American justice system
The case is on cyber-crime and is about the Nigerian fraudsters behind the purchase orders frauds to deceive retailers. The fraudsters also target victims of online romance or freelancers to reship merchandise out of the country to Nigeria. The FBI examiners state that the fraudsters are incredibly skillful. The Fraudsters trick the victims into believing that they have legit businesses and are interested in purchasing the merchandise. They have fake websites with domain names that are similar to the real institutions (FBI News, 2014). It is also reported that once the item has been shipped to Nigeria, it is not easy to retrieve it. The FBI encourages the victims of purchase order fraud to contact any police officers near them. Therefore, this paper illustrates the impacts of citizenship on the investigation and prosecution of an offender based on the American justice system.
The procedural implication includes international and domestic laws with the same traditions, inquisitorial systems, and adversarial systems. In this case, the defendants are read their rights after getting arrested, given a chance to contact their consulate for counsel, and given a fair trial. The defendants are given an attorney who represents them during their trial. The legal requirement in processing a case reduces delinquency and violence for future offenders (Walker, 2010). These procedures also specify what comprises of a reasonable interrogation. For instance, it legal requirement require a defendant to understand their right, remain silent, and have the right to have an attorney during their trial.
The procedural laws entail police officers’ methods and actions to arrest and detain a criminal. If any of the rules are not followed during the arrest and retrieving the evidence, then the accused has the right to be released, and the information gained is inadmissible in court. In case a person is arrested, he or she has the right to fair trials, seek legal remedy, and have the right to participate in civil politics (Walker, 2010). They also have a right to vote and self-defense. The witnesses are also protected from being forced to incriminate themselves. The witnesses have the right to decide to ‘plead the fifth’, which implies that they can decline to address an inquiry as their response could give self-implicating proof.
Non us citizens have rights but differ from those of the Americans. For instance, in 2003, there was an argument that foreign nationals should not deserve similar constitution protection as United States citizens (Yi, 2007). Foreigners are entitled to reduced rights and freedoms. The foreigners have limited the right to vote or run for a federal position. Moreover, some Americans feel like non-US citizens do not deserve to have the same rights as ordinary citizens.
According to the American justice system, foreigners have the freedom to express themselves if detained. If they are detained, they have the right to console their consulate for advice as well given as fair trial. They are also given equality before the courts and given free assistance of an interpreter (Yi, 2007). They have the right to protection against unlawful interference of their rights and arbitrary. They also have the right to leave the country in case of anything.
References
FBI News. (2014, October 27). Cyber Crime Purchase Order Scam Leaves a Trail of Victims. https://www.fbi.gov/news/stories/purchase-order-scam-leaves-a-trail-of-victims
Walker, S. (2010). Popular justice: A history of American criminal justice. Mich. L. Rev., 79, 921.
Yi, W. (2007). On Interpretation of Criminal Procedural Law [J]. China Legal Science, 2.
