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highest imprisonment rates




-South Africa







Murder rates in developed countries














-New Zealand


What effects criminal justice practices?

-Form of government (political environment)



-Economic Philosophy

-Socioeconomic system (SES)

-John Maynard Keynes

-"Capitalism is the astounding belief that the most wickedest of men do the most wickedest of things for the greater good of everyone"

What it means to be an American

-Most Americans hold the country in high regard

-80% believe the American justice system is still the best

-Confidence levels have increased across the board since 1978


-Tendency to believe that one's ethnic or cultural group is centrally important, and that all other groups are measured in relation to one's own

-Positive aspects: Encourages pride, confience, and group identification

-Negative aspects: Prejudice, discrimination, most Americans believe our system favors the rich, Americans dont believe juries are representive of their community, racial profiling

-Leads to chauvinism: Blind devotion to one's country with the belief,

-George Santayana

-"A man's feet must be planted in his country, but his eyes should survey the world"

Why do we study the Legal System of Other Countries

-Provincial benefits of an international perspective

-It's important to have a perspective other than our own

-We make a grave error if we believe that we are a ctry that is "As natural, as necessary, as given by God,' to make the country better than any other removes the historical perspective of one's nations

-Our country is built upon that of other nations

-"Without such comparison, we could be led to a false belief in the necessity and permanency of the status quo" (Terril)

-Aspects of other legal systems can be and have been incorporated into our system

-Mediation and arbitration arouse out of african tribal rituals

Universal benefits of an International Perspective

-Today is formed by the premise of an international business community that communicates at a global level

-Global playing field

-Allows for multiple types of collaboration disregarding geography/distance/language

-English is the default universal language

-Crime have morphed into international forms of crime and less concentrated on minor crimes

-Human trafficking, cyber crimes, money laundering have a more devestating affect on countries

-Global organizations have become more vital to the economic and system of home countries, such as ICC, UN, Interpol, Europol, and the EU

Neighborhood Cooperation

-Relationship between US, Canada and Mexico allow for criminal extradition, military partnerships, etc.

-Integrated Border Enforcement Teams (IBETS)

-However, such relationships require a balance between parties

-If one country has the upper hand, it puts the other country on the defensive

-Consider the relationship between Mexico and the US

-US law enforcement have been the dominant players in every bilateral initative with Mexico

-Is such a relationship justified given Mexico's governmental problems?

-How do countries deal with these circumstances?

Integrated Border Enforement Teams (IBETS)
-IBETs enhance border integrity and security along the shared Canada/U.S. border, between designated ports of entry, by identifying, investigating and interdicting persons, organizations and goods that threaten the national security of one or both countries or that are involved in organized criminal activity.

-International Police Organization

-Coordinates interactions among police in various INTERPOL member states

-Collects info on international criminals to help other nations in solving crimes and securing the arrest, detention, and extradition of suspects




How was it formed?


-European Union

-Treaty-based framework that defines and manages economic and political cooperation among its 25 member states

-Was formed to boost the relations between the governments of the European countries and strengthen the trade and commerce ties between the countries of Europe.

- Also it was created primarily due to coal trading and in an attempt to curb the wars that kept on happening between the countries that made up central Europe

3 Key institutions of the EU

1. European Parliament (EP)

-Elected by citizens of the EU to represent their interests.

-Origins in the 1950s and the founding treaties


2. Council of the EU

-The main decision-making body. Like the EP, it was set up by the founding treaties in the '50s.

-Represents member states, and meetings are attended by one minister from each of the EU's national governments


3. European Commission

-Provides for the institutional structure of cooperative efforts among CJ agencies



-Eurpean Law Enforcement Agency

-Aims to improve the effectiveness/co-operation of the competent authories in Member States

-To prevent/combat terrorism, drug trafficing, and other organized crime


-Set up by the Council of the European Union in 2002

-Aims to fight serious crime by facilitating the optimal co-ordination of action for investigations and prosecutions covering the territory of more than one Member State with full respect for fundamental rights and freedoms

Schengen Agreement

-Goal is passport-free travel among member states (Europe)


-Each country must provide strict identity controls at airports/seaports/land borders for travelers outside the EU

-Police of EU states are allowed to pursue criminal across the borders

-European arrest warrants repleace extradition orders, which enhance efficiency in the capture of serious criminal

Historical Approach

-Reviewing historical problems allows us to understand issues and solutions in today's problems in similar context

-Beaumont and Tocqueville criticized France's prison system and looked to the US for a solution


Auburn vs. Pennsylvania System


-Work groups and solitary confinement at nice with silence inforced at all times



-Solitary confinement at all times

Political Approach

-As the book cites, to understand a countries criminal justice system, we must understand political environment


-Iraq's transition for a more democratic force that concentrates on community rather than express security

-Understanding political undertones assists in changing methods/tactics of the nation's policing, having patience in the change, and understand the thought process


Descriptive approach

-Description of how something should operate provides the necessary basis for analysis and repair


-We must understand a CJS's standard organization/structure


-Essential first step in comparing CJS


-Two techniques


1. Focus on specific countries and describe the legal systems operation in each country


2. Focus on specific components of the CJS system and describe how diff. countries implement those segments


-Most accurate method: Concentrate on already familiar concept (law, police, corrections) but do so by looking at the diversity that exists in executin those concepts



Functions/Procedures Strategy


What did Ingraham say?


-Lynch notes that all countries require that similar jobs be done, they simply assign the duties differently


-"Nation's may differ from one another in the manner of collecting evidence, the way they sift it, refine it, and evaluate it prior to trial, and the way they present it at trial, but they all have procedures to do these things' -Ingraham

-Comparison Model.. Intake, screening, charging and protecting, adjudication, sanctioning and appeal


-For example, consider the way US, France, and Chine respond to the task of charging a defendant and protecting the defendant against abuse by accusers

Facts and factors with the Descriptive Approach

-US police can only detain a suspect for a limited time (Terry vs. Ohio)


-Supreme court hasnt established time constraints, but the court stated that detention should last no longer than necessary to accomplish the purpose of the stop (Florida v. Royer)


-In France, police can detain a suspect without a warrant for 24 hours to investigate. Prosecutor can extend the detention for another 24 hours upon weighty evidence


-Defendant cant be detained beyond 24-48 hours unless prosecutor turns the investigation over to a investigation judge, who can authorize temportary detention


-For temp. detention, the offence must exceed 2 yrs of punishment. There must be reason to believe the accused would respond negatively in the community


China in reference to the Descriptive approach

-Laws allow police to detain a suspect for up to 3 days when one of seven conditions are present


-In special circumstances (undefined) suspect may be held up to 7 days, and 30 days for serious cases


-After 7 or 30 days, police must get permission to arrest the suspect. Prosecutor has 7 days to make a decision. Police can easily subject a suspect to incarcertion for 37 days.


Institutions/Actors Stratgies of Descriptive approach


What'd Ingraham examine?


-Approach compares countries on basis of specific institutions and positions charged with accomplishing particular duties


-Ingraham examines protection against porlonged pretrial detention by describing the functions and procedures used in four countries to accomplish the task. Not concerned with specific agencies/type of officer responsible for those efforts


-Emphasized each countries' institutions such as police/courts/corrections while doscussing assignemtn duties of epople such as police officers, attorneys, judges, and wardens


Comparative studies cover what two independent and overlapping areas?

1. Study of crime as a social phenomena


-Focus on offender


2. Study of crime as an attempt to maintain social order and accomplish justice


-Focus on legal context/Rule of Law



What problems do we face when we attempt to compare data from different countries as a social phenomenon?



-Must ensure that crime data from other countries have been defined, reported, and recorded in a similar manner


-Must compile crime data in a way that researchers can conveniently compare different countries


-Are the crime collection methods of the US different from China, North Korea, India?


Crime as a social phenonmenon




Social features that affect crime rates?


1. Stats are political statements


-What can cause political rifts between countries?


-Can stats have consequences?


2. Decisions to record crimes can be affected by concerns about job evaulation measures


3. Social features that effect crime rates


-Countries with more access to phones report higher crime, Countriesd where home insurance is more developed report higher proportion of crime, advanced technology means higher crime reporting


-Countries with more available medical facilities may have lower homicide rates then countries that don;t


-Basically, less developed countries have a hard time reporting crime, so maybe that's why they have lower crime rates


What does rape mean?


Differences in different countries


-Countries asked to use the the definition of rape as 'Sexual intercourse without consent, whether being vaginal or other'


-Switzerland has similar rape rates


-Latvia excluded acts other than vaginal sex



Other considerations for crime as a social phenonmenon



Bike thefts?

Car Thefts?


-Fewer than 1/3 of robbery offences were reported in Japan and France, but more than 70% of the robberies in Northern Ireland were reported


-80% of bike thefts reported in Belgium, compared to 40% in the US


-Car thefts usually reported in all 17 countries


Robbery rates in US vs. England


Also considerations for crime in Sweden, Finland, Nethlands, Canada


-US has seen a decrase, while England has incresed to meet the rate observed in the US


-Crime rates in Sweden, Finland, Netherlands, and Canada all have higher crime rates compared to the US


-But can we reasonably believe these statistics?


Using International Crime Victim Data


Why use it?


-More viable and accurate form of reporting


-ICVS sponsored by United NationsInterregional crime and justice research institute

-Survey has showed high counts in industrialized countries from 2000




The three grand theories.. what for?
-Assume that a single theoretical construct has significant impact on a nation's crime level
Modernization Theory

-One of the Three Grand Theories


-Social process accompanying industrial development have resulted in conditions conducive to increased criminality such as loosen family ties, instability of family, and lack of supervision of youth


-Individualism is itself corrosive to the human agency

Civiliazation Theory

-Link between crime and civility


-Violent crime decreased as modernization dismantled traditional family/community bonds


-Elias (1982): Gradual introduction of courtly manners that transformed a violent medieval society into a more peaceful and modern one


-One of the Three Grand Theories

World System Theory

-Karl Marx perspective


-As capitalism expands, it disrupts indigenous cultures and traditional means of subsistence


-Resulting exploitation from outside and new inequalities within disrupt political and legal formations and create class conflict


Velvet Revolution Facts


When was it?

What was it?


-It was a Gentle Revolution, where Czechs were ruled by a Communist regime since 1948


-Czechoslovakia was a member of the Warsaw Pact (Termed because its HQ was in Warsaw, Poland)


-Cooperation and mutual assistance between member countries


-Nov 17, 1989 - Dec 29, 1989




Warsaw Pact


What was it a part of?


What countries were members?


-Czechoslovakia was a member


-Coined because its HQ was in Warsaw, Poland


-Cooperation/mutual assistance between member countries


-Was formed in response to West Germany's entrance into NATO


-Purpose: Prevent invasion on Russian soil, as had occured under Napoleon and later Hitler


-Russia, Albania, Poland, Czachoslovakia, Bulgaria, East Germany, Hungary. Romania

-Part of Velvet Revolution

-Emerged from WWII with greatest amount of casualities than any other country after have advanced into Central Europe
Potsdam Conference

-Separated Germany into zones


-Allied: US, France, Great Britian, Soviety Union


-To do with USSR

Marshall Plan Capital
-Soviet Union refused it

Velvet Revolution


How'd it begin?


What happened during this time in terms of other countries?


-Began with peaceful student protests in Nov. 17 1989


-Poland and Hungary experienced significant political turnmoil that successfully challenged communist regimes


-On Nov 9, 1989, West Germany allowed East Germans to visit


-By late 1980s, economic and social conditions had worsened and reform didnt take place even after glasnost (openess) and Perestroka (restructing) issued by Mikhail Gorbachev


-Prior demonstrations in 1988 were quickly suppressed by police


Velvet Revolution in terms of Authoritarian rule, demonstrations, student organizations

-Authoritarian rule began to crumble in neighboring areas


-Fresh demonstrations began in mid November, spurred by student reformists and political activists and Vadav Havel, who eventually became the countries first democratic president


-Students organized in Prague theatres to discuss reform and organized a strike, where info about it was disseminated on public forums


-This movement gathered momemtum, with neighboring areas joining the mass strike and social movement

Polish round table agreement of 1989

-Legalization of trade unions

-Introduction to the office of President, nullifying Communist power

-Limit power of the president

-Limit power of Congress

-Media Freedom


-One of the 1989 Revolutions

Romanian Revolution of 1989

-Romania was a police state, due to ubiquitous nature of secret police


-Only Eastern Bloc country to overthrow its leaders by force


-Dissatisfied with the Communist regime


-Ceausescu wasnt 'Pro-soviet,' but rather maintained a hard-line stance towards the west


-Austerity program institution led to significant poverty and loss of public wealth, creating unemployment, inflation, etc.

Austerity program

-Led to poverty, loss of wealth, unemployment, high inflation, etc.


-Happened during the Romanian Revolution of 1989

Baltic Way of 1989

-2 million people made a chain spanning 370 miles across Estonia SSR, Latvian SSR, and Lithuanian SSR


-Commemorated the Molotov-Ribbentrop Pact



Molotov-Ribbentrop Pact

-To do with Baltic Way of 1989


-Agreement between Soviet Union and Nazi Germany


-Divided E. Europe into spheres of influence, which led to the occupation of the Baltic States in 1940


Molotov Cocktail


Whered the name come from?


-Coined by the Finns during the Winter War of '39 to mock Vyacheslav Molotov, who was the chairman of the Counsil of People's Commissiars of the Soviety Union (Prime Minister)

-Soviet offensive against Finland after the Finns failed to agree to cede territory/give up soverigty to Soviets.


-Molotov said Soviets were providing aid and not bombing the Finnish troops

Terroism definitions

-Difficult to define


-Definitions of terrorism often have similarities


-Terrorism can include violence and political ends


-It can also include crimes of violence to human life to intimidate a population, influence the govt., assisination/kidnapping to get the govt's attention, or impair public services


-All have to do with interupting govt. operations or other services


Terriorism typologies


Fleming and Stolh


Typologies that outnumber the rest?


-They identified 4 major types


-Motivation of the terriorist


-Historical origin of the terriorist group


-The terriorist group


-Type of targets/methods of operations chosen by the terriorist group


-Typologies that outnumber others







-Try to pressure goverments to redistribute wealth


-FARC: Revolutionary Armed Forces of Colombia, which grew out of the Colombian Communist party in the '60s



-One of the typologies of terriorists

Revolutionary Armed Forces of Colombia



-Grew out of Colombian Communist Party in the '60s


-Goal was to overthrow the democratic govt. of Colombia


-Most funding from cocaine


-Oldest insurgent group in the Americas


-Formed following La Violencia, a violent period in Colombias history


-Communist/Socialist group


-Communist Party of Nepal


-Communist/Socalist group




-Terriorism group


-Freedom fighters


-Wanted to form a separate state for their own national group


-Fight oppression and Western domination


-Includes PLO, IRA, ETA, Hezbollah, and Hamas





PLO, IRA, ETA, Hezbollah, Hamas

-POL: Palestine Liberation Organization (Yasser Arafat)


-ETA: Basque Fatherland and freedom. Wanted to establish an independent homeland in Northern Spain and SW France


-Hezbollah: Umbrella organization of various radical Islamic Shi'te groups seeking Islamic state in Lebanon


-Hamas: Creating an islamic state in the land of Palestine, which is currently Israel and the disputed Palestinian territories


-All to do with Nationalist/Separatist Terriorists

Religious terrorism

-Use violence to further what they believe are divinely commanded purposes, religious terrorists typically have spiritual rather than military objective


-Al-Qaeda.. the base

-To rid Muslim countries of what it sees as the profane influence of the West and replace their govt. with fundamentalist Islamic regimes

Legal traditions of comparative criminology

-Todays four legal traditions


-Refers to the deeply rooted and historical conditioned attitudes about things such as nature of law, the role of law in society, and how a legal system should be organized and operated, and the way law should be made/applied/perfected


Historical Sense


Wigmore and legal systems in the world


-Evolution of laws took place over the course of thousands of years


-According to John Henry Wigmore, he believed there had been 16 legal systems in the world..


-Egyptian, Mesopotamian, Chinese, Hindu, Hebrew, Greek, Roman, Maritime, Japanese, Mohammedan, Celtic, Germanic, Slavic, Ecclesiastical, Romanesque, Angelican


-Wigmore observed 6 systems disappear and 10 essentirally emerged which included..

1. Hybrids: Roman, Germanic, Slavid, Maritime, Japenese

2. Unmixed: Chinese, Hindu, Mohammedan

3. Hybrids: Romanesque, Anglican


Federalist system


Common law first noted why?


What are Judicial decisions based on?


Whats it also known as?


-Also known as dual-sovereign system


-States have more power than the federal govt., which is enumberated in the Constitution


-Common Law first noticed in England after the Norman Conquest


-Duke of Normandy had conquered England and replaced a ruling class with a French-speaking mondarchy


-Judicial decisions based on tradition, custome, and precedent


Common law was a form of..


Germanic Law was influencede by..


-Germanic Law


-Influenced by Roman Law



Roman law was fairly ubiritous...
-In Europe and formed the foundation of the Byzantine Empire Law Code

Byzantine Empire Law Code


Law of Twelve Tables


Slave Children


-Roman law's formation lied on the Law of Twelve Tables


-Before the publication of the 12 tablets, such laws were unpublished  to benefit the established dasses and punishment was meted out arbitarily against the plebian classes


-Table IV, for example, codified the killing of children with deformities


-Table V codified the selling of children as slaves as a right.. iIf the father sold the child 3 times, the child was to be freed


What was prior to Roman Law?


What did it detail?


-The Egyptian Legal System


-Divine authority from sun god Osiris through his son Horus

-Divinity transcended through the pharoah

-Discovery of bail bond for a jail prisoners release and a recognition of womans independence/equality with men in some legal relations

-Legal system developed out of necessity between traders and emphasized commercial law and provided the basis for deeds, partnerships and contract laws



Largest achievement of the Mesopotamian legal system


What else made it special?


-Babylonian law.. called the Code of Hammurabi.. one of the first known bodies of law!


-According to Wigmore, the Chinese legal system is the oldest continuing legal system which relies on philosophy of life


-Belief in a law of nature wherein all parts harmoniously adjust to eachother

Todays four legal traditions

-Bracey argued for concentrating on 3 legal traditions.. western law, religious law, and traditional/customary law


-However, others have found a succinct and more porper classification of legal traditions, including Rene David: common, civil, socialist, religious/philosophical


-Others exist, but they broadly fall under these conditions


Common Legal Tradition


Feudal vs. Custom vs. Equitity


-Romans occupied Britan from 50 CE to the start of the fifth century


-Roman law laid groundwork for Britian


-Feudal Practices

-A lord provided vessals with land in exchange for military and other services

-System of royal courts established to settle disputs of landholders

-Lord of the manor settle dispute between villages or hundred courts


-Essential aspect of court decisions under Anglo-Sexon law and English feudal processes

-Blackstones Commentaries on the Laws of England, legal custom is: ancient, continuous, peaceable, reasonable, certain, compulsory, and consisitant


-Inconsistant in nature of decision-making in courts

-Led to addition of the 'Fairness Doctrine' which laid the fondation for a more equitable/consistant/uniform method of deciding cases

Civil Legal Tradition

-Emanated from code of laws collected by the Roman emperor Justinian


-Set the stage of Napoleon and his code civil


-Civil codes are common world-wide, Canada/South America among others

Fairness Doctrine

-Laid fondation for a more equitable/consistent/uniform method of deciding cases


-Comes from Equitity of Common legal Tradition

Three legislative bodies created by Roman law statutes

-Comitia Centuriata and Comitia tributa enacted statuses known as lex (collection of laws)


-Concillium plebis enacted plebiscitum, law passed by the common people

Canon Law

-Roman Catholic Church made this law to govern the Church and the rights and obligations of the followers


-Universal law of the spirtual realm

-Primary source providing specifics of canon law were the decretal letters.. authoritative papal statements concerning controversial points in doctrine/ecclesiatical law

-Church claimed jurisdiction over the entire life of Chirstians



-Roman civil law had a tradition, dating back to the 12 tables, of laws being binded because they were authorized/recorded


-Roman law and canon law provided a tradition of codification that emphasized a revolutionary nature of law and stressed its written form


-From basic ingredients of the civil legal tradition


-Civil law and common law may be distinct in ways, such as common law doesnt necessarily have to be written.. as it relies on customes

Socialist Legal Tradition

-Traced to the Soviet Union


How does Chinese history reflect traditions in Russia?

-Chinese people havent been treated well by their govt.


-Because of this citizens arent inclinded to trust and respect govt. of any type

-Because law was provided by those very govt.s, the Chinese view it as artificial



Similar to Russia

Marxism-Leninism and the Bolshevik revolution, also known as Red October

-Overthrew Russian govt.  and gave power to the Bolsheviks, creating the Soviety Union


-Russia's govt. had experienced tremendous finanicial problems, crushing debt, and GDP that was substantially decreased from prior years.


-The countries citizens rose up against the govt to initiate reform

Vladimir Lenin

-Leader of new Bolshevik party


-Absorbed study of Marxism, but had not detrailed the institutio


-Codification of laws didnt occur until 5 years after new rule


-He argued law could well serve the purposes of socialism


-He believed that law must be used in a socialist state to educatecitizens in a spirit of new, socalist relations and in the new rules of the community

Islamic Tradition

-Mulsims comprise a large population around the world


-One god, Allah


-Muhammid is Allah's prophet

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