Week 1 Lecture Notes
Week 1 Lecture Notes CRIM 405-002
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This 3 page Class Notes was uploaded by Cailyn Notetaker on Thursday September 3, 2015. The Class Notes belongs to CRIM 405-002 at George Mason University taught by Andrew Novak in Fall 2015. Since its upload, it has received 34 views. For similar materials see Law and Justice Around the World in Criminology and Criminal Justice at George Mason University.
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Date Created: 09/03/15
CRIM 405 Week One 08312015 Introduction to Comparative Constitutions Constitution Primary documents detailing government powers and rights Judicial Review Judges can nd laws unconstitutional Principles of Comparing Constitutions Drafting constitutions by sharing Certain ground rules Continually improving Constitutions overpower contrary statutory law or regulations US Constitution very vague and leaves a lot of room for interpretation 0 Only protects you from the government and not other people besides slavery 13th amendment 0 AngloAmerica style 0 0 Civil and political rights over economic and social rights Negative rights over positive rights 0 Amendments 4 8 and 14 O O O O 4 protects agains unreasonable searches and seizures probably cause 5 due process of law grand jury double jeopardy etc 6Witnesses can t make anonymous accusations speedy and public trial impartial jury assistance of counsel 7 right of trial by jury 8 no cruel and unusual punishments reasonable bail no excessive nes 14 all people born in the US or naturalize are citizens applies the bill of rights to the states no state can deprive life liberty or property without due process Compared to European Convention of Human Rights Enforced in 1953 Applied to all colonies of European countries Template for drafting independence constituions in the Carribean Africa and Asia Countries need judicial review to eliminate laws that violate this convenUon Creates the European Court of Human Rights 0 Takes complaints from neighbor countries 0 Can impose sanctions or awards for violations 0 Controversial when it loses Article 2 Right to Life 0 Death Penalty is not prohibited Article 3 Torture o No torture or inhuman or degrading treatment or punishment Article 5 Right to Liberty and Security 0 Right to liberty unless after arrest or unauthorized entry into the country Article 6 Right to a Fair trial 0 Innocent until guilty 0 Minimal rights Informed promptly Have time before his defense Legal assistance provided if can t afford it Witnesses Assistance of an interpreter Article 7 No Punishment without Law 0 Prohibits ex post facto laws except when prohibiting general principles of law mostly regarding genocide Ex genocide wasn t illegal under German law during the Holocaust but it doesn t count as an ex post facto law 0 Article 15 Derogation in time of emergency 0 High Contracting Party can take measures to suspend parts of this constitution in times or war or emergencies that threaten the life of the nation Compared to South African Constitution 0 Effective 1996 Replaced apartheid constitutions Many social and economic rights 0 Many positive rights 0 Article 9 Equality O O 0 Everyone is equal before the law State can t discriminate by nearly any means Protects or advances people who were previously disadvantaged by unfair discrimination 0 Article 11 Right to life 0 121 o o o 122 o o o 0 352 o 0 right to freedom and security of the person not to be detained without trial prohibits both public or private forms of violence right to bodily and psychological integrity decisions about reproduction control over mind and body prohibits medical or scienti c experiments without consent Criminal Rights right to a lawyer conditions of detention consistent with human dignity at state expense communication and visits while detained
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