Title: Comparative Criminal Justice Systems
1Comparative Criminal Justice Systems
- Dr. Mamdooh Abdelhameed (Ph.D., J.D)
- Professor of Police Science Law
2Chapter 1
An International Perspective
3An International Perspective
- Why Study the Legal System of Other Countries?
- Provincial Benefits of an
International Perspective . - Universal Benefits of an International
Perspective . - The Influence Of The Countrys Statue In
Criminal Justice System. - Historical Approach
- Political Approach
- Economy Approach .
- Social Approach .
- Geographic Approach.
- Demographics Approach ?
- Transportation Approach.
- Communications Approach.
-
- Comparison through Classification and descriptive
. - The Need for Classification .
- Classification Strategies .
- Descriptive strategies.
4Why Study the Legal System of Other Countries?
- . The study of criminal justice in other
countries has specific benefits for our own
justice system as well as for international
relations - - 1 ) Provincial Benefits of an International
Perspective - 2 ) Universal Benefits of an International
Perspective
51 ) Provincial Benefits of an International
Perspective
- Because an International Perspective is still new
in American Criminal Justice Curricula. - A comparative view allows us to understand
better the dimension of our own system. - An International Perspective can furnish ideas to
improve our system , a technique used in one
country to combat crime might be successfully
adapted for use in another country. - It is important to neighbor and multinational
cooperation.
62 ) Universal Benefits of an International
Perspective
- A global communications it is a small world .
- In addition, an international perspective can
suggest ideas to improve our system. -
- The presence and persistence of cross-national
crimes including terrorism, hijacking, drug
smuggling, and organized crime networks demand a
cooperative international effort. - Such an effort is aided when citizens of
different countries are familiar with, and try to
understand and respect, the institutions and
procedures of other countries.
7Approaches to an International Perspective
- There are at least three ways to study different
criminal justice system - - 1) Historical Approach.
- 2) Political Approach.
- 3) Descriptive Approach.
81) Historical Approach.
- What mistakes and successes have already occurred
? - What do earlier experiences tell us about the
present? - How can knowledge of past prepare us for the
future?
92) Political Approach.
- How does politics affect a nations justice
system? - How does politics affect interaction among
nations? - How is a countrys legal tradition affected by
politics?
103) Descriptive Approach.
- How is countrys justice system supposed to
operate? - What are the main components of a justice system?
- Who are the main actors in a justice system?
11The Influence Of The Countrys Statue In Criminal
Justice System
Social Statue
Economy Statue ?
Demographics Statue ?
Geographic Statue ?
Transportation Statue
Communications Statue
12Demographics Statue
- 1) the Ethnic Groups .
- 2 ) Population
- Population growth rate.
- Life expectancy at birth.
- Nationality.
- 3 ) languages
- How many ..
13Geographic Statue
- Location
- Weather or Climate
- Terrain
- Natural resources
14Economy Statue
- Labor force
- Labor force - by occupation
- Industries
- Industrial production growth rate
- Currency
- Exchange rates
- Fiscal year
15Political Statue
- Government type
- Capital
- Administrative divisions
- Legal system
- Suffrage
- Legislative branch
- Judicial branch
16Communications Statue
- Telephones - main lines in use
- Telephones - mobile cellular
- Internet country code
- Internet Service Providers (ISPs)
- Internet users
17Transportation Statue
- Railways
- Highways
- Waterways
- Ports and harbors
- Airports
- Heliports
18Social statue
- Customs and traditions.
- Religion.
- Literacy rate.
- Poverty line.
19Elements Of This Influence
- 1 - Hiring
- 2 - Working at some departments.
- 3 - Prevent some people from working at
criminal justice fields. - 4 - Lower level jobs
- 5 - More interest in political crimes than
social crimes. - 6 - Philosophy of police work .
- 7 - Police organization system ( Centralized or
decentralized ). - 8 - Various criminal justice departments .
20Chapter 2
Crime, Transnational Crime, and Justice
21Crime, Transnational Crime, and Justice
- How do domestic crime and transnational crime
differ? - What do comparative criminologists study?
- What do comparative criminal justice scholars
study? - What are the main problems when comparing crime
data from two or more countries? - What are some examples of transnational crime?
22How do domestic crime and transnational crime
differ?
- The domestic crime and transnational crime ,count
assuming they were reported and recorded . - Domestic crime and transnational crime provide
the subject matter for the field of study known
as comparative criminology.
23COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE
- Comparative studies in crime and justice cover
two areas - - First is the area of comparative
criminology for which interest is in the study of
crime as a social phenomenon (the focus is more
on the crime) and as social behavior (the focus
is more on the offender). -
- Second is comparative criminal
justice with its interest in determining how
various countries attempt to maintain social
order and accomplish justice.
24- however, focuses on comparative criminology
because -
- 1) a complete understanding of a countys
criminal justice system must include an
appreciation of the countrys domestic crime and
criminals. -
- 2) the phenomenon of transnational crime propels
much of todays multinational cooperation, it
behooves comparative criminal justice to
understand transnational crime and criminals.
25FRIST COMPARATIVE CRIMINOLOGY LOOKS AT CRIME AS
A SOCIAL PHENONMENON
- When comparative criminologists study crime as a
social phenomenon, they try to identify
commonalities and differences in crime patterns
among divergent cultures. - Criminologists seeking to compare crime in two or
more countries encounter two primary problems - The first is to ensure that crime
data from different countries have been defined,
reported, and recorded in a similar manner. - The second is compiling crime data in
a manner that allows researchers to conveniently
compare many different countries.
26Comparing Similar Data
- 1) In the absence of a universally agreed upon
definitions of what constitutes a particular
crime. - there is always the chance that data on
a specific crime in two countries do not actually
compare similar acts.
27- 2 ) Statistics are Political Statements
-
- The open announcement of a countrys
crime statistics is often only after the
information has been rigorously checked for both
its validity and for the impression it creates.
- At times, countries have made crime data
available to the United Nations survey but have
not provided that information to their own
citizens.
28- 3 ) Problems in Defining, Reporting, and
Recording - Types of crime that seem comparable
are often not (e.g., comparisons of homicide are
confounded by how deaths from drunken driving are
recorded). - Many crimes are not reported to the
police. - Some events reported and recorded as
crimes may not actually be crimes, and some
crimes reported are never officially recorded. - Decisions to record crimes may be
affected by concerns about job evaluation
measures.
29- 4 ) Comparison Problems
- The structure and number of police
personnel varies among the countries. - Whereas some countries count crimes
when the police become aware of them, others
count crimes only when the police forward them
for prosecution.
30- 5 ) Varying Social Features Affect Crime Rates
- Countries where telephones are more
common tend to report a higher proportion of
crime. - Countries where household insurance
is more developed report a higher proportion of
crime. - Countries where police forces use
more advanced technology tend to find a higher
proportion of actual crime. - Countries with more available
medical facilities may have lower homicide rates
than countries with less accessible medical
facilities.
31- 6 ) In addition to the problems presented by
differences in legal definitions of crime,
cross-national comparison of crime rates is
hindered by the way crime is reported in
countries.
32- 7 ) The willingness of victims to report crime is
not the only factor affecting reporting rates. - Also important are factors such as accessibility
to police so a report can be made - e.g.,
- the number of police stations or telephones,
- the level of insurance coverage available
- the level of trust that the public has for its
police - the greater the difference in social, economic,
and political context between countries, it is to
make any comparison of their crime rates. For
example, different social norms.
33The result of all of this
- The result of all of this is that crime
statistics probably tell us as much about a
countrys justice organization as about its crime
rate.
34Using Data Sets to Facilitate Comparison
- Several organizations are making available some
key statistics on crime and justice in countries
around the world. - Especially important data sets today are those
provided by - Interpol,
- the Council of Europe,
- the United Nations Office on Drugs and Crime
(UNDOC), - and United Nations Interregional Crime and
Justice Research Institute (UNICRI). - the International Crime Victim Survey (ICVS),
sponsored by UNICRI.
35Crime and victimization data
- The crime and victimization data available to
comparative criminologists today provide a wealth
of information. - As long as the necessary methodological cautions
are understood and accounted for, scholars and
practitioners will be able to compare crime
occurrence, crime trends, victimizations, and
other topics of importance for a more complete
understanding of domestic crime. - As noted earlier, however, comparative
criminology is also interested in advancing
theoretical explanations of criminal behavior.
Crime and victimization data are also necessary
for that goal.
36SecondComparative Criminology Looks at Crime as
Social Behavior
- When looking at crime as social behavior,
criminologists develop and test theories about
crimes etiology that is, its causes, origins,
and distribution. - Traditionally, those theories have been used to
understand domestic crime in a particular
country. - When theories about crime are developed and
tested in or across two or more countries,
criminology is more accurately called comparative
criminology.
37- identify three general frameworks that are
commonly employed as comparative criminologists
attempt to explain the variation of crime rates
among nations - grand theories,
- structural theories,
- theories relying on demographic characteristics.
38- The crime and victim data sets are designed to
measure the occurrence and reporting of criminal
acts within a particular country. - Comparative criminologists then use that
information to identify similarities and
differences in crime types and occurrence (i.e.,
crime as a social phenomenon) or to extend our
understanding of criminal behavior (i.e., crime
as social behavior). - The twenty-first century brought a new,
non-domestic, type of crime to intrigue and
challenge criminologists. These transnational
crimes are not confined to national borders but
have impact across many nations.
39Summary
- Comparative criminology and comparative criminal
justice are separated fields of study with
overlapping interests. - This article focuses on comparative criminal
justice and therefore it is especially interested
in how the people and agencies in different
countries go about accomplishing justice. - All justice systems operate in the context of
those activities that a government has identified
as criminal and those persons who engage in that
behavior. - Criminology, more so than criminal justice,
studies those crimes and criminals. Because
criminology and criminal justice have some
subject matter in common, it is appropriate for
this comparative criminal justice article to par
some attention to issues related to comparative
criminology.
40- When comparative criminologists look at crime as
a social phenomenon, they are trying to identify
similarities and differences in crime patterns
across countries. - They must be very careful when doing this because
there are no universally agreed upon ways to
define, report, and record crime. - However, with the cautious use of data sets that
report crime and victimization rates from many
countries, comparative criminologists are able to
conduct research that can advance theoretical
explanations for criminal behavior. - Examples of the explanations offered when
comparative criminologists look at crime as
social behavior are those categorized as grand
theories.
41- Traditionally comparative criminologists have
studied domestic crime patterns and behavior.
The globalization of crime has brought an
increased interest in crime that crosses national
borders. - Comparative criminologists now find themselves
studying such transnational crimes as money
laundering, piracy, terrorism, and trafficking in
persons.
42Chapter 3
Perspective on Criminal Law
43Perspective on Criminal Law
- WHAT TO LOOK FOR
- How are substantive criminal law and procedural
criminal law different? - What are the general characteristics of the major
principles of substantive law? - How do the crime control model and the due
process model differ? - What impact has the war on terrorism had on
issues of safety and liberty?
44ESSENTIAL INGREDIENTS OF JUSTICE SYTEMS
- Two problems need resolving before any society
can implement an institutionalized pattern of
criminal justice. - 1) the laws must be delineated.
- 2) the manner of enforcement must be
specified. - The way a society revolves these problems
involves the essential ingredients of any legal
system.
45- An understanding of basic criminal law concepts
is important for appreciating any countrys legal
system. - The two essential ingredients to any justice
system are substantive law and procedural law.
46- The former concerns the definition of rules,
whereas the latter specifies their enforcement. - Substantive criminal law is made up of general
characteristics that allow identification of some
act as criminal and of major principles that
determine whether a particular behavior is
criminal. - Procedural criminal law is implemented through
wither a crime control model or a due process
mode
47The Criminal Law
The Substantive Law
The Procedural Law
48The Substantive Law
- The first condition, requirements to qualify as a
law, can be called the general characteristics of
law. - The second condition, determining whether a
particular behavior is criminal, comprises the
major principles of law.
49The Substantive Law
General Characteristics
Major Principles
- mens rea
- actus reus
- concurrence
- harm
- causation
- punishment
- legality
- Politically
- Specificity
- Uniformity
- Penal sanction
50the Procedural Law
- Just as we can analyze two aspects of the
definition of laws, we can also bifurcate the
manner in which the rules are implemented. - The rules can be activated to emphasize
repressing rule violation (crime control model)
or to contain the systems level of intrusion in
the citizens life (due process model). - As Packer (1968) presents those two models, they
are less bound to specific legal systems than are
the characteristics and principles of criminal
law. - Therefore, the comments that follow about
procedural law are applicable to a wider range of
legal systems than is the following analysis of
substantive law.
51the Procedural Law
Crime Control Model
Due Process Model
521) Crime Control Model
- 1 - Assumes freedom is so important that every
effort must be made to repress crime. - 2 - Seeks to make decisions that will identify
factual guilt. - 3 - Follows rules that emphasize the repression
of criminal activity. - 4 - Emphasizes efficiency of action (i.e., speed
and finality). - 5 - Requires a high rate of apprehension and
conviction by early exclusion of those not likely
to by guilty.
532) Due Process Model
- 1 - Assumes freedom is so important that every
effort must be made to ensure that government
intrusion follows legal procedure. - 2 - Seeks to make decisions that will identify
legal guilt. - 3 - Follows rules that emphasize containing the
governments level of intrusion into citizens
lives. - 4 - Emphasizes legitimacy of action.
- 5 - Insists on a formal, adjudicative,
adversarial fact-finding process, even though
such restraints may keep the process from
operating with maximal efficiency.
54- Each model seeks to guarantee social freedom.
One does so by emphasizing efficient processing
of wrongdoers, whereas the other emphasizes
effective restrictions on government invasion in
the citizens life. - The crime control model asks who is the greater
threat to our freedom, the criminal trying to
harm us or our property? - The due process model answers that government
agents such as police officers and prosecutors
are the threat. - Although each of these models seeks to ensure the
social freedom of citizens, they emphasize
different, and often conflicting, ways to achieve
that goal.
55Chapter 4
Legal Traditions