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Comparative Criminal Justice Systems

Comparative Criminal Justice Systems. AN AMERICAN PERSPECTIVE on CRIMINAL LAW CHAPTER THREE Reichel. A Justice Paradigm (In Western Nations). Two essential ingredients are: Laws (Substantive) & Enforcement (Procedural). THE LAW IS DEFINED AS :. A body of rules;

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Comparative Criminal Justice Systems

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  1. Comparative Criminal Justice Systems AN AMERICAN PERSPECTIVE on CRIMINAL LAW CHAPTER THREE Reichel

  2. A Justice Paradigm (In Western Nations) Two essential ingredients are: Laws (Substantive) & Enforcement (Procedural)

  3. THE LAW IS DEFINED AS: A body of rules; Enacted by public officials; In a legitimate manner; Enforced by the state.

  4. Two Types of Criminal Law Substantive Law & Procedural Law

  5. 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.

  6. General Characteristics Politicality Specificity Uniformity Penal Sanction Major Principles Mens rea* Actus reus Concurrence Harm Causation Punishment Legality * (Criminal responsibility) Substantive Law

  7. 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.

  8. 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

  9. The Rights of the Accused • Prevention and crime controlversus 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.

  10. 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.

  11. 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 individual’s 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 TWO MODEL COMPARISON

  12. 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. TWO MODEL COMPARISONcont’d

  13. 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 Examples of the Two Models

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

  15. Questions How do content, context, and time affect laws? How does the definition of “unlawful combatant” affect procedural law? How do you think America’s response to terrorism compares to other Western Nations?

  16. 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?

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