Comparative Criminal Justice Systems: A Topical Approach

Abstract

TABLE OF CONTENTS CHAPTER 1: AN INTERNATIONAL PERSPECTIVE WHY STUDY THE LEGAL SYSTEM OF OTHER COUNTRIES? Provincial Benefits of an International Perspective Universal Benefits of an International Perspective Neighbor Cooperation Multinational Cooperation APPROACHES TO AN INTERNATIONAL PERSPECTIVE Historical Approach Political Approach Descriptive Approach STRATEGIES UNDER THE DESCRIPTIVE APPROACH The Functions/Procedures Strategy The Institutions/Actors Strategy COMPARISON THROUGH CLASSIFICATION The Need for Classification Classification Strategies The Role of Classification in This Book THE STRUCTURE OF THIS BOOK SUMMARY DISCUSSION QUESTIONS CHAPTER 2: CRIME, TRANSNATIONAL CRIME, AND JUSTICE COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE Comparative Criminology Looks at Crime as a Social Phenomenon Comparing Similar Data Comparing over time Using United Nations crime data Comparative Criminology Looks at Crime as Social Behavior Modernization Theories Civilization Theory World System Theory Opportunity Theories TRANSNATIONAL CRIME Transnational Crime Types Computer Crime Corruption and Bribery of Public Officials, Party Officials, and Elected Representatives Illicit Drug Trafficking Money Laundering Sea Piracy Theft of Art and Cultural Objects Trade in Human Body Parts Trafficking in Persons Terrorism Domestic and International Terrorism Terrorism Typologies Communist/Socialist Nationalist/Separatist Religious RESPONSE TO TRANSNATIONAL CRIME National Efforts: USA International Efforts Interpol Responds to Transnational Crime The United Nations Responds to Transnational Crime SUMMARY DISCUSSION QUESTIONS CHAPTER 3: AN AMERICAN PERSPECTIVE ON CRIMINAL LAW ESSENTIAL INGREDIENTS OF JUSTICE SYSTEMS Substantive Criminal Law General Characteristics of Criminal Law Major Principles of Criminal Law Procedural Criminal Law Constitutional Provisions for the Criminal Process Crime Control Model Due Process Model LIBERTY, SAFETY, AND FIGHTING TERRORISM The USA PATRIOT Act-Substantive Law Issues Section 206 Section 215 Section 213 Due Process and Terrorist Suspects-Procedural Law Issues Is America's Reaction That Different? SUMMARY DISCUSSION QUESTIONS CHAPTER 4: LEGAL TRADITIONS LEGAL SYSTEMS AND LEGAL TRADITIONS TODAY'S FOUR LEGAL TRADITIONS Common Legal Tradition Feudal Practices Custom Equity Civil Legal Tradition Roman Law Canon Law Codification Socialist Legal Tradition Russian Law Law as Artificial Marxism Leninism Socialist Legal Tradition after the USSR's Demise Islamic (Religious/Philosophical) Legal Tradition The Qur'an and Sunna Ijma and qiyas Schools of law COMPARISON OF THE LEGAL TRADITIONS Cultural Component Private and Public Law Balance/Separation of Powers Substantive Component Primary Source of Common Law Primary Source of Civil Law Primary Source of Socialist Law Primary Source of Islamic Law Procedural Component Flexibility in Common Law Flexibility in Civil Law Flexibility in Socialist Law Flexibility in Islamic Law SUMMARY DISCUSSION QUESTIONS CHAPTER 5: SUBSTANTIVE LAW AND PROCEDURAL LAW IN THE FOUR LEGAL TRADITIONS SUBSTANTIVE CRIMINAL LAW General Characteristics and Major Principles Substantive Law in the Common Legal Tradition Substantive Law in the Civil Legal Tradition Substantive Law in the Socialist Legal Tradition Substantive Law in Islamic Legal Tradition Hudud Crimes Qisas Crimes Tazir Crimes PROCEDURAL CRIMINAL LAW Adjudicatory Processes Inquisitorial Process Adversarial Process Contrasting Adversarial and Inquisitorial Processes Procedural Law in the Islamic Legal Tradition Judicial Review Diffuse Model for Judicial Review Concentrated Model for Judicial Review Mixed Model for Judicial Review Judicial Review in the Islamic and Socialist Traditions SUMMARY DISCUSSION QUESTIONS CHAPTER 6: AN INTERNATIONAL PERSPECTIVE ON POLICING CLASSIFICATION OF POLICE STRUCTURES Centralized Single Systems: Ghana Decentralized Single Systems: Japan Centralized Multiple Coordinated Systems: France Gendarmerie Nationale Police Nationale Decentralized Multiple Coordinated Systems: Germany Centralized Multiple Uncoordinated Systems: Spain Guardia Civil Cuerpo Nacional de Policia Policia Municipal Uncoordinated Policing Decentralized Multiple Uncoordinated Systems: Mexico Federal policing State policing Municipal policing Federal District policing Reform attempts POLICING ISSUES: POLICE MISCONDUCT POLICING ISSUES: GLOBAL COOPERATION International Criminal Police Organization (ICPO)-Interpol Europol Examples of Harmonization and Approximation in the European Union The Schengen Convention The European Arrest Warrant SUMMARY DISCUSSION QUESTIONS CHAPTER 7: AN INTERNATIONAL PERSPECTIVE ON COURTS PROFESSIONAL ACTORS IN THE JUDICIARY Variation in Legal Training Variation in Prosecution United States France England and Wales Variation in Defense THE ADJUDICATORS Presumption of Innocence Professional Judges An Independent Judiciary Becoming a Judge Lay Judges and Jurors Juries Lay Judges Examples along the Adjudication Continuum Saudi Arabia England Germany VARIATION IN COURT ORGANIZATION France Trial Level: Police Court Trial Level: Correctional Courts Trial Level: Assize Court Appellate Level: Courts of Appeal Appellate Level: Supreme Court of Appeal England and Wales Her Majesty's Court Service Trial Level: Magistrates' Court Trial Level: Crown Court Appellate Level: Court of Appeal Appellate Level: House of Lords Nigeria China Saudi Arabia SUMMARY DISCUSSION QUESTIONS CHAPTER 8: AN INTERNATIONAL PERSPECTIVE ON CORRECTIONS COMPARATIVE PENOLOGY Typologies for Comparative Penology PUNISHMENT Justifications for Punishment International Standards for Corrections International Agreements on Corrections FINANCIAL PENALTIES Fines Day Fines Examples from Sweden and Germany Compensation to Victims and Community Donation Penalties in Germany CORPORAL AND CAPITAL PUNISHMENT International Standards Corporal Punishment Capital Punishment Retention and Abolition Around the World Why the Variation in Acceptance? The Role of Public Opinion The Death Penalty in China NONCUSTODIAL SANCTIONS International Standards Community Corrections Probation Probation's History Around the World Probation Today CUSTODIAL SANCTIONS International Standards Prison Populations Prison Systems South Africa Brazil India Women in Prison The Small Numbers of Women Prisoners The Impact of Imprisoning Drug Offenders Needs and Problems of Women Prisoners Minorities in Prison Disparity Around the World SUMMARY DISCUSSION QUESTIONS CHAPTER 9: AN INTERNATIONAL PERSPECTIVE ON JUVENILE JUSTICE DELINQUENCY AS A WORLDWIDE PROBLEM Setting International Standards Determining Who Are Juveniles Determining the Process MODELS OF JUVENILE JUSTICE Welfare Model New Zealand's version of the welfare model Police response Family Group Conference Youth Court Legalistic Model Preliminary investigation Preliminary hearing Trial Corporatist Model Key agencies Diversion options Youth Court Participatory Model The importance of legal education Other informal efforts Formal procedures SUMMARY DISCUSSION QUESTIONS CHAPTER 10: JAPAN: EXAMPLES OF EFFECTIVENESS AND BORROWING WHY STUDY JAPAN? Japan's Effective Criminal Justice System Borrowing in a Cross Cultural Context JAPANESE CULTURAL PATTERNS Homogeneity Contextualism and Harmony Collectivism Hierarchies and Order CRIMINAL LAW Law by Bureaucratic Informalism POLICING Why Are the Japanese Police Effective? Deployment of Police Officers The Citizen as Partner Policing as Service JUDICIARY Pretrial Activities Police Role Prosecutor Role Defense Attorney Role Court Structure and Trial Options Court Structure Adjudication in Summary Courts Adjudication with Modified Public Trials Adjudication with Regular Trials Judgments CORRECTIONS Community Corrections Probation and Parole Prison Sentences COMING FULL CIRCLE WHAT MIGHT WORK SUMMARY DISCUSSION QUESTIONS

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