Fluent Essays

Complete the web project assignment on page 28. - No more than two pages maximum! comparative_criminal_justice_systems_a_topical_approach_6th_edition.pdf Unformatted Attachment Preview Sixth Edition Comparative Criminal Justice Systems A Topical Approach Philip L. Reichel University of Northern Colorado Boston Columbus Indianapolis New York San Francisco Upper Saddle River Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City São Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo Editorial Director: Vernon R. Anthony Senior Acquisitions Editor: Eric Krassow Assistant Editor: Tiffany Bitzel Editorial Assistant: Lynda Cramer Director of Marketing: David Gesell Senior Marketing Manager: Mary Salzman Senior Marketing Coordinator: Alicia Wozniak Senior Marketing Assistant: Les Roberts Production Manager: Holly Shufeldt Senior Art Director: Jayne Conte Cover Designer: Karen Salzbach Cover Photo: Shutterstock Manager, Rights and Permissions: Mike Lackey Full-Service Project Management and Composition: Mogana Sundaramurthy, Integra Software Services, Ltd. Cover and Text Printer/Binder: Courier Credits and acknowledgments borrowed from other sources and reproduced, with permission, in this textbook appear on the appropriate page within the text. Copyright © 2013, 2008, 2005, 2002, 1999, 1994 by Pearson Education, Inc. All rights reserved. Printed in the United States of America. This publication is protected by Copyright and permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions Department, One Lake Street, Upper Saddle River, New Jersey 07458 or you may fax your request to 201-236-3290. Library of Congress Cataloging-in-Publication Data Reichel, Philip L. Comparative criminal justice systems: a topical approach / Philip L. Reichel.—6th ed.   p. cm. ISBN-13: 978-0-13-245752-1 (alk. paper) ISBN-10: 0-13-245752-0 (alk. paper) 1. Criminal justice, Administration of—Cross-cultural studies. 2. Criminal justice, Administration of—Japan. I. Title. HV7419.R45 2013 364—dc23 2012008778 10 9 8 7 6 5 4 3 2 1 ISBN 10: 0-13-245752-0 ISBN 13: 978-0-13-245752-1 To Eva, Scott, Matt, and Tammy This page intentionally left blank Contents Preface xi Acknowledgments xvii Chapter 1 An International Perspective 1 Learning Objectives 1 Countries in Focus 1 Why Study the Legal System of Other Countries? 3 Provincial Benefits of an International Perspective 3 Universal Benefits of an International Perspective 5 Approaches to an International Perspective 11 Historical Approach 12 Political Approach 13 Descriptive Approach 14 Strategies Under the Descriptive Approach 15 The Functions/Procedures Strategy 15 The Institutions/Actors Strategy 17 Comparison Through Classification 17 The Need for Classification 17 Classification Strategies 18 The Role of Classification in this Book 19 The Structure of this Book 20 Summary 21 • Discussion Questions 22 • Notes 22 Chapter 2 Domestic Crime, Transnational Crime, and Justice 24 Learning Objectives 24 Countries in Focus 24 Comparative Criminology and Criminal Justice 25 Comparative Criminology Looks at Crime as a Social Phenomenon 25 Comparative Criminology Looks at Crime as Social Behavior 32 Transnational Crime 33 Transnational Crime Types 34 Response to Transnational Crime 45 National Efforts: The United States of America 45 International Efforts 48 Summary 51 • Discussion Questions 51 • Notes 51 v vi Contents Chapter 3 An American Perspective on Criminal Law 55 Learning Objectives 55 Countries in Focus 55 Essential Ingredients of Justice Systems 56 Substantive Criminal Law 57 Procedural Criminal Law 64 Liberty, Safety, and Fighting Terrorism 70 The USA PATRIOT Act—Substantive and Procedural Law Issues 70 Is America’s Reaction That Different? 72 Summary 75 • Discussion Questions 76 • Chapter 4 Legal Traditions Notes 76 79 Learning Objectives 79 Countries in Focus 79 Legal Systems and Legal Traditions 80 Today’s Four Legal Traditions 82 Common Legal Tradition 84 Civil Legal Tradition 88 Islamic (Religious/Philosophical) Legal Tradition 91 Eastern Asia (Hybrid) Legal Tradition 98 Comparison of the Legal Traditions 101 Cultural Component 102 Substantive Component 106 Procedural Component 107 Summary 111 • Discussion Questions 111 • Chapter 5 Substantive Law and Procedural Law In the Four Legal Traditions 114 Learning Objectives 114 Countries in Focus 114 Substantive Criminal Law 115 General Characteristics and Major Principles 115 Substantive Law in the Common Legal Tradition 118 Substantive Law in the Civil Legal Tradition 120 Substantive Law in the Islamic Legal Tradition 122 Substantive Law in the Eastern Asia Legal Tradition 125 Notes 111 Contents Procedural Criminal Law 127 Adjudicatory Processes 129 Judicial Review 139 Summary 145 • Discussion Questions 146 • Notes 146 Chapter 6 An International Perspective On Policing 150 Learning Objectives 150 Countries in Focus 150 Classification Of Police Structures 151 Centralized Single Systems: Ghana 153 Decentralized Single Systems: Japan 155 Centralized Multiple Coordinated Systems: France 159 Decentralized Multiple Coordinated Systems: Germany 164 Centralized Multiple Uncoordinated Systems: Spain 167 Decentralized Multiple Uncoordinated Systems: Mexico 169 Policing Issues: Police Misconduct 174 Policing Issues: Global Cooperation 175 International Criminal Police Organization (ICPO)—Interpol 175 Europol 177 Examples of Harmonization and Approximation in the European Union 178 Summary 180 • Discussion Questions 180 • Notes Chapter 7 An International Perspective On Courts Learning Objectives 184 Countries in Focus 184 Professional Actors in the Judiciary 186 Variation in Legal Training 186 Variation in Prosecution 188 Variation in Defense 192 The Adjudicators 195 Presumption of Innocence 197 Professional Judges 197 Lay Judges and Jurors 199 Examples along the Adjudication Continuum 201 Variation in Court Organization 207 France 208 England and Wales 212 Nigeria 215 181 184 vii viii Contents China 217 Saudi Arabia 220 Summary 222 • Discussion Questions 222 • Notes 223 Notes 263 Chapter 8 An International Perspective On Corrections 227 Learning Objectives 227 Countries in Focus 227 Comparative Penology 228 Typologies for Comparative Penology 228 Punishment 231 Justifications for Punishment 231 International Standards for Corrections 232 Financial Penalties 233 Fines 233 Compensation to Victims and Community 235 Corporal and Capital Punishment 237 International Standards 237 Corporal Punishment 238 Capital Punishment 239 Noncustodial Sanctions 246 International Standards 246 Community Corrections 246 Probation 247 Custodial Sanctions 250 International Standards 250 Prison Populations 251 Prison Systems 253 Women in Prison 258 Minorities in Prison 261 Summary 263 • Discussion Questions 263 • Chapter 9 An International Perspective On Juvenile Justice 269 Learning Objectives 269 Countries in Focus 269 Delinquency as a Worldwide Problem 270 Setting International Standards 272 Contents Determining who are Juveniles 273 Determining the Process 275 Models of Juvenile Justice 275 The Welfare Model of New Zealand 276 Italy: More Welfare than Justice Model 279 China: More Justice than Welfare Model 281 The Justice Model of England and Wales 284 Summary 289 • Discussion Questions 290 • Notes 290 Notes 324 Chapter 10 Japan: Examples of Effectiveness and Borrowing 293 Learning Objectives 293 Countries in Focus 293 Why Study Japan? 294 Japan’s Effective Criminal Justice System 294 Borrowing in a Cross-Cultural Context 295 Japanese Cultural Patterns 297 Homogeneity 297 Contextualism and Harmony 298 Collectivism 299 Hierarchies and Order 299 Criminal Law 301 Law by Bureaucratic Informalism 301 Policing 302 Why Are the Japanese Police Effective? 303 Judiciary 306 Pretrial Activities 308 Court Structure and Trial Options 314 Judgments 318 Corrections 318 Community Corrections 319 Prison Sentences 320 Coming Full Circle 321 What Might Work 321 Summary Appendix A World Maps Appendix B Helpful Web Sites Index 336 323 327 335 • Discussion Questions 324 • ix This page intentionally left blank Preface Much has changed in the area of comparative criminal justice since this book’s first e­ dition. Those 20 years have seen increased attention to such transnational crimes as terrorism, human ­trafficking, and maritime piracy, and to the important international crime of genocide. Law enforcement agencies cooperate cross-nationally to prevent, investigate, and combat those crimes, and supranational organizations such as the United Nations, Interpol, and Europol serve as conduits allowing global sharing of information. Concurrent with the increased interest of practitioners has been the attention paid to comparative criminal justice by scholars and researchers. The increasing number of professional j­ ournals, books, articles, and conference themes with a comparative justice focus is an obvious indicator; but so too are comments suggesting that developments in the justice system of any single country c­ annot be fully explored without acknowledging the impact of international and global forces.1 Possibly the clearest acknowledgment that comparative justice is an accepted subdiscipline arrives when policy makers, politicians, and practitioners recognize and announce that one’s own country can learn from the experiences of other countries. We may be on our way to reaching that point as indicated by the Justice Policy Institute’s publication titled Finding Direction: Expanding Criminal Justice Options by Considering Policies of Other Nations. There is much to be gleaned, the Institute declared, from the criminal justice policies and practices in other democratic nations. Believing that similarities among nations—democratic principles, for example— make policy opportunities possible, the publication compares the criminal justice policies of Australia, Canada, England and Wales, Finland, and Germany to those of the United States.2 Several of the criminal justice practices reviewed in this textbook are among those highlighted in the Justice Policy Institute’s publication. These changes are, of course, to everyone’s benefit. Current students of criminology and criminal justice have a much better understanding of comparative and international issues than have students of earlier generations. That knowledge is useful when those students become ­practitioners and increasingly must interact with justice system agents in other countries. In addition, the increased knowledge of different ways that justice is conceived and achieved gives practitioners and policy makers ideas for improving their own system. It is hoped that the interest in and perceived importance of an international perspective are irreversible. This book is designed to encourage continuation of that interest and to provide a knowledge base about justice in countries around the world. Organization of The Book The text is organized in 10 chapters that reflect the material and order of presentation typically found in introductory books on the American system of criminal justice. That is, arrangement proceeds from concern with criminal law through examination of police, courts, and corrections. 1 John Muncie and Barry Goldson, “States of Transition: Convergence and Diversity in International Youth Justice,” in Comparative Youth Justice: Critical Issues, ed. John Muncie and Barry Goldson (Thousand Oaks, CA: Sage Publications, 2006). 2 Amanda Petteruti and Jason Fenster, Finding Direction: Expanding Criminal Justice Options by Considering Policies of Other Nations (Washington, DC: Justice Policy Institute, 2011), http://www.justicepolicy.org/research/2322. xi xii Preface This organization distinguishes the text from other comparative criminal justice books that ­present detailed information on only a few specific countries. The result means that this text contains less detail on the criminal justice system of particular countries, but it provides greater appreciation and understanding of the diversity in legal systems around the world. A benefit of using the same countries for each chapter would be a sense of consistency and depth in the text. However, not every country offers the same level of contrast in all aspects of its criminal justice system. For example, describing German and French policing results in ­interesting and specific contrasts. If the same countries are used to contrast the trial p ­ rocedure, their similarity makes us less aware of the variation occurring in that process when other ­countries are considered. Fortunately, there is an alternate means for presenting information on law, police, courts, corrections, and juvenile justice. The organization used in this text follows the belief that comparison relies on categorization. That is, to best understand and explain similarities and differences among things, one must start by categorizing them. Chapter 1 provides the rationale for studying other systems of justice and sets down the specific approach used in this text. Chapter 2 explains and distinguishes comparative criminology and comparative criminal justice and then shows crime as a world problem by reviewing types of transnational crime. In doing so, it sets the stage for consideration of the different ways justice systems are organized in attempts to respond to the crime problem. Chapter 3 presents traditional material on American criminal law so the reader has a familiar and common base to use in the following chapters and concludes with a review of how the war on terrorism affects both substantive and procedural law. Chapter 4 presents four contemporary legal traditions and outlines the basic features of each. Chapter 5 continues ­material in Chapters 3 and 4 by looking at substantive and procedural criminal law in each of the four legal traditions. The next four chapters cover the topics of policing (Chapter 6), the judiciary (Chapter 7), corrections (Chapter 8), and juvenile justice (Chapter 9). Countries representing Africa, Asia, Europe, Middle East, North America, Latin America, and Oceania are included in the coverage. Some make frequent appearances (e.g., Australia, China, France, Mexico, Saudi Arabia); others are less recurrent (e.g., Canada, Denmark, New Zealand). The text concludes with a concentrated look at the criminal justice system of Japan. This country was chosen for special consideration because it has a history of borrowing from other countries (a point encouraged by comparative studies) and has what many consider to be a very effective criminal justice system. Also, ending the text with an in-depth look at a particular country provides an opportunity to tie together some of the topics and items presented in earlier chapters. Pedagogical Features This edition is being published with a new slimmer, sleeker design that reduces length w ­ ithout the loss of content. Actually, coverage has been enhanced for some topics. There are also ­several new pedagogical features in this edition and ones popular from earlier editions are continued. Among the new features are an increased use of photographs and graphics to add a visual ­learning experience and to provide greater readability. Another change is more descriptive than substantive as reference is made at each chapter’s start to “countries in focus” rather than the old ­identifier of “countries with more than passing reference.” The goal remains that of orienting students about the regions and nations they will encounter during their reading, but the new title makes clearer that these countries receive particular attention in the chapter. Other pedagogical features deserve more specific description. Preface Learning Objectives: Each chapter begins with specific learning objectives that identify the knowledge and skills students should have after reading the chapter. These objectives are presented in the phrasing of Bloom’s taxonomy, which is increasingly used to assist in the assessment of student achievement. Impact Sections: This feature, which has proven very popular with students and professors, continues in this edition. Each chapter of the text includes an “Impact” section in which topics mentioned in that chapter receive greater attention and questions raised by chapter material are addressed. These sections should encourage mental gymnastics, suggesting things such as links between countries, ideas for improving systems, and ways to encourage more global understanding. Examples include how availability of guns may affect a country’s crime rate (Chapter 2) and how soccer and American football can explain differences between common law and civil law (Chapter 5). In the News: Also continuing in this edition are “In the News” boxes that highlight current topics relevant to chapter material. Examples include public opinion regarding the tension between individual rights and public safety (Chapter 3), a plea bargaining system in France (Chapter 5), police reform in Mexico (Chapter 6), and the new role for citizens in Japan’s trials (Chapter 10). You Should Know: Another popular feature from previous editions is the “You Should Know” boxes. At least one such box appears in every chapter, and each one provides ­students helpful background information relevant to chapter topics. Examples include explanations of the European Union (Chapter 1) and the role of the accused under different legal systems (Chapter 5). Web Projects: The “Web Projects” feature has quickly become one of the most popular items in the book. Feedback on these features from students and professors has been extremely positive. These projects can be used as assignments by instructors or simply as interesting sites for students to visit. For example, students are encouraged to learn more about foreign terrorist organizations (Chapter 2), the roles and responsibilities of lay judges in Finland (Chapter 7), and the myths and facts related to the death penalty (Chapter 8). Discussion Questions: One of the most frequently requested additions to the book was a call for discussion questions at each chapter’s end. Instructors, especially ones t­ eaching the course online, noted how discussion questions encourage class participation and provide a way to gauge student understanding of chapter material. They also make good assignments for the online students. I have tried to develop them as true items for discussion rather than as essay questions that may be more appropriate for an exam. Suggested essay questions are provided in the Instructor’s Manual and Test Bank. General Web Sites: New to this edition is an Appendix with an annotated list of Web sites that can be helpful to students seeking information for group projects, classroom presentations, and research papers. Key Changes In The Sixth Edition Subsequent editions of criminal justice textbooks are often necessary to update statistics, changes in law, modifications in procedures, and to include, increase, or decrease information about ­particular topics. All those reasons are relevant to the sixth edition of this book. Actually, a ­revision to a book that covers justice systems around the world is especially necessary because xiii xiv Preface of the changes constantly occurring on one continent or another. There have actually been quite significant changes on the world scene since the fifth edition. Important new laws and legislation are having significant impact on the administration of justice in several countries and appropriate sections of the chapters have been modified in this edition to account for those changes. Pedagogical improve ... Purchase answer to see full attachment