Week 4 Notes on the Six Model Countries
Week 4 Notes on the Six Model Countries CJE4174
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This 16 page Class Notes was uploaded by Jessica Compton on Friday February 6, 2015. The Class Notes belongs to CJE4174 at Florida International University taught by Doreen Ruggiero in Spring2015. Since its upload, it has received 91 views.
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Date Created: 02/06/15
Notes on readings and lecture Chapter 4 Six Model Countries Comparative Justice Systems England Looking at the history of England we see Americans know England as a place of old castles with kings and queens but it has provided a lot more than that including the Age of Exploration which led Europeans to discover other parts of the world and in the process was the development of the English language and English common law Also the Industrial Revolution in England led to many signi cant inventions including advances in textile manufacturing mining and steam power England is the historical backbone of the Common Law legal tradition But Scotland on the other hand continues to use Civil Law tradition mixed with CommonLaw practices Another interesting note is that as of March 2011 the national assembly of Wales has direct lawmaking powers and no longer must consult with England England is a unitary government in which the government39s power is centralized rather than being divided between states and central government as happens in systems of federalism such as in the United States and Germany pg69 Parliament is the supreme power in England due to the executive judicial and legislative branches that are contained within it It consists of three parts the monarch the House of Lords and the House of Commons Monarch A person who is the sole and absolute ruler of a country like a king or queen gt today it serves a ceremonial role rather than an executive function pg 69 explain the responsibilities of the members of both the House of Lords and the House of Commons The real leader of the nation is the prime minister who is the head of the political party who possesses a majority of seats in the House of Commons Historical development To start we look at 1066 to the end of the 17th century as power struggles were seen between the monarchs and their subjects and nobles and commoners After the Civil War and execution of Charles I England can39t undo the dictatorship of the Puritan leader Oliver Cromwell but there are still issues with power struggles between the king and the Parliament And nally ceased in 1689 when Parliament asked William of Orange amp his wife to take over the English throne in that they except the Bill of Rights which was a great constitutional development for the British The Bill of Rights look at rates that related to criminal procedure and freedom of expression Since the 18 century Parliament has been the supreme decisionmaking body in England The exporting of English law to the colonies since the rise of the British Empire led to what is called Legal pluralism The mixing of more than one system of law within a particular country or region of the country The unwritten constitution of the British includes charters like organic laws constitutional traditions and legal procedures Term Organic laws those that describe the machinery of government and govern the electoral process As the author says quotthe English government and English constitution consist of a plurality of structures laws and customs tied to certain basic values about representative government and individual rights Crime Crime in England is often reported and collected by Research and Statistics Department of the Home Office Two kinds of crime data in England and Wales 1 police data collected and compiled by local police agencies 2 British Crime Survey collected by national marketing rms systematic victim study similar to that and NCVS in the United States Recent data has showed 42 drop in overall report a crime from 2010 to 2012 Although their crime rates still may be high it is low compared to other industrialized countries especially the US One crime in particular that has increased in recent years in England is the international crime of terrorism and riots Criminal law Commonlaw legal traditions born in fth century in EnglandquotThe most important offenses such as murder are under the commonlaw but their penalties are set by statutequot Since 1967 crimes committed in England and Wales are either arrestable or unarrestable offenses Arrestable offenses those a person commits or attempts to commit and are punishable by a xed incarceration term Unarrestable all other offenses including drunk and disorderly conduct or traf c offenses The criminal iustice svstem see table 42 on page 73 for a summary of criminal justice system information for the model countries Criminal justice in England is strongly in uenced by the decisions made in parliament Comparisons with the United States Similarities include Governmental and culture traditions Language Both are major commonlaw countries in the world today Both encourage the local administration and funding Recent crime rates seem to be parallel in both countries Media obsession with crime stories France Clovis was the rst Germanic Concord to convert to Catholicism and as a result began the long secession of kings that would af liate with the church quotThe French Republic is divided into 22 administrative regions as well as over 11 regions outside to Metropolitan Francequot A leading agricultural producer in Western Europe and major producer of steel chemicals electronics and nuclear energy see table 41 A unitary state with centralized form of government in which all major decisions are made through a national bureaucracy in Paris Has a strong republican government in which a president leads the government but the main power remains in the hands of citizens as the vote Similar to England and the US France has twohouse legislatures consisting of the National Assembly and the Senate Has a Constitutional Council instead of Supreme Court as in the US Historical deve0pment 17th and 18th century France colonized great parts of North America and Southeast Asia 19th and early 20th century France made a large colonial empire that had portions of Africa South East Asia amp Caribbean and Paci c islands Prior to 1789 revolution Royal power was strong and centralizedbutts monarchy collapsed under pressure of internal revolutionary forces Declaration of the rights of man and of the citizen by the French Parliament in 1789 was a big moments in this period of time The declaration declared a right to resist oppression right of liberty and equality and the need for separation of powers to avoid a tyrannical government 1804 Napoleon declared himself emperor and France became an empire gt created Civil Code or Napoleonic code 19 century try to renew monarchy republican governments and another empire Crime Crime data is collected from the of ce of the Directory ofJustice Statistics They describe crimes reported to police Recent data reported by French national monitoring center on crime re ect signi cant increase in crime But newly developed surveys only show slight increase Crime has shown steady increase is simple drug use speci cally of marijuana Increase in immigration Arabs causing hate crimes and discrimination Terrorism and human traf cking also an issue Criminal law Basic principles come from 1789 Declaration of the Rights of Man and of the Citizen The most recent revised Penal Code was in 1994 and this code distinguishes crimes based on their seriousness from serious felonies to less serious felonies and misdemeanors to violations It is divided into ve books Book 1 gen provisions in the long including correctional responsibility and lengths of sentencing Book 2 describes crimes against persons against individuals and human rights Book 3 look for crimes and misdemeanors also called delits against property Book 4 focuses on crimes and misdemeanors against the nation government and public order Book 5 looks at other crimes and misdemeanors that are not associated with categories included in the other books The criminal iustice svstem The administrative court supervises the government and the two most in uential administrative courts are The Constitutional Council Court and The Council of State The Constitutional Council Court quotreviews legislation proposed by the legislature prime minister or president and determines whether it comports with the constitutionquot The Council ofState supreme administrative court helps the rulers make contact with citizens Supreme Court oprpeas The highest court that deals with civil and criminal law cases in France a Police are divided into two groups 1 The Police Nationale 2 Gendarmerie Comparisons with the United States Similarities Both developed after the revolution Take a republican style Roots from a written constitution Terrorism is a concern Increase in certain crimes Germany Has long history of being involved in con ict and invasions from within and from neighboring tribes because of its location near Northern Europe One of the richest nations in the world see table 41 for demographic information Country divided into 16 states called Lander Takes on civil law legal tradition Similar to United States it contains executive legislative and judicial branches but the presidency is a ceremonial post and the real executive power lies in the hands of the chancellor and his cabinet Historical development Most important changes in German law in modern times was the German Civil Code developed under Bismarck who was the chancellor at that time The code helped to consolidate and legitimate the state World War II was then led by the wish to eliminate the Jewish population in Europe which is when Hitler tried to restore Germany39s economic and military strength 1945 Germany split among three allies the United States Britain and the Soviet Union gt remained till 1990 Then the constitution came in which was called the Basic Law in 1949 which quotcontained 146 articles describing the composition and function of the various organs of government including the system of checks and balances the distribution of power between the federal government and the Lander administration of federal law government nances and government administration in emergency conditionsquot Crime Crime collected by the Criminal Federal Police Recently 2009 to 2010 the overall crime has decreased Major problem in Germany is drug offense because Germany is a source of chemicals for South American cocaine processors and a shipment point for consumers of Southwest Asia and heroin Latin American cocaine and European produced synthetic drugs 3 most important contemporary in uences on the criminal justice system in Germany include the problems of drugs and crime immigration and related ethnic violence issues Criminal law German law is a combo of statutes ordinances and administrative rules and customs Two kinds of statues 1 Bundesgesetz Federal statutes enacted by the Bundestag 2 Landesgesetz State laws enacted by state legislators Previous court decisions are not used as sources of law like in many Common Law countries rather they are guides by lower courts having an in uence on the legal norms Their code distinguishes between felonies and misdemeanors where felonies are punishable by imprisonment of at least one year and misdemeanors are punishable by ne or shorter minimum prison term The criminal iustice svstem Germany is a federalist country and generally allows individual Lander to handle their own affairs However the lander cannot just do whatever they please but rather their decisions are legally made within the provision stated in the federal Basic Law and the must abide by the major principles of the Prison Act Comparisons with the United States Similarities Has a federal republic system distributing power between the federal and state governments Crime rate has dropped since the mid199039s China As one of the oldest civilizations and the most populous nation in the world China has made efforts to modernize in areas of agriculture science and technology and national defense see table 41 for more demographic info China is a unitary multinational socialist country Primary ruling of governmental power includes the presidency the State Council and the National People39s Congress NPC most powerful gt however all levels of Chinese government are subordinate to the Chinese Communist Party In hopes for a more socialistmarket based economy China is trying to keep the Communist ideology while also adapting to a more modern economic practice and with this shift has come an overall increase in crime Historical deve0pment The last dynasty the Qing led from 1644 to the rst decade of the 20th century and in this time many written laws and statutes surfaced The concept of equal rights before law of all persons was absent so disrespect was common and there was not that much acceptance of the formal codes Then came the adoption of an informal social control system based on the Confucian thought which believed that social order can be achieved through moral and political reforms and that humans are by nature good or capable of goodness So this idea of group collectivism was the main force motivating people to avoid crime quotUnder the philosophies of Confucian and Taoist people were discouraged from using litigation to protect themselves or their rights and rather turned to meditation and compromise to settle disputesquot 1966 with Chairman Mao there was a shift away from total acceptance of unwritten codesand informal social control Cultural Revolution but this did not work and when he died government was able to get rid of the supporters for the cultural revolution There was a movement toward a more formal legal system with codi ed laws that were made in order to modernize economy and increased contact with the outside world Crime It39s hard to assess long term crime rates in China because in the rst 30 years of the Communist rule statistics were rarely available and unreliable Since 1970 the Chinese have regularly provided crime data into forms 1 The China Statistical Yearbook 2 The China Law Yearbook Since the ability to track crime rates we have seen that China has experienced at least three crime waves and in response to these increases the government initiated different campaigns with the most recent taking place in 2012 still not sure if it has reduced crime In addition to violent crime other major crime concerns including drug abuse and a growing variety of economic crimes have taken place A big concern is that quotmany of the most common crimes called public order crimes are not consistently reportedquot In the 215tcentury we39ll see how the China will deal with the economic and political turmoil as well as a social problems and the new idea of individualism brought on by globalization Criminal law 0 Criminal law in 1980 consisted of 192 articles divided into two sections 1 General provisions Basic principles of the application of criminal law 2 Special provisions included chapters addressing eight classes of offense The criminal iustice svstem China39s system has four components police procuratorate courts and corrections Ministry of Public Security is responsible for police while the correctional system is under supervision of the Ministry ofJustice Highest court is the Supreme People39s Court of China which oversees both tiers and deals with matters of national importance Comparisons with the United States Differences China is a unitary socialist government while the United States is categorized as a Federalist democratic government Similarities responded to crime through campaigns with similar goals of the quotget toughquot crime legislation like the US Japan The country is divided into 47 administrative divisions called prefectures and is one the most homogeneous countries in the world with over 99 of their people being na vejapanese The only nonwestern industrial giant in the world The Japanese legal tradition is based the European Civil Law but with the in uence of English American legal traditions It also has legislative executive and judicial branch Historical develobment Prior from the time of isolation from foreign in uence when the shoguns were the main rulers blocking out the country to outsiders The Chinese civilization represented the major external in uence on the Japanese Japanese structure today including the writing system Buddhist religion and general social values are adapted from the Chinese Since World War II industrial development has her place military is him as a cheap showing for us in new Japan and its constitution is called the show a constitution 1947 gt modeled after the US Constitution including a Bill of Rights similar to the US Crime Has very low crime rates compared to other industrial countries Crime stats are collected by individual criminal justice agencies and summarized by the Ministry ofJustice into the yearbook called White Paper on Crime Recently data that has been reported on crime shows a 69 drop with all categories of crime however organized crime is known to still be a crime problem in Japan 0 Factors that may contribute to the low crime rate include Traditionally valued harmony group loyalty and conformity as opposed to individualism and individual rights Low unemployment rates lack of urban ghettos a strong family structure and strict gun control laws Criminal law Chinese law had the most in uence on the Japanese system prior to the closing of Japan and 1603 The two social orders have much in common even though Chinese civilization is more ancient Since 18005 Japan developed legal codes that have been in uenced by French German Chinese and the US law 0 Japanese criminal code consists of three integrated codes 1 The Penal Code de nes crimes and punishments 2 The code of criminal procedure sets legal standards for prosecution and sentencing 3 Prison law regulates correctional matters 0 Crimes are also divided into three categories 1 Crimes against the state bribery imperial family crime 2 Crimes against individuals homicide assaults rape robbery 3 Crimes against society indecent behavior in public arson gambling The criminal justice system In Japan norm to dispute a settlement processes and says compromise meditation and consensus Two major courts Supreme Court highest level District Courts trial courts each of the jurisdiction and its own prefecture Japanese law and criminal justice is hybrid having borrowed from the Chinese the French German and the Americans Comparisons with the United States Similarities Prime Minister plays role much like the American president Utilizes many commonlaw ideas Concern about Verizon drug crimes and overall issues of public safety in light of terrorism Differences Unitary government versus the federalist approach used in the US Has a much lower crime rate than US Saudi Arabia Mostly uninhabited desert about 15 the size the United States and economy is based primarily on oil Takes on a welfare state approach in which the government plays a key role in the protection and promotion of the economic and social wellbeing of its citizens Culture is derived from Arab tribal traditions and from the Wahhabi form of lslamgt with strict limitations There are no organizations such as political parties that can contradict government and religious teachings No democracy amp no system of election and representation Historical develooment After World War II Saudi Arabia was a poor country populated largely by nomadic tribes So oil has been something that has helped along the way because it has become which nation because of it However Saudi Arabia struggles with quotthe corruption of wealth the importation of large numbers of foreign workers and the problems attendant upon industrial development which have all clashed with Islamic fundamentalismquot Crime 2issuesfaced 1 Crime is often underreported in statistics because the Shari39s promotes informal responses to criminal behavior 2 Problem of determining crime rates over the course of a year because the Arabic lunar calendar is based on the Islamic year which has only 354 days rather than the Gregorian standard of 364 We can still say that there is a very low crime rate in comparison to most countries 2 major issues of concern related to crime in Saudi Arabia are terrorism and human traf cking Criminal law Any legal decision must be made under the authority of Islamic law and all are subject to the approval of government appointed religious leaders Because Saudi Arabia does not have representative government rather is quotruled by royal decrees of the king and his advisors the religious hegemony and government is not likely to change without a major upheavalquot Pg94 The criminal iustice svstem Islamic law is the basis for all criminal justice functions in Saudi Arabia the Ministry ofjustice presides over the judicial system Supremejudicial Council is composed of 12 senior jurists and the king acts as the highest court of appeal and has the power to pardon Police are also centralized under the authority of the director of public safety who is supervised by the minister Comparisons with the United States Similarities Greatly affected by terrorism Differences One of the few countries in the world39s emphasizing the Sacred Law legal tradition no clear separation between religious in uence and governmental decision making Nonconstitutional monarchy Legal decisions made by judges and other criminal justice officials are closely scrutinized by the government appointed religious leaders of the country
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