Comparative Criminal Justice
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CSJ497W32.pptxCJS497 Chapters 5 & 6 Review
Professor Chavez
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Chapter 5
Law Enforcement
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POLICE
The term POLICE is derived from the Greek word POLIS, which in ancient Greece was used to describe the group responsible for maintaining health, order and safety in the community
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Police – Law Enforcement
The Police task is particularly difficult in a democracy, in which the two mandates of responsibility and responsiveness may be contradictory in certain situations
This task is easier in times of prosperity and peace than it is in times of tension, conflict, and civil disorder PG 99
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Chapter 5 – Law Enforcement Functions
Police are tasked with performing a variety of functions within our society. Often, the police are called when all options have been exhausted. Some of the duties performed:
Crime Prevention
Apprehension of Law Breakers
Riot Control
Community Service
Protection against internal security threats
Police have been tasked with expanding their roles beyond jurisdiction boundaries
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Chapter 5 Law Enforcement Organizations
In the United States we have various levels of law enforcement on the federal, state and local level
Federal Level: US Attorney’s Office, FBI, DEA, HSI, IRS, ATF, Secret Service
State Level: State Attorney’s Office, State Investigation agencies, Highway Patrol
Local: District Attorney – Prosecutors Office, Investigative Agencies, County Sheriff, City Police
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Chapter 5 Current Issues (My View)
Police Relations
Police Responsibility
Use of Force
Funding
Federal and State Mandates
CA Legislative Laws – AB109/Prop 57
Effects on Law Enforcement Personnel
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Chapter 5 – Functions of Police
Deviance Control: Police mission and task to enforce community values and law
Civil Order Control: Duty of police to respond, supervise, or control two or more citizens in any situation that may disrupt the peace and tranquility of a society
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Chapter 5
Key Operational Issues for Police Around the Globe: Police in different countries go about their business in different ways
Community Policing – Pg114/116 Model Nations
An examination of policing from around the globe reveals that community policing is among the most commonly adopted police operational strategies in the world
Community Policing in the US, AKA: community-based, community-oriented or problem-oriented policing is a term describing programs that represent collaborative programs between the police and public to identify crime problems
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Chapter 5
Diversity: Police must treat all people with respect and in a fair and professional manner – Community policing programs often surfaced because the police have historically been in conflict with different groups of citizens
Privatization: Independent or proprietary commercial organization – security guards
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Gendarmerie Nationale (GN): French police organization, which operates within the ministry of defense; the GN is responsible for small towns and rural areas with fewer than 10,000 inhabitants. The GN also provides security of public officials, maritime and overseas support, airport security and transport, and training.
Kidotai: Japanese officers trained for civil order control; a separate division from the conventional police work. Police generally serve in this division for three years before returning to street police work.
Koban: Tiny police posts located in urban areas of Japan; koban function as community safety centers, with koban officers giving directions, securing accident scenes, and visiting houses and businesses to learn more about issues of concern to the community
Mubahith: Saudi Arabia’s secret police who conduct criminal investigations and handle matters of domestic security and counterintelligence
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Policing in the Model Countries
England
France
Germany
China
Japan
Saudi Arabia
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Chapter 6
Criminal
Procedure
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Chapter 6 – 3 Major Legal Systems
The Adversarial System: A set of legal procedures used in Common Law countries to determine the truth during adjudication whereby the prosecution and defense counsel compete against each other while the judge ensures fairness and adherence to the rules
The Inquisitorial System: A main model of criminal procedure for over 700 years and, although it is commonly associated with Civil Law Systems, it also has touched every legal system in the world
The Popular (Mixed) System: A form of administering criminal procedures in the world, is the popular system or mixed system of justice. It is called popular due to it being a system that calls for the popular participation of citizens who are not necessarily criminal justice professionals ; American jury trial system
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Abstract Constitutional Review: The counsel decides on issues of constitutionality without hearing actual cases that have arisen under specific laws; the counsel gives advisory opinions rather than judgments in cases;
Adversarial System: Set of legal procedures used in Common Law countries to determine the truth during adjudication whereby the prosecution and defense counsel compete against each other while the judge ensure fairness and adherence to the rules
Advocate: Attorney for either the defense or prosecution in France
Assessor: Professional judge selected from other courts to sit in on the trial; in addition to the president judge
Court of Assize: The courts of original jurisdiction in criminal matters in France
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Dossier: A complete record of the pretrial proceedings; informs the judges, defense attorney, and others about the testimony of key witnesses and evidence to be presented
European Convention of Human Rights: A series of articles that address basic rights and freedoms evident in democratic countries
Garde a Vue: In France, the initial questioning period, in which the suspect can be held for up to 24 hours without being formally charged or being told that he or she is the Primary suspect,
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Judicial Review: The power of a court to review actions and legal decisions made by those in the criminal justice system
Juge d’Instruction: In France, the examining magistrate responsible for a complete and impartial investigation of the facts
Justice of the Peace: An individual who carries out many legal functions, including adjudicating traffic violations, some misdemeanors, small civil claims and some domestic matters
Popular System: Mixed system of justice; calls for popular participation of citizens who are not necessarily criminal justice professionals
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Plea Bargaining: The accused agrees to plead guilty in return for various concessions, such as a lesser charge or a reduced sentence
Saiban-in: Japanese lay-assessors who assist the professional judges in serious cases in which there is considerable public interest; saiban-in and the judges make up a panel to hear witnesses, examine evidence and eventually determine suspects guilt or innocence
Schöffen: Lay judges used in Germany in courts of appeal for cases of limited jurisdiction and first-level cases of general criminal jurisdiction.
Supranational Court: International courts; these courts and their decisions cross national boundaries and have a higher legal standing than decisions of courts in individual countries
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Chapter 6
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The United States is a Common Law Country
Common Law Criminal Procedure Pg.130
USA Model – Bill of Rights
The Right to Counsel: Sixth Amendment
The Right to Remain Silent: 1966 SCOTUS Miranda V. AZ
The Right to Trial by Jury: Seventh Amendment
The Right to Bail: Eight Amendment (Excessive Bail)
There is some variation from country to country under the Common Law system, however, the core practices in the criminal procedures are very similar
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Civil Law Criminal Procedure Pg.134
Civil Law is the most common of all legal traditions. There are numerous variations of criminal procedure practiced throughout the world.
France Example
The Investigation: The French divide criminal offenses into 3 categories: felony crimes, delits (serious misdemeanors) and contraventions (minor crimes)
The Right to Bail: The accused or the defense counsel can apply for bail at any time during the case, examining Magistrates decides
The Right to Counsel: 1897 French law required an attorney (advocate) represent the accused
The Right to Remain Silent: French law requires that the accused be informed of his or her right to remain silent
Right to Trial by Jury: Unlike some other Civil Law countries, France has not abandoned trail by jury
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Criminal Procedure Law (CPL) China
In 1979, the National People’s Congress developed its first Criminal Procedure Law to make legal adjustments, as necessary, to accommodate a new economic vision
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Socialist Criminal Procedure Pg. 138 China - Criminal Procedure Law (CPL)
Pretrial Investigation: Crime is reported to the public service agency (police) the procurator or the court. Evaluated for further investigation
The Right to Bail: Restricted in China, suspect can apply for and receive bail, but they are not entitled to bail
The Right to Counsel: 1996 CPL, all defendants have the right to defend themselves or to appoint someone to defend them
Right to Remain Silent: The defender shall present, according to the facts and law, materials and opinions proving innocence
The Chinese Trial and Judicial Fairness: The procurator represents the interests of the state and the defendant or legal counsel represents the defendant
Distinctive Aspects of Socialist Law Procedures: In Common Law and most Civil Law systems, the tendency is to be protective of individual rights. In Socialist Law systems, the major emphasis is on the public’s interest
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Sacred (Islamic) Criminal Procedure Some countries that base their legal tradition on some form of sacred text or principles - Saudi Aribia
Investigation: Two common ways to initiate a criminal investigation
A victim or his heirs may initiate/request an investigation to a court. The Quadi (judge) will decide if the court will prosecute the matter
Government Agencies may conduct an investigation
Right to Bail: Same standard that is applied in the Civil Law nations. Saudi Arabia there is a bail system
Right to Counsel: Historically, the accused was expected to take charge of his own legal defense. The accused should have the right to a lawyer.
Right to Remain Silent: Saudi Law of criminal procedure does not provide a person with the right to remain silent
Right to Trial by Jury: No lay assessors are used in the trial proceedings – Trials are open to the public
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Japan: The Hybrid Situation Pg145
Constitutional and System Review: The Japanese system of criminal justice is distinct in that it has been so largely influenced by the Civil Law, Common Law, Chinese Confucian, but also retained a distinctly Japanese's flavor
Arrangements for Constitutional Review: The first method used by governments to decide the constitutionally of procedural laws and the legitimacy of actors in the system through the use of judicial review
No Review: The most obvious alternative to conventional judicial review is no constitutional review
Nonjudicial Review: Alternative to judicial review is the establishment of a nonjudicial constitutional review agency to resolve issues of constitutionality
Judicial Review with Legislative Approval: Another form of Judicial review is to have constitutional decisions by a supreme court subject by a legislative body
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Chapter 6
The Convergence of Systems: Countries develop their own code of criminal procedures
Beyond Constitutional Review / Supranational Courts
Courts to address issues of international and transnational criminal matters that occur within or across international borders
Supranational Courts decisions may cross international borders and have a higher standing than decisions of courts in individual countries
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Courts
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US Court System
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Things To Look For
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Statements or questions might be on the quiz
NO ANSWERS ARE GIVEN IN THIS SECTION
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Things to Look For
The two police organizations in France are?
The mutawa in Saudi Arabia are the?
The possibility of bail being discriminatory against the poor is a serious problem for Common Law systems T/F
The judicial system in China guarantees criminal defendants basic legal safeguards and due process T/F
In which model nation is both deviance control and civil order control performed by regular street police?
In Common Law criminal procedure, the accused is innocent until proven guilty, whereas in Civil Law systems, the accused is guilty until proven innocent T/F
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Things To Look For
Civil order control in Germany is the responsibility of the:
Unlike the U.S Supreme Court, decisions of Japan’s Supreme Court may be ignored T/F
Courts that determine constitutionality by hearing concrete cases may also practice abstract review T/F
Germany’s Constitutional Court is made up of career civil service judges, lawyers, law professors, and politicians T/F
A unique feature of the French Constitutional Council is that individual citizens may request hearings on matters of constitutionality T/F
Tasks of Japanese officers who work in local police stations include?
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Things To Look For
Chinese criminal procedure does not allow for bail with the exception of juveniles T/F
A resident of rural Japan could expect regular visits from the local?
A citizen apprehended during a riot in rural France is most likely to be arrested by a member of the?
A murder in Germany would be investigated by the?
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Things To Look For
Which of the following is not a form of community policing?
The purpose of secrecy during pretrial investigations in France is to ensure witnesses are protected and not tampered with before testifying T/F
The most popular form of constitutional review is judicial review with legislative approval T/F
Similar to the United States, England and Saudi Arabia also have written constitutions T/F
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