International Criminal Justice
International Criminal Justice CJA 4930
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This 16 page Class Notes was uploaded by Candida Hayes on Wednesday September 23, 2015. The Class Notes belongs to CJA 4930 at Middle Tennessee State University taught by Robert Rogers in Fall. Since its upload, it has received 33 views. For similar materials see /class/212934/cja-4930-middle-tennessee-state-university in Criminal Justice at Middle Tennessee State University.
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Date Created: 09/23/15
International Criminal Justice Major Types of Criminal Law A Common law 1 Based on Stare Decisis a As was decided before so shall it be decided now 2 England US Wales Northern Ireland Republic of Ireland Australia all British colonies most English speaking countries 3 Oral tradition 3 Oral arguments B Civil Law 1 Written law statutes dictate law 2 Roman Empire created most civil law countries 3 Written tradition a Dossiers presented at court 4 Justinian Code a Ruled Eastern Roman Empire Constantinople b Justinian gathered laws from various regions and chose the best standardizing the laws in the empire c Theodora was awesome i Hot ii Plotted Hippodrome slaughter iii Started as a prostitute 5 Lost during Dark Ages 3 Found later on England A ConstitutionalMonarchy 1 Two houses a House of Commons i Elected positions b House of Lords i Appointed or hereditary A Hereditary are being weeded out B Home of Common Law C No capital punishment 1 European Union does not allow countries in that have capital punishment D Two types of lawyers 1 Solicitors 3 General practitioner b Cannot argue case in high court 2 Barristers a Try cases in court mnrn I h X No separation of powers Has Supreme Court Tithing group of ten families responsible for making sure members did not commit a crime 1 If it fails whole tithing is punished Robert Peel founded first metro police force 1 In London 2 Called Bobbies 51 of law enforcement budget is given by national gov 1 Under home secretary Work locked to hiring location 1 Local jurisdictions 2 Start at bottom and work up a Rank of constable 3 Always able to be fired by Home Secretary a Federal appointment b Head of English police service Court system 1 Lowest court a Magistrate Court i Handles 90 of cases b Most justices of the peace are not lawyers i Some called district judges are lawyers A Typically retired barristers solicitors or judges ii Most are laypersons A Have assistants who are trained c Often put before multiple judges 2 Higher court a Crown Court i Serious crimes 3 Appeals Court 4 Supreme Court a Newly created 2005 i Law Lords ii llGood ol boy appointment method Constitutional Reform Act 2005 A 12 man court 5 Court differences a No Grand Jury i Just Petty juries b No peremptory challenges c Guilt may be inferred by remaining silent 6 Created llNational Offender Management Service a Monitors offenders from first contact till parole 7 Private prisons have become common 8 9 Office of Prisons and Probation Omnisvan a Independent Monitoring Board Omnisvan are typically retired judges b Receives complaints i About probation officers prison treatment etc c Also serves as last appellate court for internal disciplinary system d Cannot hand judicial punishments e Embarrasses the shit out of you f Independent of prison system L No separate juvenile court system 1 Handled in magistrate s court 2 Performed on specific days France A Civil law B Population 63 million C Class society 1 2 D National Police Big deal of education Little upper mobility 1 Two forces a Under different ministries in case one tries to take over country b One urban i Municipalities with population of 10k or more ii Accountable to ministry of the Interior c One rural i Nationalgendarneriefrench A More educated professional A Accountable to ministry of defense Municipal police are basically meter maids a 2 Crimes investigated by national police b Report to mayor of respective municipalities E ConstitutionalCouncil 1 2 Body that rules on the constitutionality of laws Reviews laws signed by parliament for constitutionality a If ruled against remitted to the Premier for reworking b If ruled for passed to President for signing c Laws cannot be challenged once put into effect F Procurator prosecuting attorney 1 Can tell police how to conduct criminal investigation G Examining magistrate HKH 1 2 3 Judge Can take over investigation from procurator in serious crimes Possible to have multiple Examining Magistrates on a single case When you come in as a policeman you enter at entry level 1 2 3 Not college required Can enter at higher level with college degree Can reach assistant chief of police with law degree Labor Unions for police Rights of the Arrested Missed these notes Co u rt System 1 2 3 Mb H O H H H N H 4 H U39I Minorjurisdiction Major jurisdiction Court of Assize a Trial courts Court of Appeals Court of Cassation a Highest court Minor misdemeanors a Stuff b Has one judge Serious misdemeanors a Bounced check Inquisitorial system a Presumed guilty b Judge asks questions i Active role in case No writ of habeus corpus Not all trials are open to public No plea bargaining Stare decisis not used Legal education takes 4 years a License in Law b Master in Law granted after 4 h year c Judge requires License and then acceptance into national school for the Judiciary i Provided scholarly and apprenticeship programs ii 3 years to be proculary or judge Limitation on voir dire challenges a No distinction between peremptory or for cause b 8 of 12 for conviction c No capital punishment Professional Judges and lay jurors decide cases a Also decide punishment 16 Criminal and civil trials are held simultaneously a Can have them tried separately or together b Victim can hire a lawyer to also support conviction c Victim cannot testify if they are combined 0 Judge alone decides punishment in civil case M Higher opinion of law professors than ofjudges 1 Pinnacle of career 2 Education is more theoretical a School ofJudiciary is more practical study N Chamber of Instruction 1 Panel of three judges who decide if a case goes up for indictment a Only look at dossier b If case is weak a judge can conduct his own investigation i Can hand to procurator and have them reinvestigate too ii If case is still weak can drop charges iii Can lower the charges to suit the results of the investigation 0 Post Sentencing judges can revoke parole 1 Trial judges cannot P Juvenile courts 1 Most cases handed informally in judges office 2 Can be waved to adult courts a Typically only serious crimes 3 Focus is on rehabilitation a Considered needing help not being delinquents IV Saudi Arabia A Sharia Law 1 Eye for an Eye concept still strong 2 Five pillars of Islam a No God but Allah b Alms giving i Charity c Prayer i 5 times a day facing Mecca A Dawn noon something something sunset ii Men and women do not pray together d Hajj i Pilgrimage A To Mecca if capable e Ramadan i Fasting month A No eating during daylight 3 Primary sources a b Koran Sunnah i Teachingspractices of Mohammad 4 3 major types of Law a n Hudud i Offenses against God ii Decreed by Allah iii Nonnegotiable iv Nonpardonable v Something else A Apostasy 1 Renunciation of Islam 2 Death by beheading for males a Several day grace period to reconsider 3 Women locked up till they repent A Fornication or adultery 1 Stoning to death for married 2 100 lashes for unmarried A Defamation 1 Accusing someone of fornication 2 80 lashes a Good ol fashioned asswhipping 3 Theft a Losin a hand 4 Drinking alcohol a 80 lashes 5 Alcoholics and Drug addicts are denied place in heaven bitches Qesas i Private wrongs against individuals ii Murder iii Options A Can have state do punishment Can do it yourself Family can do it PP Can accept money 1 Must negotiate A Can pardon offender Ta azir i Something ii Stealing from relatives iii Attempted adultery U I39I39I n iv Ussary A Charging interest v Eating pork vi Bribery S False testimony viii Fortunetelling etc A Witchy type shit ix Swearing x Wife refusing to obey E Dressing provocatively Qadi 1 Religious clerics serve as judges 2 If the accused is punished and later found innocent Qadi received the meted out punishment Muta ween 1 Religious police 2 Control and regulate public conduct 3 They can punish or do these a Dressinginappropriately b Sitting in cars together when unrelated c Shop being open during prayers d Women jogging or riding bicycles e Raid houses for drugsalcohol f Demeanor g Wearing cross or star of David h Jiggling Supreme council appoints judges 1 Council appointed by king 2 Must graduate from Sharia college inside of kingdom 3 Have to be Saudi 4 Good character of conduct 5 New judges have probationary two years a All judgments are reviewed during this time 6 Fare fewer judges than needed Three courts 1 First degree criminal court 2 Criminal Court of Appeal 3 High Court 4 Stare decises does not exist a Judges rely on own discretion Bureau of Investigation and Public Prosecution 1 Can supervise investigations Britain 962012 83700 PM In Britain they have two kinds of lawyers o Solicitors 0 Work horses Basic law Probate divorce wills Desk lawyers Will prepare the case Cannot be in the same firm as a barrister a contract must be worked out between every case o Barristers Argues the case in court Often meets client in the hallway at court Get Law degree Must be a member of a certain inn and then you are offered courses in certain topics Need to have a mentor Must pay dues Mainly White Male If a junior barrister wants to be appointed as Queen s counsel he must take silk Queen s Counsel n argue in appellate court a Almost all judges are Queen s counsel Taken silk a They wear silk robes instead of cotton robes 0 Have a rule that if a solicitor comes up to a barrister o Both have to serve apprenticeships In Britain their lowest courts are called magistrate s court Roughly 90 percent of courts are held in the magistrate s courts o Who are the judges in these magistrate s court 0 District judges Have law degrees Either solicitors or barristers for 7 years Only roughly 200 district judges throughout Britain 0 Lei judges Rich and run their towns O O O O O O O O O O Justices of the Peace No legal training Appointed by the commission Have only weekend training Panel ofjudges If you are accused of an indictable offense then you have a right to a trial jury In voir dire jury selection have preentry challenges Only have challenges for cause In Britain under when under arrest they only have to tell you what your rights are once you arrive at the police station Highest court in Britain o Britain Supreme Court 0 Use to be House of Lords Corrections in Britain 1600 s 0 if you went to jail and acquitted you were only discharged if you paid a discharge fee 0 While in jail they had to pay for food clothing blankets and candles 0 There was no separation between men women and juveniles 0 Common for people to Buy pardons from monarchs o Disperse bad apples among multiple prisons o John Howard 0 Land of Gentry o Ceremonial job took seriously and thought jails were horrendous 0 Did survey of all jails and prisons in Britain and made suggestions with the Quakers o Quakers in US implemented the idea of penitentiaries o Contracted typhus and died 0 Now a John Howard society for reforming prisons o Hanging culture 0 All roads leading into the cities were lined with gibbets o Great Britain does not execute today National Offender Management Service o Designed to provided end to end management o For people placed under probation and parole o Can coordinate things between prisons and probation and parole Board of visitors o independent monitoring boards o Citizens who can enter the prisons and the jails and can go through any place in the prison at any time o Make sure the prisoners are treated fairly Prison riots in the 1980 s o Because they have a serious racial problem o They are treated poorly o Blacks are arrested and discriminated against a lot in Great Britain o Ombsman o retired judges who have the power to investigate prisons 0 They are sent to other places as well 0 Prison and probation Ombsman were created to search the prisons for misconduct of officials or prisoners and to reduce the riots in prison Juvenile justice system c Magistrates court handle juvenile cases 0 Whether it is criminal or civil o Has to be at least 3 judges and at least 1 female and 1 male France 962012 83700 PM France is the largest country in continental Europe France has the largest Muslim population in Europe o Immigrants have the higher crime rates that naturalized citizens 85 of people in France live in cities or towns France is a very unstable country P 124 o French bureaucracy has held the country together and is the only steady thing about the government Charles de Gaulle o Wrote the French Constitution o Former prime minister Now in the 5th Republic President o Politically irresponsible position o 5 year term o Now limited to 2 terms Premier o Prime minister o Appointed by the president o Head of the government or administration Council of Ministers o Equivalent to cabinet government o Selected by the prime minister with the approval of the president Parliament o Bicameral 0 Senate Upper chambers 0 National Assembly Lower chambers Constitutional Council o Reviews laws before they are passed to ensure they meet constitutional standards P 151 o Wanted protection from tyrants Police Force They have 2 national police forces unlike the fragmented police force in the US and Great Britain 0 Reason for 2 is the national instability King Hugh Capet 987996 established the first police force Rural area controlled by 2nd police force 0 2nd police force National Gendarmerie Military use to control the countryside National Guard Elite branch Large cities 10000 or more are controlled by the national police force 0 Larger amount of officers 0 Have a section that is called the Riot Police Municipal police 0 Recent 30 years ago 0 Meter maids or traffic police 0 Cannot conduct investigations Judicial National police 0 Called to the scene of the crime 0 Call the procurator Procurator Prosecuting attorney Will come to the scene of the crime Supervises the investigation Violent Crimes only Will call the magistrate if a very violent crime or crime involving children has been committed Examining Magistrates o Is in charge of the judicial police 0 Go to trial in court of assize 0 Have limited number of challenges ofjury o Executive and Judicial Branches o Career Civil Servants Court system c Not always opened to the public 0 O O O O o Minor courts have only one judge o Inquisitorial judges 0 Guilty until proven guilty o Courts of cassation 0 Issues of law 0 Highest court of interpretation o Constitutional council 0 Determines if something is unconstitutional o Courts of appeal 0 Final for issues of facts o Courts of assize o Felony courts Preceding judges 2 otherjudges and 9 jury members Jury is taken from jury list a Not allowed to read the docia o Writ of habeas corpus o I think I am being detained illegally 0 Not in France o No plea bargaining o Judge is assigned to cases and if the person reoffends then they are brought back in front of that same judge o Informal Juveniles are all lumped together a All kids need nurturing Mostjuvenile hearings are held in the judges chambers 10212 Only unified after the French Revolution Agrarian Society Collapse of the Roman Empire o Dark Ages o Roman System of Law was lost o 11th Century found books 0 Justinian Code Foundation of modern day criminal law Eastern portion of the Roman Empire Differences between French and British o French are more philosophical O O 0 Civil Law countries learn more by deductive reasoning Not bound by previous cases Each decision in the case dealing with a certain piece of info you must write one sentence summing up that aspect Decision is anonymous unlike in the US where the judge signs whether they agree or disagree In France a private citizen or lawyer may not challenge the constitution like in the US Only certain groups Civil and criminal cases going on at once OJ Simpson acquitted of criminal guilty of civil Victims lawyer may have access to docia If the victim s attorney is the prosecutor along with the state s prosecutor the victim may not be called to the stand o British is more pragmatic 0 Common Law countries learn more by sitting in court How to become judge or attorney o High School o College 0 O O 0 First 2 years general education along with law classes 3rd year get bachelors 4th year Master Defense attorney has law degree takes bar exam and pass with apprenticeship with a defense attorney for 3 years Prosecutor or judge Law degree National school ofjudiciary n 3 years n Studyjudging n Internships u If you do really well then you become judge Then they send you to a small town court for a while and eventually move up if ambitious In your late 20 s a Not as well prosecutor a Not well at all stuck doing research 10412 President of 3 judges is a judge in the Court of Appeals o President asks questions o Prosecutor next o Defense attorney submits questions to be asked Steps of the court o In book Inquisitorial court system Need 8 out of 12 to be convicted 3 judge panel and jury who decides the sentence Chamber of instruction o Preliminary hearing Do not have a death penalty Post sentencing judge instead of parole board o Can reduce sentence o Can make all of parole decisions o Trial judge is who handles probation Juvenile Justice o Crime has increased and a lot has been juveniles o Foyer Juvenile facilities 0 Open facilities They don t like locking up juveniles o Meant to help the children instead of punishment o Juvenile courts of assize 0 Same process as Adult Court of Assize 0 They put them in prisons and treat them like adults 962012 83700 PM
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