early

90’s. They further cite that, “Berlusconi’s premiership had been marred by abortive attempts to

prosecute him on money laundering, fraud, and tax evasion charges and by his personal

domination of the national media, including state outlets and his extensive private holdings”

(Freedom House: Freedom in the World 2010).

More cases of corruption can be seen in Italy in law enforcement in particular; however,

they are not usually broadcast. One major blow to Italy in terms of corruption was in 2003, when

a former friend of Burlusconi was sentenced to 11 years in jail. His name is Cesare Previti. He

was sentenced after spending 3 years of awaiting trial on allegations of induced judges in two

commercial conquests. This was deemed one of the worst corruption cases in the history of Italy

because Burlusconi also, in the beginning of the trial was a defendant as well; however, the

statute of limitations lapsed and Burlusconi was pardoned. Burlusconi’s company actually

provided the money to his friend, Previti, for the crimes in which he was charged and convicted

of. Now that we know that Burlusconi, the Prime Minister of Italy, is allegedly guilty, and with

probable cause, should a reason for us to believe that the corruption in Italy is high and in need

of reform as with the United States. No country, not even those in the G8, is free from

governmental oppression (Sisti)

In critically analyzing the information above, it is noteworthy to deduce that both the

Italian criminal justice system and American criminal justice are both with strengths and pitfalls.

The inception of the first African American President in 2008 has helped the American criminal

justice system come leaps and bounds as it is concerned with racial profiling as well as disparity.

Similarly in Italy, legislation has been, and is currently being passed to rid the country of the

mafia, as well as imposing harsh sentencing guidelines for mafiosos. Beccaria one of the leading

criminology theorists of modern criminology helped form the current Italian criminal justice

system, and was also influential over many nations in reforms including the United States,

France and Austria. Both countries too share in corruption on large and small scales, including

politician scandals, as well as problems with the mafia, extortion and disparity among minority

group members being sentenced in the criminal justice system.

We can fairly conclude that Italy and the United States share a good deal of corruption in

government and the criminal justice system in general. The United States may technically

outrank Italy in terms of the corruption index, but both countries are given a ranking of free on

the Freedom House Freedom Index, even with the vast amount of governmental corruption in

each country. However racial tensions and disparities still seem to plague American society as

well as homicide rates which are uniquely American. Italy does not seem to share in this growing

epidemic, but as discussed earlier, crimes may be going unreported due to Berlusconi’s measures

to ban media involvement which contributes to the vast ‘black figure of crime’ in Italy.

Berlusconi also owns a good deal of the media in Italy today, which can be problematic for

having a truly democratic society because he largely influences media and coverage. In

conclusion, both countries share in a democratic process of the law and even with their share of

problems, the people of these countries are still able to enjoy life, liberty and the pursuit of

happiness weather that be under civil or common law.

Work Cited

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