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Comparative Criminal Justice Systems : A Topical Approach,9780131131590
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Comparative Criminal Justice Systems : A Topical Approach

by
Edition:
4th
ISBN13:

9780131131590

ISBN10:
0131131591
Format:
Paperback
Pub. Date:
1/1/2005
Publisher(s):
Prentice Hall

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Summary

Since the first EDITION of this book the topic of comparative and international criminal justice has enjoyed increased attention by AUTHORs, journals and professional organizations in criminology and criminal justice. Consistent with these changes, more graduate and undergraduate courses are being taught with comparative issues as the primary subject matter. New to the Fourth EDITION: bull; bull;Chapter Two has been completely restructured to cover the increasing importance of transnational crime. bull;Chapter Three has been greatly expanded to include a section on "liberty, safety, and fighting terrorism" bull;Chapter Eight has been completely revised to provide an emphasis on types of sanctions rather than simply describing prison systems. Two new pedagogical features have been added: bull; bull;What to Look For: Beginning each chapter are bulleted items that direct the student's attention to the key topics that will be covered in the chapter. bull;Web Projects: these projects are scattered throughout each chapter and can be used as assignments by instructors or simply as interesting sites for students to visit.

Table of Contents

Preface xiii
An International Perspective
1(32)
Why Study the Legal System of Other Countries?
3(10)
Provincial Benefits of an International Perspective
4(2)
Universal Benefits of an International Perspective
6(7)
Approaches to an International Perspective
13(4)
Historical Approach
13(2)
Political Approach
15(1)
Descriptive Approach
16(1)
Strategies under the Descriptive Approach
17(6)
The Functions/Procedures Strategy
17(2)
The Institutions/Actors Strategy
19(4)
Comparison Through Classification
23(5)
The Need for Classification
23(1)
Classification Strategies
24(3)
The Role of Classification in This Book
27(1)
The Structure of This Book
28(3)
Summary
31(1)
Suggested Readings
31(2)
Crime, Transnational Crime, and Justice
33(39)
Comparative Criminology and Criminal Justice
34(13)
Comparative Criminology Looks at Crime as a Social Phenomenon
35(10)
Comparative Criminology Looks at Crime as Social Behavior
45(2)
Transnational Crime
47(15)
Transnational Crime Types
48(7)
Terrorism
55(7)
Response to Transnational Crime
62(8)
National Efforts
62(4)
Regional Efforts
66(1)
International Efforts
67(3)
Summary
70(1)
Suggested Readings
71(1)
An American Perspective on Criminal Law
72(32)
Essential Ingredients of Justice Systems
73(21)
Substantive Criminal Law
75(8)
Procedural Criminal Law
83(11)
Liberty, Safety, and Fighting Terrorism
94(8)
The USA Patriot Act---Substantive Law Issues
94(2)
Due Process and Terrorist Suspect---Procedural Law Issues
96(5)
Is America's Reaction That Different?
101(1)
Summary
102(1)
Suggested Readings
103(1)
Legal Traditions
104(45)
Legal Systems and Legal Traditions
105(4)
Today's Four Legal Traditions
109(27)
Common Legal Traditions
111(6)
Civil Legal Tradition
117(6)
Socialist Legal Tradition
123(6)
Islamic (Religious/Philosophical) Legal Tradition
129(7)
Comparison of the Legal Traditions
136(11)
Cultural Component
137(4)
Substantive Component
141(2)
Procedural Component
143(4)
Summary
147(1)
Suggested Readings
148(1)
Substantive Law and Procedural Law in the Four Legal Traditions
149(40)
Substantive Criminal Law
150(14)
General Characteristics and Major Principles
150(4)
Substantive Law in the Common Legal Tradition
154(2)
Substantive Law in the Civil Legal Tradition
156(3)
Substantive Law in the Socialist Legal Tradition
159(2)
Substantive Law in the Islamic Legal Tradition
161(3)
Procedural Criminal Law
164(23)
Adjudicatory Processes
166(9)
Judicial Review
175(12)
Summary
187(1)
Suggested Readings
188(1)
An International Perspective on Policing
189(42)
Classification of Police Structures
191(29)
Centralized Single Systems: Nigeria
193(3)
Decentralized Single Systems: Japan
196(4)
Centralized Multiple Coordinated Systems: France
200(7)
Decentralized Multiple Coordinated Systems: Germany
207(4)
Centralized Multiple Uncoordinated Systems: Spain
211(4)
Decentralized Multiple Uncoordinated Systems: Mexico
215(5)
Policing Issues: Police Misconduct
220(3)
Policing Issues: Global Cooperation
223(6)
International Criminal Police Organization (ICPO)---Interpol
223(3)
Europol
226(1)
Examples of Harmonization and Approximation in the European Union
227(2)
Summary
229(1)
Suggested Readings
230(1)
An International Perspective on Courts
231(53)
Professional Actors in the Judiciary
233(14)
Variation in Legal Training
233(3)
Variation in Prosecution
236(8)
Variation in Defense
244(3)
The Adjudicators
247(17)
Presumption of Innocence
250(1)
Professional Judges
251(3)
Lay Judges and Jurors
254(3)
Examples along the Adjudication Continuum
257(7)
Variation in Court Organization
264(18)
France
266(4)
England
270(3)
Nigeria
273(3)
China
276(4)
Saudi Arabia
280(2)
Summary
282(1)
Suggested Readings
283(1)
An International Perspective on Corrections
284(45)
Sentencing Options
285(6)
Justifications for Punishment
287(1)
Overview of Typical Options
288(1)
International Standards for Corrections
289(2)
Financial Penalties
291(5)
Fines
291(3)
Compensation of Victims and Community
294(2)
Corporal and Capital Punishment
296(10)
International Standards
296(1)
Corporal Punishment
297(3)
Capital Punishment
300(6)
Noncustodial Sanctions
306(6)
International Standards
306(1)
Community Corrections
307(1)
Probation
308(4)
Custodial Sanctions
312(16)
International Standards
312(2)
Prison Populations
314(2)
Prison Systems
316(4)
Women in Prison
320(4)
Racial and Ethnic Minorities in Prison
324(4)
Summary
328(1)
Suggested Readings
328(1)
An International Perspective on Juvenile Justice
329(29)
Delinquency as a Worldwide Pattern
331(5)
Setting International Standards
333(1)
Determining Who Are Juveniles
334(1)
Determining the Process
335(1)
Models of Juvenile Justice
336(20)
Welfare Model
337(5)
Legalistic Model
342(3)
Corporatist Model
345(6)
Participatory Model
351(5)
Summary
356(1)
Suggested Readings
357(1)
Japan: Examples of Effectiveness and Borrowing
358(47)
Why Study Japan?
360(4)
Japan's Effective Criminal Justice System
360(1)
Borrowing in a Cross-Cultural Context
361(3)
Japanese Cultural Patterns
364(5)
Homogeneity
365(1)
Contextualism and Harmony
366(1)
Collectivism
366(1)
Hierarchies and Order
367(2)
Criminal Law
369(4)
Law by Bureaucratic Informalism
372(1)
Policing
373(5)
Why Are the Japanese Police Effective?
Judiciary
378(16)
Pretrial Activities
383(4)
Defense Attorney Role
387(1)
Trial Options
388(5)
Judgments
393(1)
Corrections
394(5)
History
394(1)
Community Corrections
395(4)
Coming Full Circle
399(1)
What Might Work
400(3)
Summary
403(1)
Suggested Readings
404(1)
References 405(26)
Index 431

Excerpts

Since the first edition of this book, the topic of comparative and international criminal justice has enjoyed increased attention by authors, journals, and professional organizations in criminology and criminal justice. Consistent with those changes, more undergraduate and graduate courses are being taught with comparative justice issues as the primary subject matter. These changes are, of course, to everyone's benefit. 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. This organization distinguishes the text from other comparative criminal justice books that present detailed information on five or six 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 procedure, their similarity makes us less aware of the variation occurring in that process when other countries are considered. Luckily, there is an alternate means for presenting information on law, poli6e, 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. The first chapter provides the rationale for studying other systems of justice and sets down the specific approach used in this text. The second chapter 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 impacts both substantive and procedural law. Chapter 4 presents the 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 Europe, Asia, North and South America, Latin America, Australia, and Pacific islands are included in the coverage. Some make frequent appearances (e.g., Austra


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