Comparative Criminal Justice Systems A Topical Approach

by Reichel, Philip L.

• ISBN13: 9780132457521
• ISBN10: 0132457520
• Edition: 6th
• Format: Paperback
• Copyright: 2012-05-14
• Publisher: Pearson

Summary

Designed to effectively explain the complexities of justice systems around the world, COMPARATIVE CRIMINAL JUSTICE SYSTEMS: A TOPICAL APPROACH, 6/emakes the comparative approach far more understandable and accessible, helping students recognize the growing importance of an international perspective. It organizes key concepts in a sequence that many students will already find familiar, progressing from issues of law to the agencies of police, courts, and corrections. Students will gain a realistic understanding of the many ways policing, adjudication, and corrections systems can be organized and operated. Unlike most competitive books, it contains coverage of more than 30 countries, offering insights into everything from Islamic legal tradition to recent criminal justice reforms in Japan. This edition's improvements include new coverage of the Eastern Asia legal tradition (e.g., China and Japan); Learning Objectives utilizing Bloom's taxonomy phrasing; and more visually appealing images throughout.

Table of Contents

CHAPTER 1: AN INTERNATIONAL PERSPECTIVE

Chapter Learning Objective

Countries in Focus

A. WHY STUDY THE LEGAL SYSTEM OF OTHER COUNTRIES?

1. Provincial Benefits of an International Perspective

2. Universal Benefits of an International Perspective

B. APPROACHES TO AN INTERNATIONAL PERSPECTIVE

1. Historical Approach

2. Political Approach

3. Descriptive Approach

C. STRATEGIES UNDER THE DESCRIPTIVE APPROACH

1. The Functions/Procedures Strategy

2. The Institutions/Actors Strategy

D. COMPARISON THROUGH CLASSIFICATION

1. The Need for Classification

2. Classification Strategies

3. The Role of Classification in This Book

E. THE STRUCTURE OF THIS BOOK

Summary

Discussion Questions

 

CHAPTER 2: DOMESTIC CRIME, TRANSNATIONAL CRIME, AND JUSTICE

Chapter Learning Objective

Countries in Focus

A. COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

1. Comparative Criminology Looks at Crime as a Social Phenomenon

2. Comparative Criminology Looks at Crime as Social Behavior

B. TRANSNATIONAL CRIME

1. Transnational Crime Types

C. RESPONSE TO TRANSNATIONAL CRIME

1. National Efforts: United States of America

2. International Efforts

Summary

Discussion Questions

 

CHAPTER 3: AN AMERICAN PERSPECTIVE ON CRIMINAL LAW

Chapter Learning Objective

Countries in Focus

A. ESSENTIAL INGREDIENTS OF JUSTICE SYSTEMS

1. Substantive Criminal Law

2. Procedural Criminal Law

B. LIBERTY, SAFETY, AND FIGHTING TERRORISM

1. The USA PATRIOT Act—Substantive and Procedural Law Issues

2. Is America's Reaction That Different?

Summary

Discussion Questions

 

CHAPTER 4: LEGAL TRADITIONS

Chapter Learning Objective

Countries in Focus

A. LEGAL SYSTEMS AND LEGAL TRADITIONS

B. TODAY’S FOUR LEGAL TRADITIONS

1. Common Legal Tradition

2. Civil Legal Tradition

3. Islamic (Religious/Philosophical) Legal Tradition

4. Eastern Asia (Hybrid) Legal Tradition

C. COMPARISON OF THE LEGAL TRADITIONS

1. Cultural Component

2. Substantive Component

3. Procedural Component

Summary

Discussion Questions

 

CHAPTER 5: SUBSTANTIVE LAW AND PROCEDURAL LAW IN THE FOUR LEGAL TRADITIONS

Chapter Learning Objective

Countries in Focus

A. SUBSTANTIVE CRIMINAL LAW

1. General Characteristics and Major Principles

2. Substantive Law in the Common Legal Tradition

3. Substantive Law in the Civil Legal Tradition

4. Substantive Law in the Islamic Legal Tradition

5. Substantive Law in the Eastern Asia Legal Tradition

B. PROCEDURAL CRIMINAL LAW

1. Adjudicatory Processes

2. Judicial Review

Summary

Discussion Questions

 

CHAPTER 6: AN INTERNATIONAL PERSPECTIVE ON POLICING

Chapter Learning Objective

Countries in Focus

A. CLASSIFICATION OF POLICE STRUCTURES

1. Centralized Single Systems: Ghana

2. Decentralized Single Systems: Japan

3. Centralized Multiple Coordinated Systems: France

4. Decentralized Multiple Coordinated Systems: Germany

5. Centralized Multiple Uncoordinated Systems: Spain

6. Decentralized Multiple Uncoordinated Systems: Mexico

B. POLICING ISSUES: POLICE MISCONDUCT

C. POLICING ISSUES: GLOBAL COOPERATION

1. International Criminal Police Organization (ICPO)—Interpol

2. Europol

3. Examples of Harmonization and Approximation in the European Union

Summary

Discussion Questions

 

CHAPTER 7: AN INTERNATIONAL PERSPECTIVE ON COURTS

Chapter Learning Objective

Countries in Focus

A. PROFESSIONAL ACTORS IN THE JUDICIARY

1. Variation in Legal Training

2. Variation in Prosecution

3. Variation in Defense

B. THE ADJUDICATORS

1. Presumption of Innocence

2. Professional Judges

3. Lay Judges and Jurors

4. Examples along the Adjudication Continuum

C. VARIATION IN COURT ORGANIZATION

1. France

2. England and Wales

3. Nigeria

4. China

5. Saudi Arabia

Summary

Discussion Questions

 

CHAPTER 8: AN INTERNATIONAL PERSPECTIVE ON CORRECTIONS

Chapter Learning Objective

Countries in Focus

A. COMPARATIVE PENOLOGY

1. Typologies for Comparative Penology

B. PUNISHMENT

1. Justifications for Punishment

2. International Standards for Corrections

C. FINANCIAL PENALTIES

1. Fines

2. Compensation to Victims and Community

D. CORPORAL AND CAPITAL PUNISHMENT

1. International Standards

2. Corporal Punishment

3. Capital Punishment

E. NONCUSTODIAL SANCTIONS

1. International Standards

2. Community Corrections

3. Probation

F. CUSTODIAL SANCTIONS

1. International Standards

2. Prison Populations

3. Prison Systems

4. Women in Prison

5. Minorities in Prison

Summary

Discussion Questions

 

CHAPTER 9: AN INTERNATIONAL PERSPECTIVE ON JUVENILE JUSTICE

Chapter Learning Objective

Countries in Focus

A. DELINQUENCY AS A WORLDWIDE PROBLEM

1. Setting International Standards

2. Determining Who Are Juveniles

3. Determining the Process

B. MODELS OF JUVENILE JUSTICE

1. The Welfare Model of New Zealand

2.  Italy: More Welfare than Justice Model

3.  China: More Justice than Welfare Model

4.  The Justice Model of England and Wales

Summary

Discussion Questions

 

CHAPTER 10: JAPAN: EXAMPLES OF EFFECTIVENESS AND BORROWING

Chapter Learning Objective

Countries in Focus

A. WHY STUDY JAPAN?

1. Japan's Effective Criminal Justice System

2. Borrowing in a Cross Cultural Context

B. JAPANESE CULTURAL PATTERNS

1. Homogeneity

2. Contextualism and Harmony

3. Collectivism

4. Hierarchies and Order

C. CRIMINAL LAW

1. Law by Bureaucratic Informalism

D. POLICING

1. Why Are the Japanese Police Effective?

E. JUDICIARY

1. Pretrial Activities

2. Court Structure and Trial Options

3. Judgments

F. CORRECTIONS

1. Community Corrections

G. COMING FULL CIRCLE

H. WHAT MIGHT WORK

Summary

Discussion Questions