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CCJ6ModelCountryLecture

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CCJ6ModelCountryLecture Powered By Docstoc
					 Comparative
Criminal Justice

Six Model Nations
 England, France, Germany
       China, Japan,
       Saudi Arabia
                    Legal Traditions
                      (Distinct Approaches)
   England: Unitary Common Law

   France: Unitary Civil Law

   Germany: Federal Civil Law

   China: Socialist Law

   Japan: Civil Law; hybrid system – national tradition and merging
    foreign cultures.

   Saudi Arabia: Islamic Law

* A unitary government means that governmental power is centralized rather than
    being divided between states and a central government as in a federal system
    such as the U.S. and Germany.
                        Crime Issues
   England: drugs, terrorism, immigration, money laundering. Minority rights.

   France: drugs, terrorism, immigration, hate crime. Racial tension – cultural
    conflict.

   Germany: drugs, immigration, hate crime. Right-wing extremism and
    ethnic violence.

   China: organized crime (drugs, guns, smuggling, gambling), corruption,
    gangs, and economic crime.

   Japan: drugs and organized crime (Boryokudan).

   Saudi Arabia: drug crimes.
              Question
         Which of the following
  domestic and/or transnational crimes
              do you think
    is having the greatest effect on
    crime rates and crime policies?

Immigration, drug trafficking, or terrorism?
                         Crime Rate
   England: low-moderate; 9,928 per 100,000 (2001); increase since late
    90’s.

   France: low-moderate; 6,932 per 100,000 (2002); increase since late 90’s.

   Germany: low-moderate; 7,893 per 100,000 (2002); decrease since late
    90’s.

   China: low; 163 per 100,000 (1998); increased through the 90’s.

   Japan: low; 2,210 per 100,000 (2001); increased through the 90’s.

   Saudi Arabia: low; 157 per 100,000 (2001); increased through the 90’s
    (highest rate of increase).
              Question

Do you think homogeneity has an effect on
    crime rates in individual countries?
            If so, in what way?
                       Crime Policy
   England: criminal justice reform and “get tough” policies.

   France: “get tough” and “zero tolerance” policies.

   Germany: reunification policies.

   China: “strike hard” campaigns; modification of criminal procedure
    laws; increase in the death penalty for a variety of crimes.

   Japan: starting to adopt “get tough” crime policies.

   Saudi Arabia: harsh punishments including the death penalty for
    drug trafficking; religious based culture (Koran) inhibits crime.
                          Government
   England: A monarchy, however, the Prime Minister leads the nation.
    Parliament is the supreme power – Cabinet members administer the police,
    courts, and corrections. Elected and hereditary representation.

   France: A unitary republic, a president and elected representatives.

   Germany: A federal republic. General power is in the hands of the chancellor
    not the president. Elected representatives.

   China: A unitary socialist government; subordinate to the Chinese
    Communist party. Primary organs include the presidency, the State Council
    and the National People’s Congress.

   Japan: A unitary constitutional monarchy (the emperor is ceremonial) with a
    prime minister and three branches of government. Elected representation.

   Saudi Arabia: A nonconstitutional monarchy – the king is the chief of state
    and head of government. The king selects the Council of Ministers. No
    system of election or representation.
             Constitution and Laws
   England: no written constitution, rely on constitutional traditions, compacts,
    and Common Law; no penal code.

   France: constitution of the Fifth Republic (1958); penal code.

   Germany: the constitution is called the Basic Law (1949); German law is a
    combination of statutes, ordinances, and administrative rules.

   China: no constitution, a movement from the “rule of man” to the “rule of law”
    (1979-present); informal social control.

   Japan: a new constitution following World War II. Criminal code that is
    predominantly German in nature.

   Saudi Arabia: no separate or formal constitution, however, the Basic Law
    (1993) and the Shari’a fulfill a similar purpose; some consider the Qur’an to be
    such. No published penal codes – Islamic law. Sacred Law tradition.
                         Legal System
   England: Common Law and statutes.

   France: unity of civil and criminal courts.

   Germany: reflects both Civil Law tradition and Common Law tradition.

   China: centrally monitored hierarchical court system (courts are typically in
    collaboration with local political leaders to meet the ideals of the
    Communist party).

   Japan: hierarchical system modeled after European Civil Law and English-
    American legal traditions. Informal procedures such as compromise and
    mediation.

   Saudi Arabia: the king is the highest court of appeal in the land and is
    responsible for judicial appointments to religious courts.
                              Police
   England: Home Secretary.

   France: The Police Nationale and the Gendarmerie Police.

   Germany: The Laender or state governments administer police
    functions not contrary to the Basic Law.

   China: Supreme People’s Procurate.

   Japan: National Police Safety Commission (administrative) and the
    National Police Agency (manages police duties).

   Saudi Arabia: Centralized and controlled by the minister of the
    interior.
                      Corrections
   England: Home Secretary.

   France: Ministry of Justice.

   Germany: The Laender or state government administer
    corrections not contrary to the Basic Law.

   China: Supreme People’s Procurate.

   Japan: Ministry of Justice and the Prison Bureau.

   Saudi Arabia: Scrutiny by government-appointed religious
    leaders.
     Question

How have the concepts of
content, context, and time
     affected these
      six nations?

				
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