Distinguish international criminal justice from comparative criminal justice

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5 page minimum overview of the chapter and powerpoint provided. As well as giving your thought and opinion regarding certain subjects. Making  statements showing that you have a understanding of the chapter and showing special attention to statements below

Giving special attention to these objectives in the chapter

Distinguish international criminal justice from comparative criminal justice

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Describe the value of comparing systems and issues of criminal justice

Discuss globalization and its effects on crime and criminal justice

Explore how countries have adopted methods from other to change how they practice criminal justice

Describe the purpose of the historical-political approach

Comparative Criminal Justice
5th Edition

Chapter 1: Introduction

 

Adrianna Hughes

University of Scranton

 

Learning Objectives: Chapter 1

  • Distinguish international criminal justice from comparative criminal justice

 

  • Describe the value of comparing systems and issues of criminal justice

 

  • Discuss globalization and its effects on crime and criminal justice

 

  • Explore how countries have adopted methods from other to change how they practice criminal justice

 

  • Describe the purpose of the historical- political approach

Comparative Criminal Justice Systems

5th Edition

 

 

Comparative Criminal Justice

  • Investigates and evaluates a national system of justice in terms of other countries, cultures, or institutions
  • Key word: compare
  • Examines strengths and weaknesses of different approaches to : crime, law, and justice around the world.
  • Comparative criminology
  • study of the causes and correlates of crime in two or more cultures.

Comparative Criminal Justice Systems

5th Edition

 

 

International & Transnational Crimes

International

  • Crimes against the peace and security of mankind
  • Based on international agreements between countries, or legal precedents
  • Ex’s: genocide, torture, and enslavement of population

Transnational

  • Offenses whose inception, acts, and impact involve more than one country
  • Usually involve provision of illicit goods or infiltration of business or government

Comparative Criminal Justice Systems

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International & Transnational Crimes: Continued

International

  • The International Criminal Court
  • Founded 2002; Netherlands
  • Adjudicates international crimes
  • Ex: President of Liberia: Charles Taylor
  • Aiding and abetting crimes

Transnational

  • Occurring more frequently as global communication and interaction increase

 

  • Ex: guns used in criminal enterprises smuggled from Mexico to US
  • – 2007-2011
  • Counterfeit perfume sold in United States from China

 

  • See: Table 1.1 for most common transnational crimes

Comparative Criminal Justice Systems

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International & Transnational Crimes: Continued

Comparative Criminal Justice Systems

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Origins of Comparative Criminal Justice

  • Applies comparative methodologies used in law and political science to sociology and criminal justice
  • Origins
  • 1700’s- “Age of Enlightenment”
  • Cesare Beccaria- considered first criminologist
  • Called for changes in Western European criminal justice
  • Such as elimination of torture, death penalty, and secret trials.

Comparative Criminal Justice Systems

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Origins of Comparative Criminal Justice Continued

  • 1800’s
  • Others such as Jeremy Bentham and Emile Durkheim begin to conduct cross- national studies of crime

 

  • Criminal Justice Professionals start researching issue of cross-national crime

 

  • General Statistical Congress, International Congress on the Prevention and Repression of Crime, and First International Police Congress

 

  • First large scale attempts to collect data on international crime.

Comparative Criminal Justice Systems

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Origins of Comparative Criminal Justice Continued

  • 1960’s
  • United Nations created the Crime Prevention and Criminal Justice Branch
  • Other International Organizations involved in collecting data on international crime and justice issues include
  • International Criminal Police Organization (Interpol)
  • World Health Organization- (WHO)
  • International Crime Victim Surveys –(ICVS)

Comparative Criminal Justice Systems

5th Edition

 

 

Origins of Comparative Criminal Justice Continued

  • National Institute of Justice (NIJ)- is the research, development, and evaluation agency of the U.S. Department of Justice.
  • NIJ developed an International Center in 1998
  • Stimulates and facilitates research and evaluation on transnational crime and justice issues
  • Circulates knowledge gained on these issues throughout the international and national criminal justice communities

 

Comparative Criminal Justice Systems

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Why Compare Criminal Justice Issues and Systems?

  • Comparisons lie at the foundation of all our thinking
  • Key element in Critical thinking- purposeful mental activity which permits us to examine the relative strength of evidence, arguments, and alternative courses of conduct
  • 3 ways to engage in critical thinking

 

  • Determine what is known about an issue, and ask ourselves why we think that way- Ex: position on death penalty
  • Seek out opposite side of story: understand other positions
  • Objectively weigh the evidence and different opinions and then make a decision based on the available evidence

Comparative Criminal Justice Systems

5th Edition

 

 

Why Compare Criminal Justice Issues and Systems?

  • 3 Reasons to compare systems
  • 1. To Benefit from the experience of others

 

  • 2. To broaden our understanding of different cultures and approaches to problems

 

  • 3. To help us deal with the many transnational crime problems that effect our world today

Comparative Criminal Justice Systems

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To Benefit from the Experience of Others

  • What we learn from other countries and how they deal with criminal justice issues, helps us to develop hypotheses that will help us begin to solve problems related to crime

 

  • Japan has a much lower crime rate than U.S
  • Japan credits their police methods for low crime rate- most notably community policing
  • Also, kobans-small local police stations

 

  • Many U.S cities such as Atlantic City, Detroit, and Houston, have modified the Japanese methods and use them in their own police operations

Comparative Criminal Justice Systems

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To Benefit from the Experience of Others

  • Many countries adopted rules of criminal procedure that were created by others
  • Right to counsel at an early stage of the criminal justice process – becoming nearly universal

 

  • Many countries have adopted entire legal codes from other countries
  • Napoleonic code
  • German Civil code

 

  • These codes have had great influence on the development of legal and criminal justice systems throughout the world

 

Comparative Criminal Justice Systems

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To Benefit from the Experience of Others

  • Corrections Strategies are also adopted from country to country
  • Day fines- originated in Scandinavian countries- adopted by Germany, Great Britain and the United States
  • Restorative Justice- has roots in indigenous cultures
  • New Zealand, Belgium, Australia, Canada, and the United States all have implemented different kinds of restorative justice programs

Comparative Criminal Justice Systems

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To Benefit from the Experience of Others

  • Many countries have also improved their ability to collect crime statistics using the Uniform Crime Report(UCR) and National Crime Victimization Surveys(NCVS)

 

  • Specific policies and practices should only be adopted after serious evaluation
  • They must be modified to fit into the new cultural context

Comparative Criminal Justice Systems

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Current Example

  • http://www.cnn.com/video/?hpt=wo_t2#/video/world/2012/12/18/w1-us-gun-culture-international-gun-laws.cnn

 

  • Discussion: Do you feel that we can benefit from the gun control policies and regulations that Great Brittan has put into place? Why or why not?
  • Make sure to note the cultural similarities or differences, and modifications that would need to be made, if any, to make the policies fit American culture.

Comparative Criminal Justice Systems

5th Edition

 

 

To Broaden our Understanding of the World

  • Avoiding ethnocentrism- believing that ones own county or culture does things right and all other practices are wrong
  • Ethnocentrism can be dangerous
  • Can lead to crime within and across borders
  • Can also lead to discrimination, oppression, or violent ethnic based conflicts
  • A nations way of administering justice often reflects cultural, religious, economic, political, and historical realities
  • Learning about the reasons for these practices gives us insight into other countries values, traditions, and cultures

Comparative Criminal Justice Systems

5th Edition

 

 

Current Example

  • http://www.nytimes.com/2012/12/20/world/europe/russia-votes-to-ban-all-adoptions-by-americans.html?ref=todayspaper&_r=1&

 

  • Discussion: After reading the above article do you feel that ethnocentrism plays a role within the legislation proposed? If so, what impacts could this have on the countries involved? (Relate it back to class discussions about why ethnocentrism can be harmful.)

Comparative Criminal Justice Systems

5th Edition

 

 

To Deal More Efficiently with Transnational Crime Problems

  • Important to address transnational and international crime problems
  • Globalization- the world has become interdependent in terms of events and actions of people and governments around the world
  • Resulted from a number of cultural and technological changes in the twentieth century
  • Ease of worldwide travel, growth and speed of internet, end of cold war, demise of soviet union, and emergence of China as a market economy

 

Comparative Criminal Justice Systems

5th Edition

 

 

To Deal More Efficiently with Transnational Crime Problems

  • One result of Globalization is the rise in international and transnational crime
  • Figure 1.1 illustrates how transnational crime is connected to larger social, economic, and government influences
  • Transnational crime is a form of illicit enterprise that involves a network of individuals who look to make a profit from an available opportunity
  • Regardless of criminal opportunity chosen
  • Need a supply- ex. Drugs, stolen property
  • Need a steady supply of consumers

Comparative Criminal Justice Systems

5th Edition

 

 

To Deal More Efficiently with Transnational Crime Problems

  • In order to adapt to pressure from police and competitors illicit measures are used
  • Infiltration of government and other legitimate businesses- extortion, corruption, and money laundering
  • Perpetrators of transnational crimes must be entrepreneurial and organized (See figure 1.1)

 

  • International cooperation is essential if we wish to solve the issues of transnational crime

 

  • Without international cooperation we cannot find, extradite, or serve justice on those who violate laws and cause pain and suffering throughout the world

Comparative Criminal Justice Systems

5th Edition

 

 

Historical -Political Approach

  • General approach taken in book
  • Historical
  • Practices of administering justice develop over centuries within countries in response to needs and historical events

 

  • Political
  • Criminal justice agencies are government institutions and reflect political decisions about law and the administration of justice
  • Ex. Hard to understand development of U.S criminal procedure without grasping role of the Supreme Court

 

  • Social and Economic factors are also important in shaping administration of justice and they are often tied to both political and historical events

Comparative Criminal Justice Systems

5th Edition

 

 

Model Systems

  • There are 192 independent states in the world
  • Independent state- refers to people who are politically organized into a sovereign state with a definite territory
  • Sovereign state-internationally recognized unit of political authority
  • There are also 76 “dependencies” and even more nations than independent sovereign states

 

 

Comparative Criminal Justice Systems

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Model Systems

  • Six model Systems are found in these countries
  • England
  • France
  • Germany
  • China
  • Japan
  • Saudi Arabia

 

Comparative Criminal Justice Systems

5th Edition

 

 

Basic Values in Criminal Justice System

 

  • Professed Values- proclaimed as values by the participants in the system
  • Ex. Equal justice under the law
  • Underlying values- not openly proclaimed but nevertheless govern actions within the criminal justice system
  • In China individuals have rights that may protect them from governmental intrusion and abuse, which is a professed value,
  • but according to the underlying values of Chinese society, the needs of society are more important than individual rights
  • therefore individual rights may become secondary in a legal proceeding

Comparative Criminal Justice Systems

5th Edition

 

 

Political Culture V. Politicized Culture

  • Political Culture- administration of justice is a governmental function and reflects the political culture of a nation
  • Culture- patterns of behavior and thought that have developed over the course of a society’s history
  • Ex. Germany- political culture emphasizes legalism- bound to reflect the same concerns in its justice system
  • Politicized justice- involves perverting the judicial or criminal justice process to achieve particular political ends, usually to punish enemies of the regime in power or to deter others from joining those enemies
  • Ex. The trials of Stalin’s Opponents In the Soviet Union

Comparative Criminal Justice Systems

5th Edition

 

 

Families of Law- Legal Traditions

  • Common Law- England
  • Civil Law- France and Germany
  • Socialist Law- China
  • Sacred Law- Saudi Arabia
  • Hybrid System *Japan

 

  • All modern legal systems are based at least partially on one or another of these historical arrangements

Comparative Criminal Justice Systems

5th Edition

 

 

Current Example

  • http://www.huffingtonpost.com/2012/12/12/border-patrol-cannon-mexico-drug-smugglers-marijuana_n_2284748.html?utm_hp_ref=drug-war

 

  • Discussion: Is this an example of an international or transnational crime?
  • Discuss possible solutions to preventing drug trafficking from Mexico into the United States.
  • Also, see United Nations Office on Drugs and Crime website and discuss the issue of drug trafficking from a worldwide perspective.

Comparative Criminal Justice Systems

5th Edition