Comparative Criminal Justice Systems

1. Comparative Criminal Justice Systems Dr. Mamdooh Abdelhameed (Ph.D., J.D) Professor of Police Science & Law

2. Chapter 1 An International Perspective

3. An International Perspective • Why Study the Legal System of Other Countries? Provincial Benefits of an International Perspective . Universal Benefits of an International Perspective . • The Influence Of The Country’s Statue In Criminal Justice System. Historical Approach Political Approach Economy Approach . Social Approach . Geographic Approach. Demographics Approach ٍ Transportation Approach. Communications Approach. • Comparison through Classification and descriptive . The Need for Classification . Classification Strategies . Descriptive strategies.

4. Why Study the Legal System of Other Countries? • . The study of criminal justice in other countries has specific benefits for our own justice system as well as for international relations :- 1 ) Provincial Benefits of an International Perspective 2 ) Universal Benefits of an International Perspective

5. 1 ) Provincial Benefits of an International Perspective • Because an International Perspectiveis still new in American Criminal Justice Curricula. • A comparative view allows us to understand better the dimension of our own system. • An International Perspective can furnish ideas to improve our system , a technique used in one country to combat crime might be successfully adapted for use in another country. • It is important to neighbor and multinational cooperation.

6. 2 ) Universal Benefits of an International Perspective • A global communications “ it is a small world ”. • In addition, an international perspective can suggest ideas to improve our system. • The presence and persistence of cross-national crimes including terrorism, hijacking, drug smuggling, and organized crime networks demand a cooperative international effort. • Such an effort is aided when citizens of different countries are familiar with, and try to understand and respect, the institutions and procedures of other countries.

7. Approaches to an International Perspective There are at least three ways to study different criminal justice system :- 1) Historical Approach. 2) Political Approach. 3) Descriptive Approach.

8. 1) Historical Approach. • What mistakes and successes have already occurred ? • What do earlier experiences tell us about the present? • How can knowledge of past prepare us for the future?

9. 2) Political Approach. • How does politics affect a nation’s justice system? • How does politics affect interaction among nations? • How is a country’s legal tradition affected by politics?

10. 3) Descriptive Approach. • How is country’s justice system supposed to operate? • What are the main components of a justice system? • Who are the main actors in a justice system?

11. The Influence Of The Country’s Statue In Criminal Justice System Economy Statue ٍ Social Statue Demographics Statue ٍ Geographic Statue ٍ Political Statue ٍ Transportation Statue Communications Statue

12. Demographics Statue 1) the Ethnic Groups . 2 ) Population: Population growth rate. Life expectancy at birth. Nationality. 3 ) languages: How many …..

13. Geographic Statue Location Weather or Climate Terrain Natural resources

14. Economy Statue Labor force: Labor force - by occupation: Industries: Industrial production growth rate: Currency: Exchange rates: Fiscal year:

15. Political Statue Government type: Capital: Administrative divisions: Legal system: Suffrage: Legislative branch: Judicial branch:

16. Communications Statue • Telephones - main lines in use: • Telephones - mobile cellular: • Internet country code: • Internet Service Providers (ISPs): • Internet users:

17. Transportation Statue Railways: Highways: Waterways: Ports and harbors: Airports: Heliports:

18. Social statue Customs and traditions. Religion. Literacy rate. Poverty line.

19. Elements Of This Influence 1 - Hiring 2 - Working at some departments. 3 - Prevent some people from working at criminal justice fields. 4 - Lower level jobs 5 - More interest in political crimes than social crimes. 6 - Philosophy of police work . 7 - Police organization system ( Centralized or decentralized ). 8 - Various criminal justice departments .

20. Chapter 2 Crime, Transnational Crime, and Justice

21. Crime, Transnational Crime, and Justice • How do domestic crime and transnational crime differ? • What do comparative criminologists study? • What do comparative criminal justice scholars study? • What are the main problems when comparing crime data from two or more countries? • What are some examples of transnational crime?

22. How do domestic crime and transnational crime differ? • The domestic crime and transnational crime ,count assuming they were reported and recorded . • Domestic crime and transnational crime provide the subject matter for the field of study known as comparative criminology.

23. COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE • Comparative studies in crime and justice cover two areas :- First is the area of comparative criminology for which interest is in the study of crime as a social phenomenon (the focus is more on the crime) and as social behavior (the focus is more on the offender). Second is comparative criminal justice with its interest in determining how various countries attempt to maintain social order and accomplish justice.

24. however, focuses on comparative criminology because : 1) a complete understanding of a county’s criminal justice system must include an appreciation of the country’s domestic crime and criminals. 2) the phenomenon of transnational crime propels much of today’s multinational cooperation, it behooves comparative criminal justice to understand transnational crime and criminals.

25. FRIST :COMPARATIVE CRIMINOLOGY LOOKS AT CRIME AS A SOCIAL PHENONMENON • When comparative criminologists study crime as a social phenomenon, they try to identify commonalities and differences in crime patterns among divergent cultures. • Criminologists seeking to compare crime in two or more countries encounter two primary problems: The first is to ensure that crime data from different countries have been defined, reported, and recorded in a similar manner. The second is compiling crime data in a manner that allows researchers to conveniently compare many different countries.

26. Comparing Similar Data • 1) In the absence of a universally agreed upon definitions of what constitutes a particular crime. there is always the chance that data on a specific crime in two countries do not actually compare similar acts.

27. 2 ) Statistics are Political Statements • The open announcement of a country’s crime statistics is often only after the information has been rigorously checked for both its “validity” and for the impression it creates. • At times, countries have made crime data available to the United Nations survey but have not provided that information to their own citizens.

28. 3 ) Problems in Defining, Reporting, and Recording : • Types of crime that seem comparable are often not (e.g., comparisons of homicide are confounded by how deaths from drunken driving are recorded). • Many crimes are not reported to the police. Some events reported and recorded as crimes may not actually be crimes, and some crimes reported are never officially recorded. • Decisions to record crimes may be affected by concerns about job evaluation measures.

29. 4 ) Comparison Problems • The structure and number of police personnel varies among the countries. • Whereas some countries count crimes when the police become aware of them, others count crimes only when the police forward them for prosecution.

30. 5 ) Varying Social Features Affect Crime Rates: • Countries where telephones are more common tend to report a higher proportion of crime. • Countries where household insurance is more developed report a higher proportion of crime. • Countries where police forces use more advanced technology tend to find a higher proportion of actual crime. • Countries with more available medical facilities may have lower homicide rates than countries with less accessible medical facilities.

31. 6 ) In addition to the problems presented by differences in legal definitions of crime, cross-national comparison of crime rates is hindered by the way crime is reported in countries.

32. 7 ) The willingness of victims to report crime is not the only factor affecting reporting rates. • Also important are factors such as accessibility to police so a report can be made : e.g., • the number of police stations or telephones, • the level of insurance coverage available • the level of trust that the public has for its police • the greater the difference in social, economic, and political context between countries, it is to make any comparison of their crime rates. For example, different social norms.

33. The result of all of this • The result of all of this is that crime statistics probably tell us as much about a country’s justice organization as about its crime rate.

34. Using Data Sets to Facilitate Comparison • Several organizations are making available some key statistics on crime and justice in countries around the world. • Especially important data sets today are those provided by : • Interpol, • the Council of Europe, • the United Nations Office on Drugs and Crime (UNDOC), • and United Nations Interregional Crime and Justice Research Institute (UNICRI). • the International Crime Victim Survey (ICVS), sponsored by UNICRI.

35. Crime and victimization data • The crime and victimization data available to comparative criminologists today provide a wealth of information. • As long as the necessary methodological cautions are understood and accounted for, scholars and practitioners will be able to compare crime occurrence, crime trends, victimizations, and other topics of importance for a more complete understanding of domestic crime. • As noted earlier, however, comparative criminology is also interested in advancing theoretical explanations of criminal behavior. Crime and victimization data are also necessary for that goal.

36. Second:Comparative Criminology Looks at Crime as Social Behavior • When looking at crime as social behavior, criminologists develop and test theories about crime’s etiology – that is, its causes, origins, and distribution. • Traditionally, those theories have been used to understand domestic crime in a particular country. • When theories about crime are developed and tested in or across two or more countries, criminology is more accurately called comparative criminology.

37. identify three general frameworks that are commonly employed as comparative criminologists attempt to explain the variation of crime rates among nations: • grand theories, • structural theories, • theories relying on demographic characteristics.

38. The crime and victim data sets are designed to measure the occurrence and reporting of criminal acts within a particular country. • Comparative criminologists then use that information to identify similarities and differences in crime types and occurrence (i.e., crime as a social phenomenon) or to extend our understanding of criminal behavior (i.e., crime as social behavior). • The twenty-first century brought a new, non-domestic, type of crime to intrigue and challenge criminologists. These transnational crimes are not confined to national borders but have impact across many nations.

39. Summary • Comparative criminology and comparative criminal justice are separated fields of study with overlapping interests. • This article focuses on comparative criminal justice and therefore it is especially interested in how the people and agencies in different countries go about accomplishing justice. • All justice systems operate in the context of those activities that a government has identified as criminal and those persons who engage in that behavior. • Criminology, more so than criminal justice, studies those crimes and criminals. Because criminology and criminal justice have some subject matter in common, it is appropriate for this comparative criminal justice article to par some attention to issues related to comparative criminology.

40. When comparative criminologists look at crime as a social phenomenon, they are trying to identify similarities and differences in crime patterns across countries. • They must be very careful when doing this because there are no universally agreed upon ways to define, report, and record crime. • However, with the cautious use of data sets that report crime and victimization rates from many countries, comparative criminologists are able to conduct research that can advance theoretical explanations for criminal behavior. • Examples of the explanations offered when comparative criminologists look at crime as social behavior are those categorized as grand theories.

41. Traditionally comparative criminologists have studied domestic crime patterns and behavior. The globalization of crime has brought an increased interest in crime that crosses national borders. • Comparative criminologists now find themselves studying such transnational crimes as money laundering, piracy, terrorism, and trafficking in persons.

42. Chapter 3 Perspective on Criminal Law

43. Perspective on Criminal Law WHAT TO LOOK FOR: • How are substantive criminal law and procedural criminal law different? • What are the general characteristics of the major principles of substantive law? • How do the crime control model and the due process model differ? • What impact has the war on terrorism had on issues of safety and liberty?

44. ESSENTIAL INGREDIENTS OF JUSTICE SYTEMS • Two problems need resolving before any society can implement an institutionalized pattern of criminal justice.: 1) the laws must be delineated. 2) the manner of enforcement must be specified. • The way a society revolves these problems involves the essential ingredients of any legal system.

45. An understanding of basic criminal law concepts is important for appreciating any country’s legal system. • The two essential ingredients to any justice system are substantive law and procedural law.

46. The former concerns the definition of rules, whereas the latter specifies their enforcement. • Substantive criminal law is made up of general characteristics that allow identification of some act as criminal and of major principles that determine whether a particular behavior is criminal. • Procedural criminal law is implemented through wither a crime control model or a due process mode

47. The Criminal Law The Procedural Law The Substantive Law

48. The Substantive Law • The first condition, requirements to qualify as a law, can be called the general characteristics of law. • The second condition, determining whether a particular behavior is criminal, comprises the major principles of law.

49. The Substantive Law General Characteristics Major Principles • mens rea • actus reus • concurrence • harm • causation • punishment • legality • Politically • Specificity • Uniformity • Penal sanction

50. the Procedural Law • Just as we can analyze two aspects of the definition of laws, we can also bifurcate the manner in which the rules are implemented. • The rules can be activated to emphasize repressing rule violation (crime control model) or to contain the system’s level of intrusion in the citizen’s life (due process model). • As Packer (1968) presents those two models, they are less bound to specific legal systems than are the characteristics and principles of criminal law. • Therefore, the comments that follow about procedural law are applicable to a wider range of legal systems than is the following analysis of substantive law.