Comparative Criminal Justice Systems
A Topical Approach
5th Edition
Published on 19. April 2007
Book
Paperback/Softback
496 pages
978-0-13-239254-9 (ISBN)
Description
For courses in Comparative Criminal Justice Systems, Comparative Criminology, and Comparative Government.
Unique in its topical approach, this best-selling text examines systems of law, police, courts, and corrections by using more than 30 different countries to show the diversity in legal systems around the world. The book's organization allows instructors to cover the material in a familiar format (law, police, courts and corrections) and helps students understand the various ways policing, adjudication, and corrections systems can be organized and operated. This edition features more complete coverage of Islamic legal tradition, information on reform in Japan, more use of primary sources and updated material throughout.
Unique in its topical approach, this best-selling text examines systems of law, police, courts, and corrections by using more than 30 different countries to show the diversity in legal systems around the world. The book's organization allows instructors to cover the material in a familiar format (law, police, courts and corrections) and helps students understand the various ways policing, adjudication, and corrections systems can be organized and operated. This edition features more complete coverage of Islamic legal tradition, information on reform in Japan, more use of primary sources and updated material throughout.
More details
Edition
5th edition
Language
English
Place of publication
United States
Publishing group
Pearson Education (US)
Target group
Professional and scholarly
Dimensions
Height: 179 mm
Width: 234 mm
Thickness: 19 mm
Weight
644 gr
ISBN-13
978-0-13-239254-9 (9780132392549)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
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06/2012
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06/2004
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Content
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
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