Comparative Criminal Justice Systems: Global and Local Perspectives

by Shahid M. Shahidullah

Overview

Written for students of criminal justice, Comparative Criminal Justice Systems: Global and Local Perspectives examines the nature of crime and justice in varying countries and cultures in North America, Europe, Asia, Africa, and Latin America. Using a topical approach, it compares different systems of crime and justice in terms of their differences from, and similarities to, the laws and institutions of modern criminal justice, focusing on the Unit ed States as a standard of comparison. By examining different criminal justice systems in terms of their local peculiarities and understanding their change and continuity, readers will gain a well-rounded international perspective of the world's varying systems of criminal justice. Preview content today! Find the preface and chapter two under the Samples tab below. Explores the rise of modern criminology and the criminal justice system in the nineteenth century, focusing on the Unit ed States as a standard of comparison. Employs a topical approach to examine the criminal justice systems in varying countries in Europe, Asia, Africa, and Latin America, including comparative views on law enforcement, judicial systems, sentencing, criminal law, and due process of law. Examines the nature of Islamic Criminal Justice and its practice in Saudi Arabia, Iran, and Pakistan. Explores the possibilities of conflicts and convergences between modern and Islamic systems of criminal justice. Discusses new global crimes and their impact on modern and traditional criminal justice systems, including human smuggling, global sex trade, global illegal drug trade, illegal trafficking of conventional military weapons, money laundering, cybercrime, and global terrorism. Discussion questions ensure that student's grasp the core theoretical concepts. Instructor resources include a Test Bank and PowerPoint Lecture Outlines. © 2014 | 554 pages

Product Details

ISBN-13:	9781449604257
Publisher:	Jones & Bartlett Learning
Publication date:	10/03/2012
Edition description:	1
Pages:	554
Product dimensions:	8.80(w) x 7.00(h) x 1.40(d)

About the Author

Shahid M. Shahidullah, Ph.D. is a Professor in the Criminal Justice Program of the Department of Criminal Justice, Sociology, and Social Work,' Elizabeth City State University, North Carolina, USA. Before joining Elizabeth City State University- one of the sixteen campuses of the University of North Carolina System- Dr. Shahid taught at St. John’s University in New York, Virginia State University, and Christopher Newport University in Virginia.'' He received his M.P.I.A. (Master in Public and International Affairs) and M.A. and Ph.D. in Sociology from the University of Pittsburgh. His major research interests include Crime Policy in America, Comparative Criminal Justice, Transnational Organized Crime, Global Terrorism, and Criminal Justice System in South Asia.Westview Press published Dr. Shahid’s first book “Capacity Building in Science and Technology in the Third World” in 1991. His book on “Globalization and the Evolving World Society” (with P.K. Nandi) was published in 1998 by E. J. Brill of the Netherlands. American University Press published his book on “Crime Policy in America: Laws Institutions, and Programs” in 2008. He has also authored and coauthored numerous articles and they were published in such journals as Global Crime, Criminal Law Bulletin, Violence and Aggression, Future Research Quarterly, Knowledge-Creation, Diffusion, and Utilization, International Journal of Sociology and Social Policy, International Journal of Knowledge Transfer, Journal of Developing Societies, and Virginia Social Science Journal. Dr. Shahid has worked as a member of the Editorial Board of Victims and Offenders: International Journal of Evidence-Based Theory and Practice, and the Journal of Developing Societies published by E. J. Brill of the Netherlands. He was the President of Virginia Social Science Association in 2008-2009. Dr. Shahid lives in Chesapeake, Virginia with his wife Sufia B. Shahid, MD, and daughter, Ashley Shahid.

Table of Contents

Foreword ix

Preface xi

About the Author xvii

Acknowledgments xix

I Comparative Criminal Justice: Theory, Methods, and Benchmarks of Comparison 1

1 Comparative Criminal Justice: Nature, Scope, and Research Traditions 3

Introduction 4

Comparative Criminal Justice: Compare What? 10

Comparative Criminal Justice: Compare How? 21

Comparative Criminal Justice: Compare Why? 30

Significance of Comparative Criminal Justice 38

Summary 45

Discussion Questions 45

References 46

2 Comparative Criminal Justice: Theoretical Perspectives 55

Introduction 55

Modernization Theory and Comparative Criminal Justice 56

Civilization Theories and Comparative Criminal Justice 63

World-Systems Theory and Comparative Criminal Justice 69

Globalization Theory and Comparative Criminal Justice 72

Summary 79

Discussion Questions 81

References 82

3 Comparative Criminal Justice: Methodological Perspectives 87

Introduction 88

Methodology in Comparative Criminal Justice: Significance and Challenges 88

National Surveys on Crime Statistics 93

International Crime Surveys 113

Comparative Criminal Justice: Innovative Methodological Strategies 119

Summary 121

Discussion Questions 122

References 123

4 Profile of Modern Criminal Justice: The Benchmarks of Comparison 127

Introduction 128

Profile of Criminal Justice in Premodern Societies 130

The Rise of the Modern State and the Birth of Modern Criminal Justice 135

The Profile of Modern Criminal Justice 142

Summary 168

Discussion Questions 170

References 171

II Competing Models of Criminal Justice: Profiles of Criminal Justice Among the World's Societies 177

5 Modern Systems of Criminal Justice in the West: North America and the Countries of the European Union 179

Introduction 179

Modern Criminal Justice and the Due Process of Law in Canada 183

Policing and Modern Criminal Justice: The United States, the United Kingdom, and Germany 186

New Criminal Laws in Modern Criminal Justice Systems: The Criminalization of Child Sexual Abuse 205

Summary 213

Discussion Questions 217

References 218

6 Emerging Trends in Law and Sentencing: The United States, the United Kingdom, Canada, and Australia 221

Introduction 221

New Penology and New Sentencing Laws and Trends in the United States 224

New Penology and New Sentencing Laws and Trends in Canada 234

New Penology and New Sentencing Laws and Trends in the United Kingdom 238

New Penology and New Sentencing Laws and Trends in Australia 245

Summary 251

Discussion Questions 252

References 253

7 Modernizing Systems of Criminal Justice in Asia, Africa, and Latin America: The First Wave of Modernization 257

Introduction 257

Colonial Legacies in Law and Justice: Asia, Africa, and Latin America 258

Rule of Law, Democracy, and Criminal Justice in Postcolonial Societies 267

Crime and Criminal Justice in the Failed and Fragile States 277

Summary 293

Discussion Questions 294

References 295

8 Modernizing Systems of Criminal Justice in Asia, Africa, and Latin America: The Second Wave of Modernization 299

Introduction 299

Modernization of Policing in Asia, Africa, and Latin America 301

Reforms and Modernization in Substantive Criminal Law in Asia, Africa, and Latin America 323

Reforms and Modernization in Procedural Criminal Law in Asia, Africa, and Latin America 340

Summary 350

Discussion Questions 352

References 353

9 The Traditional Systems of Criminal Justice: Islamic Jurisprudence and Shari'a Law 361

Introduction 361

Global Distribution of the Muslim Population 362

Shari a Law: The Legal Tradition of Islam 364

Substantive Criminal Law in Islamic Criminal Jurisprudence 370

Procedural Criminal Law in Islamic Criminal Jurisprudence 376

Islamic Jurisprudence in Practice: Criminal Justice in Two Historical Islamic Empires 380

Summary 388

Discussion Questions 390

References 390

10 Islamic Jurisprudence, Shari'a Law, and Criminal Justice in Saudi Arabia and Iran 393

Introduction 393

Islamic Jurisprudence, Shari'a Law, and Criminal Justice in Saudi Arabia 394

Islamic Jurisprudence, Shari'a Law, and Criminal Justice in Iran 414

Summary 433

Discussion Questions 436

References 437

11 Dual Systems of Criminal Justice: The Case of the People's Republic of China 441

Introduction 441

Criminal Justice in China: A Dual System of Tradition and Modernity 442

Crime and Criminal Justice in Imperial China 443

Criminal Justice in the First Republic of China, 1911-1949 458

Criminal Justice in China During the Communist Era: The Breakdown of Modernization, 1949-1978 462

Criminal Justice in Contemporary China: Rebirth of Modernization, 1979-2011 466

Summary 480

Discussion Questions 484

References 485

12 Dual Systems of Criminal Justice: The Case of the Islamic Republic of Pakistan 489

Introduction 489

The Status of the Rule of Law and Criminal Justice in Pakistan 491

The Nature of Islamic Criminal Justice in Pakistan: Birth of the Dual System 498

Islamic Criminal Justice in Pakistan: The Emerging Problems and Issues 501

Summary 517

Discussion Questions 518

References 520

Index 523