5 full page overview and 125 word summary at the end after reference page

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Comparative Criminal Justice
5th Edition

Chapter 4: Six Model Nations

Adrianna Hughes

University of Scranton

Learning Objectives: Chapter 4

  • Discuss the particular historical developments that may have had a major effect on the formation of criminal law and criminal justice administration in each model country
  • Analyze contributing factors to the crime rates in each model country
  • Identify the distinct approach to criminal justice each model nation exemplifies
  • Understand the basic structures of the criminal justice systems in each model country
  • Compare the unique crime problems in model countries with crime in the United States

Comparative Criminal Justice Systems

5th Edition

England:
Overview

  • England is the historical backbone of the Common Law Tradition
  • Operates as a capitalist economy, with various forms of socialism
  • Has a Unitary government: government power is centralized rather than being divided between states and a central government
  • Opposite of United States
  • Federalism- power divided between states and a central government
  • Monarch- sole and absolute ruler of a country
  • Such as King or Queen
  • The influence of the monarchy in England has eroded

Comparative Criminal Justice Systems

5th Edition

England:
Overview

  • Major component of parliament- House of Commons
  • The real leader of the country- Prime Minister
  • The head of the political party that possesses a majority of seats in the House of Commons
  • Advisor to the monarch and chairs of the cabinet

Comparative Criminal Justice Systems

5th Edition

England:
Historical Development

  • English bill of Rights
  • Magna Charta
  • The Petition of Rights
  • Act of Settlement
  • All pioneered a tradition of limited government

  • Since rise of British Empire many legal changes have lead to the export of English law to the colonies
  • Lead to legal pluralism- the mixing of more than one system of law within a particular country or region of a country

Comparative Criminal Justice Systems

5th Edition

England:
Historical Development

  • Supreme Court of the United Kingdom
  • 12 person court
  • Serves as court of last resort

  • No written constitution
  • However, has a strong constitutional tradition that has evolved over centuries
  • Can be called “unwritten constitution”
  • Includes charters, organic laws, traditions, and legal procedures.
  • Organic laws- the laws of Parliament that describe the machinery of government

Comparative Criminal Justice Systems

5th Edition

England:
Crime

Comparative Criminal Justice Systems

5th Edition

  • The Research and Statistics Department of the Home Office
  • Collects crime stats in England: Police and data from the British Crime Survey(BCS)
  • BCS believed to be more credible
  • 4.2 % drop in overall crime from 2010-11 to 2011-12

  • Crime issues: drug use and trafficking and hate crimes

England:
Criminal Law

  • All crimes are either “arrestable” or “unarrestable” offenses
  • Arrestable – indictable offenses that are punished by incarceration term
  • Ex: manslaughter, murder, assault
  • Unarrestable- “summary” – generally tried in magistrates courts
  • Ex: drunk and disorderly conduct, loitering, most traffic offenses

Comparative Criminal Justice Systems

5th Edition

England:
Criminal Justice System

  • Lord Chancellor
  • Appointed by Prime Minister
  • Appoints all judges to the and supervises the court system in England
  • Keeping order is a shared responsibility between national and local government
  • The police and prison system fall under the Home Secretary
  • CJ system is highly affected by decisions made in Parliament
  • Ex: Criminal Justice and Police Act
  • Changed how police were trained

Comparative Criminal Justice Systems

5th Edition

England:
Compared to United States

  • Common language
  • Similar in governmental and cultural traditions
  • Both encourage local administration and funding.
  • Parallel crime rates- except for U.S. violent crime rate is much higher
  • Both use get tough on crime policies

Comparative Criminal Justice Systems

5th Edition

France:
Overview

  • The French Republic is divided into 22 administrative regions
  • Further divided into 96 provinces (one- prefect)
  • Strong Economy- fertile farmland and highly developed industrial sector
  • Major producer of Steel, chemicals, and nuclear energy
  • Unitary State
  • Written Constitution
  • Republican Government- president heads the government, but main power is in hands of citizens who vote for representatives
  • Two house legislature- National Assembly( lower chamber) and Senate(upper chamber)

Comparative Criminal Justice Systems

5th Edition

France:
Historical Development

  • Declaration of the Rights of Man and of the Citizen
  • Defining moment in revolutionary period
  • Asserted right to resist oppression, rights of liberty and equality, separation of powers
  • Reign of Terror
  • Ended by Napoleon Bonaparte
  • Several Wars
  • Five Republics

Comparative Criminal Justice Systems

5th Edition

France:
Crime

  • Directory of Justice Statistics
  • Annuaire statistique de la justice
  • Showed slight decrease in crime since 1990’s
  • French National Monitoring Centre on Crime -show crime increase
  • Crime Issues: drugs, immigration, terrorism, human trafficking

Comparative Criminal Justice Systems

5th Edition

France:
Criminal Law

  • Declaration of the Rights of Man and of the Citizen
  • Basic principles of criminal law found here
  • Penal Code- distinguishes crimes based on their seriousness
  • Misdemeanors( delit) violations (contraventions)
  • Divided into 5 books: Book 1- general provisions; Book 2- describes crimes against persons; Book 3- describes crimes against property; Book 4- describes crimes against nation, government, and public order; Book 5- other crimes not found in preceding books

Comparative Criminal Justice Systems

5th Edition

The Civil Law

  • Canon Law
  • Dealt with church and spiritual matters
  • Provisions regulating family life and morals
  • Commercial law- body of legislation that deals with the exchange of goods between cities or nations

  • The Napoleonic Code
  • Drawn up by legal experts and went into effect in 1804
  • Incorporated new ideas from the Enlightenment
  • German Code
  • Long, academic, and complex
  • Took 20 years to put together
  • Scholarly effort to study previous law, develop a philosophy of law, and provide a rational basis for legal development

Comparative Criminal Justice Systems

5th Edition

The Importance of the French and German Civil Codes

  • Influential in the development of law over the past two centuries
  • Both codes were developed during a time of industrialization and expansion
  • Imperialism was at its height fostering cross-national adaptation of laws and legal structure
  • As new countries formed and old countries sought to modernize full codes of laws helped to simplify the process
  • Unified civil codes were adapted to some degree according to local circumstances and local traditions

Comparative Criminal Justice Systems

5th Edition

The Common Law

  • More ancient and complex than French or German Codes
  • History
  • The King’s Court( England)
  • Appointed judges traveled around country ruling on disputes that had not been settled in local courts
  • Overtime a body of law developed that was based on the decisions of the judge’s of the King’s Court
  • Established the importance of precedent
  • Stare decisis- “it stands decided”
  • Judicial Independence- judges bound by law rather than by desires of the ruler

Comparative Criminal Justice Systems

5th Edition

France:
Criminal Justice System

  • The Constitutional Counsel Court
  • Reviews legislation proposed by the legislature, Prime Minister, or govt.
  • The Council of State
  • Supreme administrative court
  • Leading advocate of citizen’s rights

  • Supreme Court of Appeals- highest court

  • Police: Police Nationale and Gendamerie
  • Correctional Services- Under control of Ministry of Justice

Comparative Criminal Justice Systems

5th Edition

France:
Compared to United States

  • Both developed after a revolution
  • Republican in style
  • Written constitution
  • France has centralized form of government
  • Both use get tough on crime policies

Comparative Criminal Justice Systems

5th Edition

Germany:
Overview & Historical Development

  • Country is divided into 16 states( Lander)
  • Federal Republic- power distributed between federal govt. and states
  • Government- Executive, Legislative and Judicial Branches
  • Bicameral Legislature: lower house and principle chamber: Bundestag & Bundesrat
  • Important Historical developments
  • German Civil Code
  • The Basic Law
  • 146 articles- describes system of law- checks and balances

Comparative Criminal Justice Systems

5th Edition

Germany:
Crime & Criminal Law

  • Criminal Federal Police- collect crime statistics
  • Crime Issues- drugs, immigration, ethnic violence
  • Violent Crimes have risen

  • German law is a combination of ordinances, statutes, and administrative rules
  • Bundegesetz- federal statues
  • Landegesetz- State laws( Lander)
  • Criminal code distinguishes between felonies(Schwerverechen) and misdemeanors(Vergehen)

Comparative Criminal Justice Systems

5th Edition

Germany:
Compared to United States

  • Federal republic- distributes powers between state and federal governments
  • Germany has a Civil Law tradition
  • The Basic Law in Germany performs like the Constitution in the U.S.
  • Crime rates have dropped- hate crimes have risen in Germany

Comparative Criminal Justice Systems

5th Edition

China:
Overview and Historical Development

  • Most populous nation and one of the world’s oldest civilizations
  • Unitary, multinational, socialist country
  • 23 provinces- 5 regions- 4 municipalities
  • National People’s Congress (NPC)
  • Chinese Communist Party (CCP)
  • Various dynasties
  • Influenced by Confucian thought
  • Cultural Revolution
  • Shift away from total acceptance of unwritten codes and informal social control mechanisms

Comparative Criminal Justice Systems

5th Edition

China:
Crime and Criminal Law

  • Provide Crime Data in 2 forms: China Statistical Yearbook and The China Law Yearbook
  • “Strike Hard Campaigns”- (Yanda)
  • Crime Issues: Illicit drugs. Corruption, human trafficking, civil unrest
  • Criminal Law- 452 ( old law had192)
  • Two sections:
  • general – basic principles of application of law
  • Special- chapters addressing 8 classes of offenses

Comparative Criminal Justice Systems

5th Edition

China:
Criminal Justice System

  • Four Components
  • Police
  • Ministry of Public Security
  • Procuratorate
  • Under Supreme People’s Procurate
  • Courts
  • Peoples Courts and Special People’s Courts
  • Supreme People’s Court of China
  • Highest court
  • China also has an informal system of justice
  • Social control mechanisms
  • Corrections
  • Ministry of Justice

Comparative Criminal Justice Systems

5th Edition

China:
Compared to the United States

  • Unitary Socialist Government- China
  • All forms of government are subordinate to the Chinese Communist Party- china
  • System of informal social control- china
  • Crime has risen In China- keep in mind China does not keep record a number of common crimes
  • Strike hard campaigns similar to get tough policies in U.S.

Comparative Criminal Justice Systems

5th Edition

Current Event

  • Read the following article and keep in mind China’s Criminal Justice and Political system.

  • After reading the article, how would the proposed changes affect human rights in China? What would be the main differences from the existing procedures?
  • http://www.nytimes.com/2012/03/09/world/asia/china-acts-to-give-defendants-greater-rights.html?pagewanted=all&_r=0

Comparative Criminal Justice Systems

5th Edition

Japan:
Overview and Historical Development

Comparative Criminal Justice Systems

5th Edition

  • Divided into 47 administrative divisions- prefectures
  • 99%- of population are native Japanese
  • American Influence due to World War II
  • New constitution: 3 branches of government
  • Legislative government- bicameral
  • Executive Branch- Prime Minister, a cabinet, and a hereditary emperor
  • Judicial Branch- headed by Supreme Court
  • Constitutional monarchy

Japan:
Crime and Criminal Law

  • Crime Rates- very low
  • Crime Issues: Youth crime, Organized Crime, theft
  • Organized Crime- “Boryokudan”- main reason for crime increases in recent years
  • Many cultural reasons for low crime rate
  • Japanese Criminal Code
  • 1. Penal code
  • Divided into 2 books- crimes divided into 3 categories: crimes against the state- crimes against individuals- crimes against society
  • 2. code of criminal procedure
  • 3. prison law

Comparative Criminal Justice Systems

5th Edition

Japan:
Criminal Justice System

  • Hybrid Criminal Justice System
  • Corrections
  • Ministry of Justice
  • Police
  • National Police Safety Commission
  • National Police Agency
  • Courts
  • Hierarchical in nature
  • Supreme court- highest appellate level court

  • Emphasize use of mediation, compromise, and consensus in resolving disputes

Comparative Criminal Justice Systems

5th Edition

Japan:
Compared to the United States

  • Prime Minister is much like the President in U.S.
  • Japan has a Unitary government
  • Written Constitution
  • Hierarchical court system
  • Extensive criminal procedure laws
  • Japan also borrows traditions from Civil Law countries
  • Japan has a very low crime rate compared to U.S.
  • Both use get tough policies

Comparative Criminal Justice Systems

5th Edition

Current Event

  • Watch the following clip and pay close attention to the political processes.
  • What things from the clip are similar to the process of the United States? What things are different?

  • http://www.cnn.com/video/#/video/world/2012/12/26/zolbert-japan-new-pm.cnn

Comparative Criminal Justice Systems

5th Edition

Saudi Arabia:
Overview and Historical Development

  • Economy based primarily on Oil
  • Welfare State- government plays a key role in the protection and promotion of the economic and social well-being of its citizens
  • Made up of 13 provinces called mintagah
  • The King is the chief of state and head of government
  • Non- constitutional monarchy
  • The Saudi’s considered the Qur’an to be their form of constitution
  • Not a democracy- no system of election

Comparative Criminal Justice Systems

5th Edition

Saudi Arabia:
Crime, Criminal Law and the CJ System

  • Crime underreported because of use of informal and non-legalistic responses to crime
  • Crime Issues: terrorism and human trafficking
  • No penal code or criminal procedure
  • Islamic Law as laid out in the Shari ’a is the basis for all criminal justice functions
  • System is administered through religious courts whose judges are appointed by the King
  • Police
  • Highly centralized

Comparative Criminal Justice Systems

5th Edition

Saudi Arabia:
Compared to the United States

  • Emphasizes Sacred Law Tradition
  • No clear difference between religious influence and governmental decision making
  • Non-constitutional monarchy
  • King is highest court of appeal
  • Police highly centralized
  • Has few written laws
  • Like U.S. has been affected by terrorism
  • Very low crime rate compared to U.S

Comparative Criminal Justice Systems

5th Edition

Current Event

  • After reading this article. Discuss the apparent differences between Saudi Arabia and the United States.
  • How are things different regarding punishments and the freedom of speech of the activists?

  • http://www.cnn.com/2013/01/15/world/meast/saudi-activists-trial/index.html?hpt=wo_c2

Comparative Criminal Justice Systems

5th Edition