Comparative Criminal Justice 5th EditionChapt

Comparative Criminal Justice
5th Edition
Chapter 4: Six Model Nations
Adrianna Hughes
University of Scranton
Learning Objectives: Chapter 4Discuss the particular historical
developments that may have had a major effect on the formation
of criminal law and criminal justice administration in each
model countryAnalyze contributing factors to the crime rates in
each model countryIdentify the distinct approach to criminal
justice each model nation exemplifiesUnderstand the basic
structures of the criminal justice systems in each model
countryCompare the unique crime problems in model countries
with crime in the United States
Comparative Criminal Justice Systems
5th Edition
England:
OverviewEngland is the historical backbone of the Common
Law TraditionOperates as a capitalist economy, with various

forms of socialismHas a Unitary government: government power
is centralized rather than being divided between states and a
central governmentOpposite of United StatesFederalism- power
divided between states and a central governmentMonarch- sole
and absolute ruler of a countrySuch as King or QueenThe
influence of the monarchy in England has eroded
5th Edition
England:
OverviewMajor component of parliament- House of
CommonsThe real leader of the country- Prime MinisterThe
head of the political party that possesses a majority of seats in
the House of CommonsAdvisor to the monarch and chairs of the
cabinet
5th Edition
England:
Historical DevelopmentEnglish bill of RightsMagna ChartaThe
Petition of RightsAct of SettlementAll pioneered a tradition of
limited government
Since rise of British Empire many legal changes have lead to
the export of English law to the coloniesLead to legal
pluralism- the mixing of more than one system of law within a
particular country or region of a country
5th Edition

England:
Historical DevelopmentSupreme Court of the United
Kingdom12 person courtServes as court of last resort
No written constitutionHowever, has a strong constitutional
tradition that has evolved over centuriesCan be called
“unwritten constitution” Includes charters, organic laws,
traditions, and legal procedures.Organic laws- the laws of
Parliament that describe the machinery of government
5th Edition
England:
Crime
5th Edition
The Research and Statistics Department of the Home
OfficeCollects crime stats in England: Police and data from the
British Crime Survey(BCS)BCS believed to be more credible4.2
% drop in overall crime from 2010-11 to 2011-12
Crime issues: drug use and trafficking and hate crimes
England:
Criminal LawAll crimes are either “arrestable” or
“unarrestable” offensesArrestable – indictable offenses that are

punished by incarceration termEx: manslaughter, murder,
assaultUnarrestable- “summary” – generally tried in magistrates
courtsEx: drunk and disorderly conduct, loitering, most traffic
offenses
5th Edition
England:
Criminal Justice SystemLord ChancellorAppointed by Prime
MinisterAppoints all judges to the and supervises the court
system in EnglandKeeping order is a shared responsibility
between national and local governmentThe police and prison
system fall under the Home SecretaryCJ system is highly
affected by decisions made in ParliamentEx: Criminal Justice
and Police ActChanged how police were trained
5th Edition
England:
Compared to United StatesCommon languageSimilar in
governmental and cultural traditionsBoth encourage local
administration and funding.Parallel crime rates- except for U.S.
violent crime rate is much higherBoth use get tough on crime
policies
5th Edition

France:
OverviewThe French Republic is divided into 22 administrative
regionsFurther divided into 96 provinces (one- prefect)Strong
Economy- fertile farmland and highly developed industrial
sectorMajor producer of Steel, chemicals, and nuclear
energyUnitary StateWritten ConstitutionRepublican
Government- president heads the government, but main power is
in hands of citizens who vote for representativesTwo house
legislature- National Assembly( lower chamber) and
Senate(upper chamber)
5th Edition
France:
Historical DevelopmentDeclaration of the Rights of Man and of
the CitizenDefining moment in revolutionary periodAsserted
right to resist oppression, rights of liberty and equality,
separation of powersReign of TerrorEnded by Napoleon
BonaparteSeveral WarsFive Republics
5th Edition
France:
CrimeDirectory of Justice StatisticsAnnuaire statistique de la
justiceShowed slight decrease in crime since 1990’sFrench

National Monitoring Centre on Crime -show crime
increaseCrime Issues: drugs, immigration, terrorism, human
trafficking
5th Edition
France:
Criminal LawDeclaration of the Rights of Man and of the
CitizenBasic principles of criminal law found herePenal Code-
distinguishes crimes based on their seriousnessMisdemeanors(
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
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
5th Edition
The Importance of the French and German Civil
CodesInfluential in the development of law over the past two
centuriesBoth codes were developed during a time of
industrialization and expansionImperialism was at its height
fostering cross-national adaptation of laws and legal structureAs
new countries formed and old countries sought to modernize
full codes of laws helped to simplify the processUnified civil
codes were adapted to some degree according to local
circumstances and local traditions
5th Edition
The Common LawMore ancient and complex than French or
German CodesHistoryThe King’s Court( England)Appointed
judges traveled around country ruling on disputes that had not
been settled in local courtsOvertime a body of law developed
that was based on the decisions of the judge’s of the King’s
CourtEstablished the importance of precedentStare decisis- “it
stands decided”Judicial Independence- judges bound by law
rather than by desires of the ruler

5th Edition
France:
Criminal Justice SystemThe Constitutional Counsel
CourtReviews legislation proposed by the legislature, Prime
Minister, or govt.The Council of StateSupreme administrative
courtLeading advocate of citizen’s rights
Supreme Court of Appeals- highest court
Police: Police Nationale and GendamerieCorrectional Services -
Under control of Ministry of Justice
5th Edition
France:
Compared to United StatesBoth developed after a
revolutionRepublican in styleWritten constitutionFrance has
centralized form of governmentBoth use get tough on crime
policies
5th Edition
Germany:
Overview & Historical Development Country is divided into 16

states( Lander)Federal Republic- power distributed between
federal govt. and statesGovernment- Executive, Legislative and
Judicial BranchesBicameral Legislature: lower house and
principle chamber: Bundestag & BundesratImportant Historical
developmentsGerman Civil CodeThe Basic Law146 articles-
describes system of law- checks and balances
5th Edition
Germany:
Crime & Criminal LawCriminal Federal Police- collect crime
statisticsCrime Issues- drugs, immigration, ethnic
violenceViolent Crimes have risen
German law is a combination of ordinances, statutes, and
administrative rulesBundegesetz- federal statues Landegesetz-
State laws( Lander)Criminal code distinguishes between
felonies(Schwerverechen) and misdemeanors(Vergehen)
5th Edition
Germany:
Compared to United StatesFederal republic- distributes powers
between state and federal governmentsGermany has a Civil Law
traditionThe Basic Law in Germany performs like the
Constitution in the U.S.Crime rates have dropped- hate crimes
have risen in Germany
5th Edition

China:
Overview and Historical Development
Most populous nation and one of the world’s oldest
civilizationsUnitary, multinational, socialist country23
provinces- 5 regions- 4 municipalitiesNational People’s
Congress (NPC)Chinese Communist Party (CCP)Various
dynastiesInfluenced by Confucian thoughtCultural
RevolutionShift away from total acceptance of unwritten codes
and informal social control mechanisms
5th Edition
China:
Crime and Criminal LawProvide 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 lawSpecial- chapters addressing 8 classes of offenses

5th Edition
China:
Criminal Justice SystemFour ComponentsPoliceMinistry of
Public SecurityProcuratorateUnder Supreme People’s
ProcurateCourtsPeoples Courts and Special People’s
CourtsSupreme People’s Court of ChinaHighest courtChina also
has an informal system of justiceSocial control
mechanismsCorrectionsMinistry of Justice
5th Edition
China:
Compared to the United StatesUnitary Socialist Government-
ChinaAll forms of government are subordinate to the Chinese
Communist Party- chinaSystem of informal social control-
chinaCrime has risen In China- keep in mind China does not
keep record a number of common crimesStrike hard campaigns
similar to get tough policies in U.S.
5th Edition
Current EventRead 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/chin
a-acts-to-give-defendants-greater-
rights.html?pagewanted=all&_r=0
5th Edition
Japan:
Overview and Historical Development
5th EditionDivided into 47 administrative divisions-
prefectures99%- of population are native JapaneseAmerican
Influence due to World War IINew constitution: 3 branches of
governmentLegislative government- bicameralExecutive
Branch- Prime Minister, a cabinet, and a hereditary
emperorJudicial Branch- headed by Supreme
CourtConstitutional monarchy
Japan:
Crime and Criminal LawCrime Rates- very lowCrime Issues:
Youth crime, Organized Crime, theftOrganized Crime-
“Boryokudan”- main reason for crime increases in recent
yearsMany cultural reasons for low crime rateJapanese Criminal
Code1. Penal codeDivided into 2 books- crimes divided into 3
categories: crimes against the state- crimes against individuals-
crimes against society2. code of criminal procedure3. prison
law
5th Edition

Japan:
Criminal Justice SystemHybrid Criminal Justice
SystemCorrectionsMinistry of JusticePoliceNational Police
Safety CommissionNational Police AgencyCourtsHierarchical in
natureSupreme court- highest appellate level court
Emphasize use of mediation, compromise, and consensus in
resolving disputes
5th Edition
Japan:
Compared to the United StatesPrime Minister is much like the
President in U.S.Japan has a Unitary governmentWritten
ConstitutionHierarchical court systemExtensive criminal
procedure lawsJapan also borrows traditions from Civil Law
countriesJapan has a very low crime rate compared to U.S.Both
use get tough policies
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

5th Edition
Saudi Arabia:
Overview and Historical DevelopmentEconomy based primarily
on OilWelfare State- government plays a key role in the
protection and promotion of the economic and social well -being
of its citizensMade up of 13 provinces called mintagahThe King
is the chief of state and head of governmentNon- constitutional
monarchyThe Saudi’s considered the Qur’an to be their form of
constitutionNot a democracy- no system of election
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
traffickingNo penal code or criminal procedureIslamic Law as
laid out in the Shari ’a is the basis for all criminal justice
functionsSystem is administered through religious courts whose
judges are appointed by the KingPoliceHighly centralized
5th Edition
Saudi Arabia:
Compared to the United StatesEmphasizes Sacred Law

TraditionNo clear difference between religious influence and
governmental decision makingNon-constitutional monarchyKing
is highest court of appealPolice highly centralizedHas few
written lawsLike U.S. has been affected by terrorismVery low
crime rate compared to U.S
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
5th Edition

Comparative Criminal Justice 5th EditionChapt

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