CRIM 405.003
Prof. Andrew Novak
• Definitions
• United Kingdom
• France
• Germany
• China
• Japan
• Saudi Arabia
• International Criminal Court
• Legal Pluralism: Where more than one legal system,
body of law, or court system exist in a jurisdiction.
• Distinguish: ...
• Adjudicators: Judges or magistrates who make
dispositions in court; may be professional or lay.
• Appointed in common la...
• Typical court system for UK and most former British
colonies:
• Magistrate’s courts (low-level criminal cases)
• High or...
• Judges
• Formerly appointed by Lord Chancellor; today appointed by
Judicial Appointments Commission (same is true in man...
• Court system of France (and typical of former French
colonies)
• Minor crimes go to:
• Police courts (tribunaux de polic...
• Lawyers: Avocats must possess a license in law from a
university law school, followed by examination.
• Certified law gr...
• Court system
• Minor criminal cases: Amtsgerichte
• Major criminal cases (and appeal of minor ones): Landgerichte
• Appe...
• No legal profession during Cultural Revolution;
reestablished in 1982. Increasing professionalization and
independence.
...
• All legal professionals are trained in law, receive a law
degree, pass a national bar exam, and continue 18
months of st...
• Qadi
• Traditional Islamic judge, served at pleasure of political authority
• Decisions were in personal judgment; no co...
• Permanent international tribunal created in 2002
• Prosecutes four crimes
• Genocide (systemic destruction of a group)
•...
• Three component parts
• Judicial Division (adjudication of cases)
• Pre-trial chamber
• Trial chamber
• Appeals chamber
...
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International and comparative courts and lawyers

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International and comparative courts and lawyers

  1. 1. CRIM 405.003 Prof. Andrew Novak
  2. 2. • Definitions • United Kingdom • France • Germany • China • Japan • Saudi Arabia • International Criminal Court
  3. 3. • Legal Pluralism: Where more than one legal system, body of law, or court system exist in a jurisdiction. • Distinguish: Legal hybrid, where a country does not have a single dominant historical legal tradition. • Court: Venue for the resolution of disputes • Court of limited jurisdiction: Authority is over only specific segment of disputes, separated by value, subject matter, or type of litigant. • Court of general jurisdiction: Trial court with presumptive authority over all other claims, usually the vast majority of them. • Courts of first or intermediate appeal: Usually one level above trial court. • Courts of last resort or final appeal: Second or last level of appeal.
  4. 4. • Adjudicators: Judges or magistrates who make dispositions in court; may be professional or lay. • Appointed in common law world and Latin America by executive, legislative, or higher judicial officers (or increasingly by independent commissions). • Elected in many United States states as a result of the Progressive movement of the early 20th century. • Career civil servants in most civil and Islamic law countries, in which a judge self-selects his or her career path. • The distinction among advocates (presentation in court), advisors (legal advice and preparation of documents), and scholars (legal research) is much more important outside the U.S.
  5. 5. • Typical court system for UK and most former British colonies: • Magistrate’s courts (low-level criminal cases) • High or superior courts (courts of first instance for serious crimes, and appeals of low-level crimes, called “Crown Courts” in UK) • Court of Appeal and often Supreme Court (intermediate/final appeal) • Legal Profession: Bifurcated • Also bifurcated in South Africa, Ireland, 2 Australian states. • Barristers: Courtroom advocates who can appear before judges. • Professional association is called a Bar Association • Apprenticeship called “pupilage” and includes ancient Inns of Court • Solicitors: Attorneys who provide legal advice
  6. 6. • Judges • Formerly appointed by Lord Chancellor; today appointed by Judicial Appointments Commission (same is true in many former British colonies) in an effort to broaden the demographics of the judiciary • No legislative confirmation or vetting by bar association • Prosecutors • Unlike U.S., separation of law enforcement and prosecution is a recent development; until 1980s, police served as prosecutors and hired their own barristers to argue in court • 1985: Parliament created the position of “Crown prosecutor” (like U.S. attorney) to enhance quality of prosecutions • Crown Prosecution Service is headed by Director of Public Prosecutions
  7. 7. • Court system of France (and typical of former French colonies) • Minor crimes go to: • Police courts (tribunaux de police): misdemeanors (contraventions) • Correctional courts (tribunaux correctionnels): serious misdemeanors (délits) • Felony cases go to courts of assize (cour d’assise) • Appeals to Courts of Appeal and then to Court of Cassation. • Judiciary and Procurators • Requires law degree and attendance at National School for the Judiciary in Bordeaux. Following course of study one becomes judge or procurator. • Rarely possess experience as practitioners, and render abstract and brief rulings.
  8. 8. • Lawyers: Avocats must possess a license in law from a university law school, followed by examination. • Certified law graduates serve a three year apprenticeship • National Bar Council founded in 1992 to regulate profession • Legal profession is recently fused: all lawyers known as “avocats” and can appear in court, give legal advice, and prepare legal documents • Legal Education • Undergraduate curriculum is generally liberal arts with a legal concentration • Must enter a one-year professional law course following graduation. Includes internships and is followed by apprenticeship.
  9. 9. • Court system • Minor criminal cases: Amtsgerichte • Major criminal cases (and appeal of minor ones): Landgerichte • Appeals to Oberlandsgerichte (intermediate appeals court) and then to Federal Court of Justice (Bundesgerictshof). • Remember: Germany well-known for its many specialized courts and for Federal Constitutional Court which hears pure legal disputes. • Verdicts at trial by majority vote of panel of professional judges and lay judges. • Like France, legal education is undergraduate, so focus is not practical. Apprenticeship and examination required.
  10. 10. • No legal profession during Cultural Revolution; reestablished in 1982. Increasing professionalization and independence. • Judges • Continues to be a shortage of legally-trained judges, but new judges today need a bachelor’s degree • Judicial selection for court presidents is carried out through election by peoples’ congresses; other judges appointed by court • High rate of corruption • Lawyers • Three years of college education, bar exam, 1 year apprenticeship • People’s assessors: Citizens selected as lay judges (“mass line”) • Legal Education • Large number of universities and practical institutes
  11. 11. • All legal professionals are trained in law, receive a law degree, pass a national bar exam, and continue 18 months of study at the Legal Training and Research Institute • Legal profession small for an industrialized country • Moving toward American-style graduate legal education; today, need bachelor’s degree to enter law school • Judges and Procurators • Bureaucratic, like France: Select judge or procurator career track during school; judicial candidates selected by the court. • Lawyers • Same training as judges and procurators. Stigma toward lawyers. • Saiban-in: Lay assessors in judicial decisionmaking (like
  12. 12. • Qadi • Traditional Islamic judge, served at pleasure of political authority • Decisions were in personal judgment; no court hierarchy • Schooled in Islamic law and consulted Islamic scholars during proceedings • Court system of Saudi Arabia • Islamic courts: First-degree trial courts, courts of appeal, High Court • Secular courts: Board of Grievances (recently renamed Administrative Court), Supreme Judicial Council • Modern judges • Must hold degree from one of the Sharia colleges or universities in the Kingdom. Depend solely on own reasoning, not precedent. Tend to be conservative, since all are religiously-trained men.
  13. 13. • Permanent international tribunal created in 2002 • Prosecutes four crimes • Genocide (systemic destruction of a group) • Crimes against humanity (government policy or toleration of widespread or systemic attacks on human dignity) • War crimes (violations of the laws of armed conflict) • Aggression (unlawful use of military force) • Court can get cases in one of three ways • State party can refer a case (Uganda, DR Congo, Central African Republic, Mali) • UN Security Council may refer a case (Darfur/Sudan, Libya) • Prosecutor can initiate investigation (Cote d’Ivoire, Kenya)
  14. 14. • Three component parts • Judicial Division (adjudication of cases) • Pre-trial chamber • Trial chamber • Appeals chamber • Office of the Prosecutor • Fatou Bensouda of Senegal • Registry • Administrative aspects of criminal prosecution: legal aid, victim protection, etc.

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