Comparative Criminal Justice Systems / Edition 3

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Overview

This revision of this best-selling book presents a comprehensive analysis of how various criminal justice systems throughout the world compare. New co-author Harry Dammer has extensively revised the text to reflect the latest trends and most up-to-date information on such hot topics as international crime control and corrections. By using a topical approach (examining various aspects of each system, such as policing, drugs, sentencing, and juvenile justice) rather than a country by-country approach, the book gives students a more realistic understanding of the similarities and differences of each system. The authors use six "model" countries (China, England, Germany, Japan, Saudi Arabia, and France) to provide specific examples and explore historical, political, economic, social, and cultural influences on each system.
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Product Details

  • ISBN-13: 9780534615420
  • Publisher: Cengage Learning
  • Publication date: 7/19/2005
  • Edition description: REV
  • Edition number: 3
  • Pages: 456
  • Product dimensions: 7.40 (w) x 9.10 (h) x 0.70 (d)

Meet the Author

Harry R. Dammer, Ph.D., is professor and chair of Criminal Justice/Sociology at the University of Scranton. In addition to COMPARATIVE CRIMINAL JUSTICE SYSTEMS, he is also the author of RELIGION IN CORRECTIONS and THE OFFENDER IN THE COMMUNITY with Todd R. Clear, as well as many articles, manuals, and professional reports on a variety of criminal justice topics. A graduate of the Rutgers School of Criminal Justice, Dr. Dammer is active in numerous professional organizations, including the American Society of Criminology, the American Correctional Association, and the Academy of Criminal Justice Sciences—where he served as chair of the International Section. He received two Fulbright Grants and has lectured at numerous professional conferences in Canada, South Korea, Hungary, Greece, Switzerland, Germany, England, Portugal, China, and Poland.

Jay S. Albanese, Ph.D., is a professor and criminologist in the Wilder School of Government & Public Affairs at Virginia Commonwealth University. From 2002-2006, he served as chief of the International Center at the National Institute of Justice, the research arm of the U.S. Department of Justice. Dr. Albanese has written and edited 14 books and 60 articles and book chapters. Recent books include COMPARATIVE CRIMINAL JUSTICE SYSTEMS, ORGANIZED CRIME IN OUR TIMES, CRIMINAL JUSTICE, and PROFESSIONAL ETHICS IN CRIMINAL JUSTICE: BEING ETHICAL WHEN NO ONE IS LOOKING. Recent edited books include TRANSNATIONAL CRIME and COMBATING PIRACY: INTELLECTUAL PROPERTY THEFT AND FRAUD. His honors include the 2011 Gerhard Mueller Award from the Academy of Criminal Justice Sciences International Section for outstanding contributions to comparative and international criminal justice, the Elske Smith Distinguished Lecturer Award from Virginia Commonwealth University, and the Scholar Award in Criminal Justice from the Virginia Social Science Association. Dr. Albanese has made keynote and invited presentations in 12 countries. A past president and fellow of the Academy of Criminal Justice Sciences, he has served as executive director of the International Association for the Study of Organized Crime and president of the White Collar Crime Research Consortium. He received his Ph.D. from Rutgers University School of Criminal Justice.

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Table of Contents

Preface xiii
Part I Setting the Stage 1
Chapter 1 Introduction 3
Defining Terms 5
Why Compare Systems of and Issues in Criminal Justice? 6
The Historical-Political Approach 9
Model Systems 10
Basic Values in the Criminal Justice System 11
Political Culture Versus Politicized Justice 11
The Plan of This Book 12
Summary 13
Discussion Questions 13
For Further Reading 13
Chapter 2 Measuring and Comparing Crime in and Across Nations 14
Why Measure Crime and Compare Crime Data? 15
The Historical Background of International Crime Data 16
The Different Kinds of Crime Data 17
Limitations of International Crime Data 25
How to Compare International Crime Data 29
International Crime Rates 30
The Exceptions: Countries with Low Crime Rates 37
How Does the United States Measure Up? 39
Summary 41
Discussion Questions and Exercises 41
For Further Reading 41
Chapter 3 Families of Law 42
Ancient and Lesser-Employed Legal Systems 44
Clarifying Terms 46
The Civil Law 47
The Common Law 51
The Socialist Law 54
The Islamic Law 60
Summary 62
Discussion Questions and Exercises 63
For Further Reading 63
Chapter 4 Six Model Nations 64
England 66
France 70
Germany 73
China 77
Japan 81
Saudi Arabia 85
Summary 88
Discussion Questions 89
For Further Reading 89
Part II Criminal Justice Processes 91
Chapter 5 Law Enforcement: Functions, Organization, and Community Involvement 93
Functions of Police 94
Policing in the Model Countries 96
Community Policing and Its Implementation in the Model Countries 112
International Police Cooperation 115
Summary 117
Discussion Questions and Exercises 117
For Further Reading 118
Chapter 6 Constitutional Review 119
Judicial Review: An American Contribution to the Science of Government 121
Other Possible Arrangements for Constitutional Review 121
Constitutional Review and the Criminal Process 122
Constitutional Review in the Model Countries 123
Beyond Constitutional Review: Supranational Courts of Human Rights 135
Summary 137
Discussion Questions and Activities 137
For Further Reading 138
Chapter 7 Criminal Procedure 139
The Adversarial System 140
Common Law Criminal Procedure 142
The Inquisitorial System 146
Civil Law Criminal Procedure 147
Socialist Criminal Procedure 151
Japan: The Hybrid Situation 157
Islamic Criminal Procedure 159
The Convergence of Systems 161
Summary 162
Discussion Questions 162
For Further Reading 162
Chapter 8 Legal Actors 164
The Legal Profession 165
Key Issues in the Legal Profession 168
Bureaucratic and Political Organization of Legal Actors 170
The Legal Profession in the Model Systems of Justice 172
Summary 186
Discussion Questions 187
For Further Reading 187
Chapter 9 Courts 188
The Concept of a Court 189
The Development of Courts in Western Nations 190
The Study of Courts 191
Courts in England 192
Courts in France 195
Courts in Germany 199
Courts in China 201
Courts in Japan 203
Courts in Saudi Arabia 207
Supranational Courts 209
Summary 212
Discussion Questions and Exercises 213
For Further Reading 213
Chapter 10 After Conviction: The Sentencing Process 214
The Purposes of Criminal Sanctions 215
Sentencing Practices 217
Corporal Punishment 219
Noncustodial Sanctions 222
Imprisonment 229
The Death Penalty 243
Public Opinion and Sentencing 245
Summary 247
Discussion Questions and Exercises 248
For Further Reading 248
Chapter 11 After Conviction: The Problem of Prison 249
The Evolution of Prison Systems 251
Penal Policy in the Model Nations 252
Prison Crowding 267
Rights of Prisoners 271
Summary 274
Discussion Questions 274
For Further Reading 275
Part III Modern Dilemmas in International Criminal Justice 277
Chapter 12 Terrorism 279
The Historical Background of Terrorism 280
Defining Terrorism 281
The Goals of Terrorism 281
The Prevalence of Terrorism 282
Terrorist Groups 283
Terrorism in the Model Nations 288
Responses to International Terrorism 294
The Future of Terrorism 298
Summary 298
Discussion Questions and Exercises 299
For Further Reading 299
Chapter 13 Transnational Organized Crime and Drug Trafficking 300
What Is Organized Crime? 301
The Scope of the Organized Crime Problem Worldwide 302
"Traditional" Criminal Syndicates 303
"New" Organized Crime Groups 308
The Organized Drug Trade 311
Responses to Organized Crime and Drug Trafficking 317
Summary 320
Discussion Questions 320
For Further Reading 320
Chapter 14 Contemporary Influences and Future Developments in Transnational Crime and Justice 321
Convergence 322
Cultural Persistence 323
Political and Policy-Making Processes 324
Looking to the Future 325
Summary 332
Discussion Questions 332
For Further Reading 332
Appendix A Basic Principles on the Role of Lawyers 333
Appendix B Standard Minimum Rules for the Treatment of Prisoners 337
Appendix C Demographic Summaries 339
Appendix D The World's Legal Systems 357
Glossary 361
Works Cited 373
Index 387
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