Liberia and Its Criminal Justice System Research Paper

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Introduction

The Republic of Liberia happens to be an African country located in the west coast (ADC, 2019). The country shares boundaries with Atlantic Ocean and countries like Ivory Coast, Sierra Leone and Guinea. Liberia has land area of 111,369 km2 and is made up of 4.732 million people as of 2017 (ADC, 2019). Liberia has a unique history in that it has a unique relationship with the United States. It is one of the only two African countries that were not subjected to the European colonization and scramble for independence (ADC, 2019). The only other African country that was not colonized is Ethiopia. This being said, Liberia become home to American slaves that were released and repatriated with the assistance of some private organization referred to as ACS (American Colonization Society) (ADC, 2019). The ACS founded Liberia and colonized the country beginning from year 1821 to 1822 (ADC, 2019). The belief was that the repatriated and freed slaves would enjoy better freedom there.

Rather than being sent to the countries they originated from, the slaves were sent to Liberia aboard slave ships. These freed slaves formed the Liberian elite society and founded the Liberian Republic in the year 1847 (ADC, 2019). The Liberian Government was designed to resemble the U.S. system and the state capital, Monrovia, was given that name after former U.S. President James Monroe (Nations Online, 2019). Liberia is known as being a presidential democratic republic with representation and a unitary state that adopted the multiparty democracy resembling the United States government model (Nations Online, 2019). The President is responsible for appointing s cabinet which is later confirmed by the state senate (Nations Online, 2019). Liberia has a two-tier national assembly consisting of the House of Representatives and the senate (Nations Online, 2019). The country adopts the mixed system common law legal system (based upon the Anglo-American laws) and the customary law (Nations Online, 2019).

A. Historical Development (of the CJ system in that country)

Liberia’s criminal justice system is seen as quite modern and quite similar to the western criminal procedure and penal laws (Thomas, 2006). The Liberian criminal procedure laws contain well-detailed modern penal institutions (including the eight distinct types of prison institutions), probation bureau, correctional institutions and the parole among other details (Thomas, 2006). The police and court system organizational charts are also elaborate. Having said this, there is a wide gap between the soundness of the laws and the enforcement of the criminal laws. The laws and constitution dictate for the independence of the judiciary. This is often not the case because the judicial system has been entangled in corruption making it nonfunctional. The judges and court officials are influenced by the political, financial, familial, and social pressures (International Bridges of Justice, 2016).

The law requires that magistrates be lawyers although most of the Liberian magistrates are not lawyers (International Bridges of Justice, 2016).

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Judges ask for bribes in order to release detained prisoners, get cases to trial, or to find suspects not guilty of their crimes (International Bridges of Justice, 2016). The prosecutors and defense attorneys will at times ask defendants to pay some gratuity fee in order to secure a ruling that is favorable to them from the prosecutors, police officers, jurors, or judges (International Bridges of Justice, 2016). The juvenile criminal justice system in Liberia is in urgent need of reforms. Although the statute demands for the formation of juvenile courts in each county in Liberia and lesser units, there is only one juvenile court that is fully constituted in Monstserrado (International Bridges of Justice, 2016). Magistrate courts in the counties assume juvenile court responsibilities and jurisdiction whenever circumstances…

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The Liberian Criminal justice system comprises of three primary components i.e. the prison, police and court (Thomas, 2006). They function like a production or assembly line. This means that the police are mandated with the duty to investigate crimes and arrest of suspects. The courts are mandated to prosecute while the prisons serve as custody and rehabilitation centers for criminals before they can be reintegrated back to the society (Thomas, 2006). If the criminal justice system is to be effective then the three components must function efficiently. Neither of the three should be overworked, corrupt, rusted, or congested if the system is to work as it should (Thomas, 2006). There has to be harmony and mutual respect among the personnel in the various units for a healthy relationship. Liberia has struggled with harmony and respect in the criminal justice system (Thomas, 2006). There is no cordial or smooth relationship. There have been counter accusations and controversies bedeviling the justice system (Thomas, 2006). Police cells almost became permanent detention centers and the only thing that saved suspects from the cells was a habeas corpus charge or a report of detainees who were starving (Thomas, 2006). Prisons were overcrowded with detainees who had not been tried yet. Prison administrators would refer back the cases only to get a response from the court that evidence is yet to be presented by the police in order to make it possible for the trial to continue. Courts would also be crowded with urgent cases (Thomas, 2006).

E. Comparisons with the United States AND with the Model Countries studied in this text

Liberia has a unique history in that it has a unique relationship with the United States as discussed in the introductory section (ADC, 2019). Liberia is known as being a presidential democratic republic with representation and a unitary state….....

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