An Introduction to Comparative Legal Models of Criminal Justice

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Overview

While in Plato’s time there may have been some truth to his belief that there can only be "one single justice, and one single law," such is not the case today. Criminal justice systems vary widely across the world in their approaches to the problem of crime. Bringing together the collective wisdom of Cliff Roberson and Dilip K. Das, two world-renowned experts and university professors who have been involved in the criminal justice system for over thirty years, An Introduction to Comparative Legal Models of Criminal Justice presents the theme that a country’s legal model to a great extent determines the character of its police and corrections as well as its legal system. This book examines these different systems and is a useful reference guide for all criminal justice professionals.

Examines Various Approaches

The book begins with a brief overview of the five legal models. The continental (civil) system, characterized by an inquisitorial nature and practiced in most European countries, is discussed, followed by the common law model, which is known for its adversarial quality and is used in most English-speaking countries. The religion-based Islamic system and the rehabilitation-oriented Marxist system are also profiled. Those systems that are still emerging or are hybrid in nature are characterized as mixed. In some cases, the secretive nature of certain countries’ methods, especially those using extreme punishments, necessitated reliance on reports published by the U.S. State Department.

By examining how other societies deal with problems of justice, criminal justice professionals will gain insight as to which police and corrections methods are likely to be the most successful in their jurisdictions, and which will create more problems than they solve.

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Product Details

  • ISBN-13: 9781420065923
  • Publisher: CRC Press
  • Publication date: 6/11/2008
  • Edition description: New Edition
  • Pages: 352
  • Product dimensions: 5.90 (w) x 9.30 (h) x 1.00 (d)

Meet the Author

In 2009, a research study conducted by a group of professors from Sam Houston State University determined that Cliff Roberson was the leading criminal justice author in the United States based upon on his publications and their relevance to the profession.
Southwest Journal of Criminal Justice, Vol.6, issue 1, 2009

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Table of Contents

An Introduction to the Study of Comparative

Legal Models

Key Terms

Introduction

Words of Art

Legal Models

Jurisprudence

Natural Law

Positive Law Approach

Historical Approach

Law as an Instrument of Control

Function of a Court System

Brief Examination of the Legal Models

Roman Law

Revival of Roman Law

Commercial Law

Civil Law Model

Common Law Model

Islamic Model

Socialist Model

Mixed-Legal Model

Law Enforcement Systems

Punishments

Comparative Violence

Summary

Questions in Review

Common Law Model: The Courts

Key Terms

Introduction

Henry II

The Magna Carta

Sir Edward Coke

Sir William Blackstone

Common Law in the United States

U.S. Court Systems Today

Federal System

U.S. Court of Appeals

U.S. District Courts

U.S. Magistrates

Participants in a Criminal Case

Trial Judge

Defendant

Prosecuting Attorney

Law in Action: The Case of Wen Ho Lee

State Attorney General

Defense Counsel

The Right to Represent Oneself

Privileged Communication

Clerk of the Court

Bailiff

Court Reporter

Court Commissioners

English Court System Today

Court of Queen’s or King’s Bench

Supreme Court of Judicature

Magistrates’ Court

Crown Court

Royal Courts of Justice

Comparisons between the United States and the United

Kingdom

Practice of Law

Canadian Legal System

Court Structure

Provincial and Territorial Superior Courts

Provincial and Territorial Courts

The Judiciary

Right to Fair Trial versus Freedom of the Press

Scottish Legal System

Australian Legal System

Legal System

Classification of Crimes

Summary

Questions in Review

Policing and Corrections under the Common

Law Model

Key Terms

Policing in Common Law Countries

Deviance Control or Civil Order Control

Policing Models

Local Policing in the United States and England

Local Policing in the United States

Mission of Local Police Departments

Local Policing in England and Wales

Hiring Requirements for U.S. and English Police Officers

Salaries for English and U.S. Police Officers

Training of New Officers

Police Powers and Use of Discretion

Community Policing under the Common Law Model

Policing in Canada

Corrections in Common Law Countries

Sentencing

In the United States

In the United Kingdom and Wales

Sentencing in the United Kingdom

Confinement

Rates of Incarceration

Approaches to Confinement in the United States

English Purposes of Confinement

Prisons Ombudsman

Alternatives to Incarceration

Corporal Punishment

Fines

Probation

Probation in England

Probation in the United States

House Arrest

Death Penalty

Summary

Questions in Review

Civil Law Model: The Courts

Key Terms

Introduction

Early Tribal and Feudal Laws

Early Legislation

Influence of Roman Law

Canon Law

Commercial Law

Development of National Legal Systems 105

Napoleonic Code

German Legal Science

Codes in Civil and Common Law Models

Inquisitorial Prosecution

German Civil Law System

Rights of the Accused in a German Criminal Trial

Principle of Territoriality

Criminal Justice in France

Criminal Justice in Brazil

Summary

Questions in Review

Policing and Corrections under the Civil Law

Model

Key Terms

Introduction

Law Enforcement in France

Law Enforcement in Germany

Law Enforcement in Brazil

Corrections under the Civil Law Model

Pre-trial Diversion

Plea Bargaining

Confinement

Probation

Parole

Death Penalty

Fines

Summary

Questions in Review

The Islamic Law Model: The Courts

Key Terms

Introduction

Origins and Evolution

Sources

Fundamental Principles

Structure of Penal Law

Murder under Islamic Law

Evidence of Guilt

Confessions

Testimony of Eyewitnesses

Other Evidence

Doubt as to Guilt

Saudi Arabia

Criminal Cases

Pakistan

Iran

Summary

Questions in Review

Policing and Corrections under the Islamic Legal Model

Key Terms

Introduction

Saudi Policing

The Saudi Record on Human Rights

Torture and Other Cruel, Inhuman, or Degrading

Treatment or Punishment

Arbitrary Arrest, Detention, or Exile

Policing in Pakistan

Policing in Iran

Corrections

Amputation

Blood Money

Aid to Prisoners’ Families

Corrections in Iran

Corrections in Pakistan

Summary

Questions in Review

The Socialist Law Model: The Courts

Key Terms

Introduction

Legal System of Russia

People’s Republic of China

Crimes

Court System

Confessions

Law of Search and Seizure

Rights of an Accused

Court Procedures

Legal System of Cuba

Court Structure

Trial Procedure

Extradition from Cuba

Summary

Questions in Review

Policing and Corrections under the Socialist Law Model

Key Terms

Introduction

Public Trust and Community Policing

Policing in Russia

Policing in the People’s Republic of China

Use of Force by Police in China

Police Detention

Public Crime Statistics

Policing in Cuba

Corrections in Russia

Imprisonment in Russia

Corrections in China

Chinese Prisons

Early Release of Prisoners

Prison Conditions

Corrections in Cuba

Range of Punishments

Confinement in Cuba

Summary

Questions in Review

Mixed Law Models

Key Terms

Introduction

Bulgarian System of Law

Bulgarian Court System

Bulgarian Prosecutors

Crime Classification

Trial Procedure

Bulgarian Police System

Corrections in Bulgaria

Confinement in Bulgaria

Indian System of Law

Indian Legal History

Crime Classifications in India

Indian Court System

Policing in India

Criminal Process in India

Prosecutors

Corrections in India

Confinement in India

Sri Lankan System of Law

Criminal Justice System

Crime Classification

Sri Lanka’s Court System

Policing in Sri Lanka

Trial Procedures

Sentencing Process

Confinement in Sri Lanka

Summary

Questions in Review

International Courts

Key Terms

Introduction

International Criminal Court

The United States and the ICC

Establishment of the Court

President of the ICC

Judicial Divisions

Prosecutor

Registry

Other Offices

Jurisdiction and Admissibility

Procedure

Duties of States That Are Parties

Selected Court Cases

Trial Procedure of the ICC

International Court of Justice

Permanent Court of International Justice (PCIJ)

Establishment of the International Court of Justice (ICJ)

Resolution of Cases

Practice Directions

Jurisdiction of the ICJ

Contentious Cases

Advisory Proceedings

Court of Justice of the European Communities

Proceedings before the Court

Court of First Instance

Examples of Cases Brought before the Court of First Instance

Civil Service Tribune

Summary

Questions in Review

International Criminal Justice Agencies and

Associations

Key Terms

Introduction

Interpol

Structure

Core Functions

Trafficking in Human Beings

Corruption

Child Sexual Exploitation

Public Safety and Terrorism

Drugs

Criminal Organizations

Financial and High-tech Crimes

Fugitive Investigative Services

Interpol’s Other Areas of Crime

National Central Reference Points Network

International Cyber-crime Conference

Europol

The Europol Computer System (TECS)

International Association of Chiefs of Police

International Police Association

United Nations Crime Prevention and Criminal Justice

Network

U.N. Commission on Crime Prevention and Criminal Justice

International Centre for Criminal Law Reform and

Criminal Justice Policy

Criminal Justice Reform Unit

Office for Drug Control and Crime Prevention

Institutes of the U.N. Crime Prevention and Criminal

Justice Programme Network

Commission on Narcotic Drugs

U.N. Terrorism Prevention Branch

International Narcotics Control Board

Transnational Organized Crime

Trafficking in Humans

United Nations Protocol to Prevent, Suppress and Punish

Trafficking in Persons, Especially Women and Children

Trafficking in Firearms

International Police Executive Symposium

International Policy Institute for Counter-Terrorism

Organization of American States

Child Wise

Summary

Questions in Review

APPENDIX A: ICC Arrest Warrant for Thomas Lubanga Dyilo

APPENDIX B: First Appearance before the International Criminal Court in Case of Prosecutor v. Thomas Lubanga Dyilo

APPENDIX C: Excerpts from the United Nations

Global Counter-Terrorism Strategy Resolution Sixtieth Session: Resolution Adopted by the General Assembly

References

Index

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