Comparative Criminal Justice

Comparative Criminal Justice

5th Edition
Chapter 1: Introduction

Adrianna Hughes

University of Scranton

Learning Objectives: Chapter 1

Distinguish international criminal justice from comparative criminal justice
Describe the value of comparing systems and issues of criminal justice
Discuss globalization and its effects on crime and criminal justice
Explore how countries have adopted methods from other to change how they practice criminal justice
Describe the purpose of the historical- political approach
Comparative Criminal Justice Systems

5th Edition

Comparative Criminal Justice

Investigates and evaluates a national system of justice in terms of other countries, cultures, or institutions
Key word: compare
Examines strengths and weaknesses of different approaches to : crime, law, and justice around the world.
Comparative criminology
study of the causes and correlates of crime in two or more cultures.
Comparative Criminal Justice Systems

5th Edition

International & Transnational Crimes

International

Crimes against the peace and security of mankind
Based on international agreements between countries, or legal precedents
Ex’s: genocide, torture, and enslavement of population
Transnational

Offenses whose inception, acts, and impact involve more than one country
Usually involve provision of illicit goods or infiltration of business or government
Comparative Criminal Justice Systems

5th Edition

International & Transnational Crimes: Continued

International

The International Criminal Court
Founded 2002; Netherlands
Adjudicates international crimes
Ex: President of Liberia: Charles Taylor
Aiding and abetting crimes
Transnational

Occurring more frequently as global communication and interaction increase
Ex: guns used in criminal enterprises smuggled from Mexico to US

• 2007-2011
  Counterfeit perfume sold in United States from China
  See: Table 1.1 for most common transnational crimes
  Comparative Criminal Justice Systems

5th Edition

International & Transnational Crimes: Continued

Comparative Criminal Justice Systems

5th Edition

Origins of Comparative Criminal Justice

Applies comparative methodologies used in law and political science to sociology and criminal justice
Origins
1700’s- “Age of Enlightenment”
Cesare Beccaria- considered first criminologist
Called for changes in Western European criminal justice
Such as elimination of torture, death penalty, and secret trials.
Comparative Criminal Justice Systems

5th Edition

Origins of Comparative Criminal Justice Continued

1800’s
Others such as Jeremy Bentham and Emile Durkheim begin to conduct cross- national studies of crime
Criminal Justice Professionals start researching issue of cross-national crime
General Statistical Congress, International Congress on the Prevention and Repression of Crime, and First International Police Congress
First large scale attempts to collect data on international crime.
Comparative Criminal Justice Systems

5th Edition

Origins of Comparative Criminal Justice Continued

1960’s
United Nations created the Crime Prevention and Criminal Justice Branch
Other International Organizations involved in collecting data on international crime and justice issues include
International Criminal Police Organization (Interpol)
World Health Organization- (WHO)
International Crime Victim Surveys –(ICVS)
Comparative Criminal Justice Systems

5th Edition

Origins of Comparative Criminal Justice Continued

National Institute of Justice (NIJ)- is the research, development, and evaluation agency of the U.S. Department of Justice.
NIJ developed an International Center in 1998
Stimulates and facilitates research and evaluation on transnational crime and justice issues
Circulates knowledge gained on these issues throughout the international and national criminal justice communities
Comparative Criminal Justice Systems

5th Edition

Why Compare Criminal Justice Issues and Systems?

Comparisons lie at the foundation of all our thinking
Key element in Critical thinking- purposeful mental activity which permits us to examine the relative strength of evidence, arguments, and alternative courses of conduct
3 ways to engage in critical thinking
Determine what is known about an issue, and ask ourselves why we think that way- Ex: position on death penalty
Seek out opposite side of story: understand other positions
Objectively weigh the evidence and different opinions and then make a decision based on the available evidence
Comparative Criminal Justice Systems

5th Edition

Why Compare Criminal Justice Issues and Systems?

3 Reasons to compare systems

1. To Benefit from the experience of others
2. To broaden our understanding of different cultures and approaches to problems
3. To help us deal with the many transnational crime problems that effect our world today
   Comparative Criminal Justice Systems

5th Edition

To Benefit from the Experience of Others

What we learn from other countries and how they deal with criminal justice issues, helps us to develop hypotheses that will help us begin to solve problems related to crime
Japan has a much lower crime rate than U.S
Japan credits their police methods for low crime rate- most notably community policing
Also, kobans-small local police stations
Many U.S cities such as Atlantic City, Detroit, and Houston, have modified the Japanese methods and use them in their own police operations
Comparative Criminal Justice Systems

5th Edition

To Benefit from the Experience of Others

Many countries adopted rules of criminal procedure that were created by others
Right to counsel at an early stage of the criminal justice process – becoming nearly universal
Many countries have adopted entire legal codes from other countries
Napoleonic code
German Civil code
These codes have had great influence on the development of legal and criminal justice systems throughout the world
Comparative Criminal Justice Sy