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Criminal justice system is the legal segment of government for preventing, reducing, or controlling the incidence of crime. The government’s police force, judicial system, and correctional services all are part of this agency. Everyone involved in the criminal justice system from officers to defendants, judges to jurors are vulnerable to the impact of climate jeopardy. Despite the fact that climate change has emerged as the most significant global concern, the field of criminology has paid less attention to it.
Extensive research has been conducted to explore the potential correlation between climatic change and fluctuations in crime rates. During the late 1990s and early 2000s, there was a surge of studies examining this correlation. The majority of existing studies have mostly observed the impacts of average temperature and pattern of rainfall. It is found that rising temperature and increased rainfall have a positive link with higher rates of crime and violence. Moreover, global climate changes intensely affect mental health and well-being, particularly among vulnerable populations.
Climate change is creating new challenges to the criminal justice system as temperatures continue to rise. It requires little imagination to foresee the additional challenges that arise in prison management when prisoners are housed in unbearable heat. Certain governments may face difficulties managing the correctional facilities due to flooding. In different legal systems, climate disasters can directly affect the courts’ capacity to remain open.
Above all, climate change induces crimes in various ways. Crimes against persons may rise as a result of climate change induced displacement which forces people to leave their homes and in certain cases, leads to the relocation of unsecured facilities such as temporary shelters, abandoned buildings etc. For instance, there was an increase in sexual assaults against displaced people in the United States during Hurricane Katrina.
In 2018, the data obtained from London’s Metropolitan Police Service demonstrates a direct relationship between crime rates and rising temperatures. The data suggests that there was a 14% increase in violent crime when the temperature reached 20 degrees Celsius, compared to when it was 10 degrees Celsius or lower.
Armed conflict can be a de facto piece of evidence which shows that climate change can create negative effects on criminal justice system. In Nigerian environmental history, climate change is the dominant element that leads to certain outcomes such as heavy competition over limited resources, which often lead to conflict. The absence of government policies and appropriate measures to protect grazing reserves are directly responsible for this struggling situation.
Climate induce displacement also causes impediment in accessing to justice. Climate Displaced People (CDP) encounter distinct difficulties arising from their legal status, or absence thereof, and frequently experience deprivation of their fundamental human rights. A significant number of individuals among CDP experience ‘hidden’ legal issues related to property ownership and employment disputes. The immediate consequences of climate change on physical assets, such as land and houses and the infringement upon property rights are emphasized in the Athabaskan Petition and the Uganda Petition. Besides, victims of violent crime and abusive practices are more common among CDP, and they also suffer barriers to access public services and development prospects.
The issue of displacement as a cause of climate change is often overlooked, despite its significant impact as a serious global threat. Now is the time to get ready and preparation begins with an understanding that the criminal justice system is about to experience its most formidable challenges while also addressing its current limitations.
Author biography- Amina Yesmin is a Lecturer in Law at Bangladesh University, holding LL.B (Honors) and LL.M degrees from the University of Barishal. She is passionate about legal research with interests in human rights and criminal justice. She is also actively involved in academic and voluntary initiatives promoting access to justice and social development. She can be reached at amina.yeasmin@bu.edu.bd .
