Comparative Criminal Justice Systems

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Comparative Criminal Justice Systems

• AN AMERICAN PERSPECTIVE on CRIMINAL LAW
• CHAPTER THREE
• Reichel

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A Justice Paradigm (In Western Nations)

• Two essential ingredients are
• Laws
• (Substantive)
• Enforcement
• (Procedural)

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• THE LAW IS
• DEFINED AS

• A body of rules
• Enacted by public officials
• In a legitimate manner
• Enforced by the state.

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Two Types of Criminal Law

• Substantive Law
• Procedural Law

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Substantive Law

• Law that deals with the content or substance of
  the law legal obligations.
• that part of law which creates, defines, and
  regulates rights (Blacks Law Dictionary).
• Criminal law examples include
• murder, robbery, and burglary.

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Substantive Law

• General Characteristics
• Politicality
• Specificity
• Uniformity
• Penal Sanction

• Major Principles
• Mens rea
• Actus reus
• Concurrence
• Harm
• Causation
• Punishment
• Legality
• (Criminal responsibility)

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Procedural Law

• Law that outlines the legal process
• from arrest through sentencing.
• An example is the trial process including the
  interaction of the courtroom workgroup.

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The Crime Control ModelversusThe Due Process
Model Herbert Packer (1968). These are two
separate value systems in the criminal justice
system which represent trends along a
continuum.Crime Control ?---------------------?
Due Process
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The Rights of the Accused

• Prevention and crime control versus protecting
  the individual liberties of the innocent.
• Due Process clauses of the Constitution limit
  arbitrariness of legislative and judicial
  authority (5th and 14th amendment).
• The Bill of Rights include individual protections
  within the context of criminal procedures.
• The Supreme Court is the final voice on the
  interpretation of the Bill of Rights and the
  specific requirements of due process. These
  interpretations tend to be revised over time.

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The Bill of Rights and Criminal Procedure

• Incorporation A legal doctrine in which the
  Supreme Court made provisions for all major
  protections to be extended to the states as well
  as the federal government (14th amendment).
• Major Protections Affecting Criminal Procedure
  Include
• 4th Amendment Unreasonable searches and
  seizures and the exclusionary rule.
• 5th Amendment Self-incrimination and double
  jeopardy.
• 6th Amendment Right to counsel and trial by
  jury.
• 8th Amendment Cruel and unusual punishment.

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TWO MODEL COMPARISON

• Crime Control Model
• Presumption of Guilt
• Priority is repression of criminal conduct
• Efficient assembly line system
• High rate of apprehension and conviction
• Focus is on the plea of guilt
• Premium on speed and finality
• Informal administrative fact finding

• Due Process Model
• Presumption of Innocence
• Priority is protecting the individuals rights
• Obstacle Course
• Based on formal structure of the law
• Adversarial fact finding process
• Demand for finality is low
• Insists on prevention and elimination of mistakes

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TWO MODEL COMPARISONcontd

• CRIME CONTROL MODEL
• Quantity Control
• Throws out cases which are in doubt at an early
  stage proceeds as fast as possible to convict
  the rest (factual guilt)
• Punishment
• Emphasizes Official Power
• Police Legislature
• Validating authority are the police and
  prosecutors
• Conservative approach law enforcement is
  hindered and criminals benefit from loopholes.

• DUE PROCESS MODEL
• Quality Control Protect the factually innocent
  convict the factually guilty
• Doctrine of legal guilt
• Rehabilitation
• Limits Official Power Judicial Constitutional
• Validating authority is judicial and the courts.
• Liberal approach crime is a product of
  socioeconomic factors.

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Examples of the Two Models

• Due Process Model
• Warren Court (1953-1969)
• Indeterminate Sentencing
• Right to Counsel for indigents and juveniles
• Exclusionary Rule
• Miranda Rights

• Crime Control Model
• Rehnquist Court (1986 Present).
• Determinate Sentencing
• Sentencing Guideline
• Three Strike Laws
• Patriot Act

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Question

• How does the law affect the following issues?
• Law Enforcement
• Courtroom workgroup
• Plea bargaining
• Sentencing

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Questions

• How do content, context,
• and time affect laws?
• How does the definition of
• unlawful combatant
• affect procedural law?
• How do you think Americas response to terrorism
  compares to other Western Nations?

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Questions

• How does JUSTICE fit into
• the law making process?
• And,
• Which is more important when considering laws,
  Rights of Individuals or the Common Good?