5 full page overview and 125 word summary at the end after reference page
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Ch-4sixmodelnations1PowerpointCRJU-430.pptComparative 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
