Comparative Criminal Justice 5th Edition Chapter 1: Introduction Adrianna Hughes University of Scranton Learning Objectives: Chapter 1Distinguish international criminal justice from comparative criminal justice Describe the value of comparing systems and issues of criminal justice Discuss globalization and its effects on crime and criminal justice Explore how countries have adopted methods from other to change how they practice criminal justice Describe the purpose of the historical- political approach Comparative Criminal Justice Systems 5th Edition Comparative Criminal JusticeInvestigates and evaluates a national system of justice in terms of other countries, cultures, or institutionsKey word: compareExamines strengths and weaknesses of different approaches to : crime, law, and justice around the world.Comparative criminology study of the causes and correlates of crime in two or more cultures. Comparative Criminal Justice Systems 5th Edition International & Transnational Crimes InternationalCrimes against the peace and security of mankindBased on international agreements between countries, or legal precedentsEx’s: genocide, torture, and enslavement of population TransnationalOffenses whose inception, acts, and impact involve more than one countryUsually involve provision of illicit goods or infiltration of business or government Comparative Criminal Justice Systems 5th Edition International & Transnational Crimes: Continued InternationalThe International Criminal CourtFounded 2002; NetherlandsAdjudicates international crimesEx: President of Liberia: Charles TaylorAiding and abetting crimes Transnational Occurring more frequently as global communication and interaction increase Ex: guns used in criminal enterprises smuggled from Mexico to US- 2007-2011Counterfeit perfume sold in United States from China See: Table 1.1 for most common transnational crimes Comparative Criminal Justice Systems 5th Edition International & Transnational Crimes: Continued Comparative Criminal Justice Systems 5th Edition Origins of Comparative Criminal JusticeApplies comparative methodologies used in law and political science to sociology and criminal justiceOrigins1700’s- “Age of Enlightenment”Cesare Beccaria- considered first criminologistCalled for changes in Western European criminal justiceSuch as elimination of torture, death penalty, and secret trials. Comparative Criminal Justice Systems 5th Edition Origins of Comparative Criminal Justice Continued1800’sOthers such as Jeremy Bentham and Emile Durkheim begin to conduct cross- national studies of crime Criminal Justice Professionals start researching issue of cross-national crime General Statistical Congress, International Congress on the Prevention and Repression of Crime, and First International Police Congress First large scale attempts to collect data on international crime. Comparative Criminal Justice Systems ...

1. Comparative Criminal Justice
5th Edition
Chapter 1: Introduction
Adrianna Hughes
University of Scranton
Learning Objectives: Chapter 1Distinguish international
criminal justice from comparative criminal justice
Describe the value of comparing systems and issues of criminal
justice
Discuss globalization and its effects on crime and criminal
justice
Explore how countries have adopted methods from other to
change how they practice criminal justice
Describe the purpose of the historical- political approach
Comparative Criminal Justice Systems
5th Edition

2. Comparative Criminal JusticeInvestigates and evaluates a
national system of justice in terms of other countries, cultures,
or institutionsKey word: compareExamines strengths and
weaknesses of different approaches to : crime, law, and justice
around the world.Comparative criminology study of the causes
and correlates of crime in two or more cultures.
Comparative Criminal Justice Systems
5th Edition
International & Transnational Crimes
InternationalCrimes against the peace and security of
mankindBased on international agreements between countries,
or legal precedentsEx’s: genocide, torture, and enslavement of
population
TransnationalOffenses whose inception, acts, and impact
involve more than one countryUsually involve provision of
illicit goods or infiltration of business or government
Comparative Criminal Justice Systems
5th Edition
International & Transnational Crimes: Continued
InternationalThe International Criminal CourtFounded 2002;
NetherlandsAdjudicates international crimesEx: President of
Liberia: Charles TaylorAiding and abetting crimes
Transnational Occurring more frequently as global
communication and interaction increase

3. Ex: guns used in criminal enterprises smuggled from Mexico to
US- 2007-2011Counterfeit perfume sold in United States from
China
See: Table 1.1 for most common transnational crimes
Comparative Criminal Justice Systems
5th Edition
International & Transnational Crimes: Continued
Comparative Criminal Justice Systems
5th Edition
Origins of Comparative Criminal JusticeApplies comparative
methodologies used in law and political science to sociology
and criminal justiceOrigins1700’s- “Age of
Enlightenment”Cesare Beccaria- considered first
criminologistCalled for changes in Western European criminal
justiceSuch as elimination of torture, death penalty, and secret
trials.
Comparative Criminal Justice Systems
5th Edition

4. Origins of Comparative Criminal Justice
Continued1800’sOthers such as Jeremy Bentham and Emile
Durkheim begin to conduct cross- national studies of crime
Criminal Justice Professionals start researching issue of cross-
national crime
General Statistical Congress, International Congress on the
Prevention and Repression of Crime, and First International
Police Congress
First large scale attempts to collect data on international crime.
Comparative Criminal Justice Systems
5th Edition
Origins of Comparative Criminal Justice
Continued1960’sUnited Nations created the Crime Prevention
and Criminal Justice BranchOther International Organizations
involved in collecting data on international crime and justice
issues includeInternational Criminal Police Organization
(Interpol)World Health Organization- (WHO)International
Crime Victim Surveys –(ICVS)
Comparative Criminal Justice Systems
5th Edition
Origins of Comparative Criminal Justice ContinuedNational
Institute of Justice (NIJ)- is the research, development, and
evaluation agency of the U.S. Department of Justice.NIJ
developed an International Center in 1998Stimulates and

5. facilitates research and evaluation on transnational crime and
justice issuesCirculates knowledge gained on these issues
throughout the international and national criminal justice
communities
Comparative Criminal Justice Systems
5th Edition
Why Compare Criminal Justice Issues and
Systems?Comparisons lie at the foundation of all our
thinkingKey element in Critical thinking- purposeful mental
activity which permits us to examine the relative strength of
evidence, arguments, and alternative courses of conduct3 ways
to engage in critical thinking
Determine what is known about an issue, and ask ourselves why
we think that way- Ex: position on death penaltySeek out
opposite side of story: understand other positionsObjectively
weigh the evidence and different opinions and then make a
decision based on the available evidence
Comparative Criminal Justice Systems
5th Edition
Why Compare Criminal Justice Issues and Systems?3 Reasons
to compare systems1. To Benefit from the experience of others
2. To broaden our understanding of different cultures and
approaches to problems

6. 3. To help us deal with the many transnational crime problems
that effect our world today
Comparative Criminal Justice Systems
5th Edition
To Benefit from the Experience of OthersWhat we learn from
other countries and how they deal with criminal justice issues,
helps us to develop hypotheses that will help us begin to solve
problems related to crime
Japan has a much lower crime rate than U.SJapan credits their
police methods for low crime rate- most notably community
policingAlso, kobans-small local police stations
Many U.S cities such as Atlantic City, Detroit, and Houston,
have modified the Japanese methods and use them in their own
police operations
Comparative Criminal Justice Systems
5th Edition
To Benefit from the Experience of OthersMany countries
adopted rules of criminal procedure that were created by
othersRight to counsel at an early stage of the criminal justice
process – becoming nearly universal
Many countries have adopted entire legal codes from other
countriesNapoleonic codeGerman Civil code
These codes have had great influence on the development of
legal and criminal justice systems throughout the world

7. Comparative Criminal Justice Systems
5th Edition
To Benefit from the Experience of OthersCorrections Strategies
are also adopted from country to countryDay fines- originated
in Scandinavian countries- adopted by Germany, Great Britain
and the United States Restorative Justice- has roots in
indigenous cultures New Zealand, Belgium, Australia, Canada,
and the United States all have implemented different kinds of
restorative justice programs
Comparative Criminal Justice Systems
5th Edition
To Benefit from the Experience of OthersMany countries have
also improved their ability to collect crime statistics using the
Uniform Crime Report(UCR) and National Crime Victimization
Surveys(NCVS)
Specific policies and practices should only be adopted after
serious evaluationThey must be modified to fit into the new
cultural context
Comparative Criminal Justice Systems
5th Edition

8. Current
Examplehttp://www.cnn.com/video/?hpt=wo_t2#/video/world/2
012/12/18/w1-us-gun-culture-international-gun-laws.cnn
Discussion: Do you feel that we can benefit from the gun
control policies and regulations that Great Brittan has put into
place? Why or why not? Make sure to note the cultural
similarities or differences, and modifications that would need to
be made, if any, to make the policies fit American culture.
Comparative Criminal Justice Systems
5th Edition
To Broaden our Understanding of the WorldAvoiding
ethnocentrism- believing that ones own county or culture does
things right and all other practices are wrongEthnocentrism can
be dangerousCan lead to crime within and across bordersCan
also lead to discrimination, oppression, or violent ethnic based
conflictsA nations way of administering justice often reflects
cultural, religious, economic, political, and historical
realitiesLearning about the reasons for these practices gives us
insight into other countries values, traditions, and cultures
Comparative Criminal Justice Systems
5th Edition

9. Current
Examplehttp://www.nytimes.com/2012/12/20/world/europe/russi
a-votes-to-ban-all-adoptions-by-
americans.html?ref=todayspaper&_r=1&
Discussion: After reading the above article do you feel that
ethnocentrism plays a role within the legislation proposed? If
so, what impacts could this have on the countries involved?
(Relate it back to class discussions about why ethnocentrism
can be harmful.)
Comparative Criminal Justice Systems
5th Edition
To Deal More Efficiently with Transnational Crime
ProblemsImportant to address transnational and international
crime problemsGlobalization- the world has become
interdependent in terms of events and actions of people and
governments around the worldResulted from a number of
cultural and technological changes in the twentieth centuryEase
of worldwide travel, growth and speed of internet, end of cold
war, demise of soviet union, and emergence of China as a
market economy
Comparative Criminal Justice Systems
5th Edition
To Deal More Efficiently with Transnational Crime

10. ProblemsOne result of Globalization is the rise in international
and transnational crimeFigure 1.1 illustrates how transnational
crime is connected to larger social, economic, and government
influencesTransnational crime is a form of illicit enterprise that
involves a network of individuals who look to make a profit
from an available opportunityRegardless of criminal opportunity
chosenNeed a supply- ex. Drugs, stolen propertyNeed a steady
supply of consumers
Comparative Criminal Justice Systems
5th Edition
To Deal More Efficiently with Transnational Crime ProblemsIn
order to adapt to pressure from police and competitors illicit
measures are usedInfiltration of government and other
legitimate businesses- extortion, corruption, and money
launderingPerpetrators of transnational crimes must be
entrepreneurial and organized (See figure 1.1)
International cooperation is essential if we wish to solve the
issues of transnational crime
Without international cooperation we cannot find, extradite, or
serve justice on those who violate laws and cause pain and
suffering throughout the world
Comparative Criminal Justice Systems
5th Edition
Historical -Political ApproachGeneral approach taken in

11. bookHistorical Practices of administering justice develop over
centuries within countries in response to needs and historical
events
PoliticalCriminal justice agencies are government institutions
and reflect political decisions about law and the administration
of justiceEx. Hard to understand development of U.S criminal
procedure without grasping role of the Supreme Court
Social and Economic factors are also important in shaping
administration of justice and they are often tied to both political
and historical events
Comparative Criminal Justice Systems
5th Edition
Model SystemsThere are 192 independent states in the
worldIndependent state- refers to people who are politically
organized into a sovereign state with a definite
territorySovereign state-internationally recognized unit of
political authorityThere are also 76 “dependencies” and even
more nations than independent sovereign states
Comparative Criminal Justice Systems
5th Edition
Model SystemsSix model Systems are found in these
countriesEnglandFranceGermanyChinaJapanSaudi Arabia

12. Comparative Criminal Justice Systems
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Basic Values in Criminal Justice System
Professed Values- proclaimed as values by the participants in
the systemEx. Equal justice under the lawUnderlying values-
not openly proclaimed but nevertheless govern actions within
the criminal justice systemIn China individuals have rights that
may protect them from governmental intrusion and abuse, which
is a professed value, but according to the underlying values of
Chinese society, the needs of society are more important than
individual rights therefore individual rights may become
secondary in a legal proceeding
Comparative Criminal Justice Systems
5th Edition
Political Culture V. Politicized CulturePolitical Culture-
administration of justice is a governmental function and reflects
the political culture of a nationCulture- patterns of behavior and
thought that have developed over the course of a society’s
historyEx. Germany- political culture emphasizes legalism-
bound to reflect the same concerns in its justice
systemPoliticized justice- involves perverting the judicial or
criminal justice process to achieve particular political ends,
usually to punish enemies of the regime in power or to deter

13. others from joining those enemiesEx. The trials of Stalin’s
Opponents In the Soviet Union
Comparative Criminal Justice Systems
5th Edition
Families of Law- Legal TraditionsCommon Law- England Civil
Law- France and GermanySocialist Law- ChinaSacred
Law-Saudi ArabiaHybrid System *Japan
All modern legal systems are based at least partially on one or
another of these historical arrangements
Comparative Criminal Justice Systems
5th Edition
Current
Examplehttp://www.huffingtonpost.com/2012/12/12/border-
patrol-cannon-mexico-drug-smugglers-
marijuana_n_2284748.html?utm_hp_ref=drug-war
Discussion: Is this an example of an international or
transnational crime? Discuss possible solutions to preventing
drug trafficking from Mexico into the United States.Also, see
United Nations Office on Drugs and Crime website and discuss
the issue of drug trafficking from a worldwide perspective.
Comparative Criminal Justice Systems
5th Edition