In this paper we are going to be discussing the impact of legal and cultural considerations in Saudi Arabia. This will be accomplished by examining a case involving public alcohol consumption. Once this takes place, is the point that we can provide specific strategies legal counsel can use to deal with a host of challenges during the process.
Lawyers
Legal Issues
The Public Consumption of Alcohol
Saudi Arabia has a strict moral code that must be followed at all times. This is because the nation is considered to practice Islamic law and customs. At the same time, there are Haditha traditions going back to the times of the prophet Mohamed. In general, this means that there will be specific laws that must be adhered. This is regardless of where the individual is from or their viewpoints on the subject. Otherwise, anyone who is in violation of these regulations will be subject to more severe punishments in comparison with the United States. ("Getting a Drink in Saudi Arabia") ("Saudi Arabia")
In the case of drinking alcoholic beverages, there is a certain amount of tolerance for foreigners who are bringing it in and purchasing it. This will take place at designated locations that will allow everyone to enjoy these products behind closed doors. However, under Islamic law, anyone who is publically in violation of these standards will be subject to: a public lashing, fines, deportation or several weeks / years in prison. ("Getting a Drink in Saudi Arabia") ("Saudi Arabia")
Evidence of this can be seen with the source titled Criminalization of Drug and Alcohol Offenses (2012). According to the information, Saudi Arabia is one of the strictest countries for enforcing the prohibition of consuming alcohol with article stating, "The country that prosecutes people for drinking alcohol or being drunk in public is Saudi Arabia. Punishments for alcohol consumption can ranged from lashings to prison sentences. In places where alcohol is prohibited, addicts often have little recourse for treatment. In utilizing this option, they may face action for alcohol consumption if their condition is not kept private." ("Criminalization of Drug and Alcohol Addiction") These facts are showing how there will be severe penalties that Mr. Edwards will face from not knowing the customs or laws.
This is different from American law (i.e. The U.S. Constitution), where the accused is provided with certain amounts of protection. When visiting another country, these laws are not applicable. As a result, anyone who is in Saudi Arabia must understand different aspects of the law. The fact that Mr. Edwards is not aware of these issues is no excuse for these activities. Therefore, he will be treated as an ordinary criminal suspect (regardless of the cultural misunderstandings that are taking place). ("Getting a Drink in Saudi Arabia") ("Saudi Arabia")
This means that Mr. Edwards can be held for several weeks to months without charge (while Saudi officials are investigating). Moreover, legal council may not have access to the suspect during this time and the courts could appoint another lawyer as representation. This is vastly different form the leniency that is provided under the American legal system. ("Getting a Drink in Saudi Arabia") ("Saudi Arabia")
Analysis
The way that these laws are applicable to the case, is that Mr. Edwards will more than likely be subject to severe penalties. This means that he will face: a public lashing, the probability of spending several weeks in jail and eventual deportation. As a result, Mr. Edwards should have been aware of these issues before arriving in the Kingdom. At the same time, his employer should have debriefed him about these cultural and legal differences. The fact that he is not aware of these regulations is no excuse. Therefore, he will be subject to some kind of criminal punishment for drinking wine on a public beach. ("Getting a Drink in Saudi Arabia") ("Saudi Arabia")
Recommendations
The most logical action that should be taken is to reach out to the U.S. Embassy, police and government officials. During this process, is when legal council must let everyone know that this was an indiscretion. Although this might not work effectively, it could help to play a role in reducing the punishment for these actions. This could be used as a tool to ensure that Mr. Edwards will be punished, but not in the same kind of fashion as everyone else (i.e. public lashings and prison sentences). ("Getting a Drink in Saudi Arabia") ("Saudi Arabia") ("Criminalization of Drug and Alcohol Addiction")
For example, if lead attorneys were able to discuss the case with prosecutors they could be able to work out some kind of plea bargain. Under this approach, Mr. Edwards would agree to pay a fine for his activities on the beach and will be deported from the Kingdom (with the understanding that he will not return). If this kind of scenario could be achieved, Mr. Edwards could avoid the severe penalties that he is facing. ("Getting a Drink in Saudi Arabia") ("Saudi Arabia") ("Criminalization of Drug and Alcohol Addiction")
To reach this objective, the American attorneys must hire legal counsel that is based in Saudi Arabia. They will provide specific insights about how this goal can be achieved and what steps must be taken to ensure success. Moreover, they could have contacts within the Saudi Arabian government and legal system. This will create a situation where Mr. Edwards will not be treated as another foreign national who broke the law. Instead, he will be seen as someone who made a mistake. Although there is no excuse for these actions, this kind of open discussion could result in Mr. Edwards receiving some form of leniency. ("Getting a Drink in Saudi Arabia") ("Saudi Arabia") ("Criminalization of Drug and Alcohol Addiction")
If this approach is utilized on a regular basis, it will ensure that legal council is provided with immediate access to Mr. Edwards during this process. The way that this will occur, is attorneys will discuss these issues with police and judicial officials. Although, there is an ongoing investigation, this could provide enough of a foundation to ensure better treatment of the suspect. This increases the chances that this investigation will not drag on for months. Furthermore, the ability to work with Saudi officials will show how Mr. Edwards is not a criminal. This is the point that legal counsel can influence the government from behind the scenes. ("Getting a Drink in Saudi Arabia") ("Saudi Arabia") ("Criminalization of Drug and Alcohol Addiction")
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