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Comparative Criminal Comparative Criminal Justice SystemsJustice Systems

Dr. Mamdooh Abdelhameed Dr. Mamdooh Abdelhameed (Ph.D., J.D)(Ph.D., J.D)

Professor of Police Science & LawProfessor of Police Science & Law

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Chapter 1Chapter 1

An International PerspectiveAn International Perspective

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An International PerspectiveAn International Perspective

Why Study the Legal System of Other Countries? Why Study the Legal System of Other Countries? Provincial Benefits of an International Perspective .Provincial Benefits of an International Perspective . Universal Benefits of an International Perspective .Universal Benefits of an International Perspective .

The Influence Of The Country’s Statue In Criminal Justice System.The Influence Of The Country’s Statue In Criminal Justice System. Historical Approach Historical Approach Political ApproachPolitical Approach Economy Approach .Economy Approach . Social Approach .Social Approach . Geographic Approach.Geographic Approach. Demographics ApproachDemographics Approach ٍٍ Transportation Approach.Transportation Approach. Communications Approach.Communications Approach.

Comparison through Classification and descriptive . Comparison through Classification and descriptive . The Need for Classification . The Need for Classification . Classification Strategies . Classification Strategies . Descriptive strategies. Descriptive strategies.

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Why Study the Legal System of Other Why Study the Legal System of Other Countries? Countries?

. The study of criminal justice in other . The study of criminal justice in other countries has specific benefits for our countries has specific benefits for our own justice system as well as for own justice system as well as for international international relations relations :- :-

1 ) Provincial Benefits of an 1 ) Provincial Benefits of an International Perspective International Perspective

2 ) Universal Benefits of an 2 ) Universal Benefits of an International Perspective International Perspective

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1 ) Provincial Benefits of an International 1 ) Provincial Benefits of an International Perspective Perspective

Because an International PerspectiveBecause an International Perspective is still new in is still new in American Criminal Justice Curricula.American Criminal Justice Curricula.

A comparative view allows us to understand better the A comparative view allows us to understand better the dimension of our own system. dimension of our own system.

An International Perspective can furnish ideas to An International Perspective can furnish ideas to improve our system , a technique used in one country to improve our system , a technique used in one country to combat crime might be successfully adapted for use in combat crime might be successfully adapted for use in another country.another country.

It is important to neighbor and multinational cooperation. It is important to neighbor and multinational cooperation.

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2 ) Universal Benefits of an International 2 ) Universal Benefits of an International Perspective Perspective

A global communications “ it is a small world ”.A global communications “ it is a small world ”.

In addition, an international perspective can suggest In addition, an international perspective can suggest ideas to improve our system.ideas to improve our system.

The presence and persistence of cross-national The presence and persistence of cross-national

crimes including terrorism, hijacking, drug crimes including terrorism, hijacking, drug smuggling, and organized crime networks demand a smuggling, and organized crime networks demand a cooperative international effort. cooperative international effort.

Such an effort is aided when citizens of different Such an effort is aided when citizens of different countries are familiar with, and try to understand countries are familiar with, and try to understand and respect, the institutions and procedures of other and respect, the institutions and procedures of other countries. countries.

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Approaches to an International PerspectiveApproaches to an International Perspective

There are at least three ways to study There are at least three ways to study different criminal justice system :-different criminal justice system :-

1) Historical Approach. 1) Historical Approach. 2) Political Approach. 2) Political Approach. 3) Descriptive Approach.3) Descriptive Approach.

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1) Historical Approach.1) Historical Approach.

What mistakes and successes have What mistakes and successes have already occurred ?already occurred ?

What do earlier experiences tell us What do earlier experiences tell us about the present?about the present?

How can knowledge of past prepare us How can knowledge of past prepare us for the future?for the future?

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2) Political Approach.2) Political Approach.

How does politics affect a nation’s How does politics affect a nation’s justice system?justice system?

How does politics affect interaction How does politics affect interaction among nations?among nations?

How is a country’s legal tradition How is a country’s legal tradition affected by politics? affected by politics?

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3) Descriptive Approach.3) Descriptive Approach.

How is country’s justice system supposed to How is country’s justice system supposed to operate?operate?

What are the main components of a justice What are the main components of a justice system?system?

Who are the main actors in a justice system?Who are the main actors in a justice system?

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The Influence Of The Country’s Statue In Criminal The Influence Of The Country’s Statue In Criminal Justice SystemJustice System

Political StatuePolitical Statue ٍٍ ٍٍ

Demographics Demographics StatueStatue ٍٍ

Geographic StatueGeographic Statue ٍٍ

Social Statue Social Statue Economy StatueEconomy Statue ٍٍ

Transportation Transportation StatueStatue

Communications ٍStatueCommunications ٍStatue

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Demographics StatueDemographics Statue

1) the Ethnic Groups . 1) the Ethnic Groups .

2 ) Population:2 ) Population: Population growth rate. Life expectancy at birth. Nationality.

3 ) languages3 ) languages:: How many …..How many …..

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Geographic StatueGeographic Statue

Location WeatherWeather or ClimateTerrainNatural resources

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Economy StatueEconomy StatueLabor force:Labor force - by occupation:Industries:Industrial production growth rate:Currency:Exchange rates:Fiscal year:

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Political StatuePolitical StatueGovernment type:Capital:Administrative divisions:Legal system:Suffrage:Legislative branch:Judicial branch:

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Communications StatueCommunications Statue

Telephones - main lines in use: Telephones - mobile cellular: Internet country code: Internet Service Providers (ISPs): Internet users:

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Transportation StatueTransportation Statue

Railways:Highways:Waterways:Ports and harbors:Airports:Heliports:

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Social statueSocial statue

Customs and traditions.Customs and traditions.Religion.Religion.Literacy rate.Literacy rate.Poverty line. Poverty line.

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Elements Of This InfluenceElements Of This Influence

1 - Hiring 1 - Hiring 2 - Working at some departments.2 - Working at some departments.3 - Prevent some people from working at 3 - Prevent some people from working at

criminal justice fields.criminal justice fields.4 - Lower level jobs 4 - Lower level jobs 5 - More interest in political crimes than 5 - More interest in political crimes than

social crimes.social crimes.6 - Philosophy of police work .6 - Philosophy of police work .7 - Police organization system ( Centralized or 7 - Police organization system ( Centralized or

decentralized ). decentralized ). 8 - Various criminal justice departments .8 - Various criminal justice departments .

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Chapter 2Chapter 2

Crime, Transnational Crime, Crime, Transnational Crime, and Justiceand Justice

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Crime, Transnational Crime, and Crime, Transnational Crime, and JusticeJustice

How do domestic crime and transnational How do domestic crime and transnational crime differ?crime differ?

What do comparative criminologists study?What do comparative criminologists study? What do comparative criminal justice What do comparative criminal justice

scholars study?scholars study? What are the main problems when comparing What are the main problems when comparing

crime data from two or more countries?crime data from two or more countries? What are some examples of transnational What are some examples of transnational

crime?crime?

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How do domestic crime and transnational How do domestic crime and transnational crime differ?crime differ?

The domestic crime and transnational The domestic crime and transnational crime ,count assuming they were crime ,count assuming they were reported and recorded .reported and recorded .

Domestic crime and transnational Domestic crime and transnational crime provide the subject matter for the crime provide the subject matter for the field of study known as field of study known as comparative comparative criminology.criminology.

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COMPARATIVE CRIMINOLOGY AND CRIMINAL COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICEJUSTICE

Comparative studies in crime and justice Comparative studies in crime and justice cover two areas :-cover two areas :-

FirstFirst is the area of comparative is the area of comparative criminology for which interest is in the study criminology for which interest is in the study of crime as a social phenomenon (the focus of crime as a social phenomenon (the focus is more on the crime) and as social behavior is more on the crime) and as social behavior (the focus is more on the offender). (the focus is more on the offender).

SecondSecond is comparative criminal justice is comparative criminal justice

with its interest in determining how various with its interest in determining how various countries attempt to maintain social order countries attempt to maintain social order and accomplish justice. and accomplish justice.

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however, focuses on comparative however, focuses on comparative criminology because :criminology because :

1) a complete understanding of a county’s 1) a complete understanding of a county’s

criminal justice system must include an criminal justice system must include an appreciation of the country’s domestic appreciation of the country’s domestic crime and criminals. crime and criminals.

2) the phenomenon of transnational crime 2) the phenomenon of transnational crime

propels much of today’s multinational propels much of today’s multinational cooperation, it behooves comparative cooperation, it behooves comparative criminal justice to understand criminal justice to understand transnational crime and criminals. transnational crime and criminals.

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FRIST :FRIST :COMPARATIVE CRIMINOLOGY LOOKS AT COMPARATIVE CRIMINOLOGY LOOKS AT

CRIME AS A SOCIAL PHENONMENONCRIME AS A SOCIAL PHENONMENON

When comparative criminologists study crime as a When comparative criminologists study crime as a social phenomenon, they try to identify social phenomenon, they try to identify commonalities and differences in crime patterns commonalities and differences in crime patterns among divergent cultures.among divergent cultures.

Criminologists seeking to compare crime in two or Criminologists seeking to compare crime in two or more countries encounter two primary problems: more countries encounter two primary problems:

The firstThe first is to ensure that crime data from is to ensure that crime data from different countries have been defined, reported, and different countries have been defined, reported, and recorded in a similar manner. recorded in a similar manner.

The secondThe second is compiling crime data in a manner is compiling crime data in a manner that allows researchers to conveniently compare that allows researchers to conveniently compare many different countries. many different countries.

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Comparing Similar DataComparing Similar Data

1) In the absence of a universally 1) In the absence of a universally agreed upon definitions of what agreed upon definitions of what constitutes a particular crime.constitutes a particular crime.

there is always the chance that data there is always the chance that data on a specific crime in two countries do on a specific crime in two countries do not actually compare similar acts.not actually compare similar acts.

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2 ) Statistics are Political Statements2 ) Statistics are Political Statements

The open announcement of a country’s crime The open announcement of a country’s crime statistics is often only after the information has been statistics is often only after the information has been rigorously checked for both its “validity” and for the rigorously checked for both its “validity” and for the impression it creates. impression it creates.

At times, countries have made crime data At times, countries have made crime data available to the United Nations survey but have not available to the United Nations survey but have not provided that information to their own citizens. provided that information to their own citizens.

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3 ) Problems in Defining, Reporting, and 3 ) Problems in Defining, Reporting, and Recording :Recording :

Types of crime that seem comparable Types of crime that seem comparable are often not (e.g., comparisons of homicide are often not (e.g., comparisons of homicide are confounded by how deaths from drunken are confounded by how deaths from drunken driving are recorded).driving are recorded).

Many crimes are not reported to the Many crimes are not reported to the police.police.

Some events reported and recorded as Some events reported and recorded as crimes may not actually be crimes, and some crimes may not actually be crimes, and some crimes reported are never officially recorded.crimes reported are never officially recorded.

Decisions to record crimes may be Decisions to record crimes may be affected by concerns about job evaluation affected by concerns about job evaluation measures.measures.

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4 ) Comparison Problems4 ) Comparison Problems

The structure and number of The structure and number of police personnel varies among the police personnel varies among the countries.countries.

Whereas some countries Whereas some countries count crimes when the police count crimes when the police become aware of them, others become aware of them, others count crimes only when the police count crimes only when the police forward them for prosecution. forward them for prosecution.

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5 ) Varying Social Features Affect Crime Rates:5 ) Varying Social Features Affect Crime Rates:

Countries where telephones are more Countries where telephones are more common tend to report a higher proportion of crime.common tend to report a higher proportion of crime.

Countries where household insurance is Countries where household insurance is more developed report a higher proportion of crime.more developed report a higher proportion of crime.

Countries where police forces use more Countries where police forces use more advanced technology tend to find a higher advanced technology tend to find a higher proportion of actual crime.proportion of actual crime.

Countries with more available medical Countries with more available medical facilities may have lower homicide rates than facilities may have lower homicide rates than countries with less accessible medical facilities. countries with less accessible medical facilities.

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

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7 ) The willingness of victims to report crime is 7 ) The willingness of victims to report crime is not the only factor affecting reporting rates. not the only factor affecting reporting rates.

Also important are factors such as accessibility Also important are factors such as accessibility to police so a report can be made :to police so a report can be made :

e.g.,e.g., the number of police stations or telephones,the number of police stations or telephones, the level of insurance coverage available the level of insurance coverage available the level of trust that the public has for its the level of trust that the public has for its

policepolice the greater the difference in social, economic, the greater the difference in social, economic,

and political context between countries, it is to and political context between countries, it is to make any comparison of their crime rates. For make any comparison of their crime rates. For example, different social norms. example, different social norms.

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The result of all of thisThe result of all of this

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

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Using Data Sets to Facilitate ComparisonUsing Data Sets to Facilitate Comparison

Several organizations are making available some key Several organizations are making available some key statistics on crime and justice in countries around statistics on crime and justice in countries around the world.the world.

Especially important data sets today are those Especially important data sets today are those provided by :provided by :

Interpol, Interpol, the Council of Europe,the Council of Europe, the United Nations Office on Drugs and Crime the United Nations Office on Drugs and Crime

(UNDOC), (UNDOC), and United Nations Interregional Crime and Justice and United Nations Interregional Crime and Justice

Research Institute (UNICRI).Research Institute (UNICRI). the the International Crime Victim SurveyInternational Crime Victim Survey (ICVS), (ICVS),

sponsored by UNICRI.sponsored by UNICRI.

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Crime and victimization dataCrime and victimization data The crime and victimization data available to The crime and victimization data available to

comparative criminologists today provide a wealth comparative criminologists today provide a wealth of information. of information.

As long as the necessary methodological cautions As long as the necessary methodological cautions are understood and accounted for, scholars and are understood and accounted for, scholars and practitioners will be able to compare crime practitioners will be able to compare crime occurrence, crime trends, victimizations, and other occurrence, crime trends, victimizations, and other topics of importance for a more complete topics of importance for a more complete understanding of domestic crime. understanding of domestic crime.

As noted earlier, however, comparative criminology As noted earlier, however, comparative criminology is also interested in advancing theoretical is also interested in advancing theoretical explanations of criminal behavior. Crime and explanations of criminal behavior. Crime and victimization data are also necessary for that goal. victimization data are also necessary for that goal.

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Second:Second:Comparative Criminology Looks at Crime Comparative Criminology Looks at Crime

as Social Behavioras Social Behavior

When looking at crime as social behavior, When looking at crime as social behavior, criminologists develop and test theories criminologists develop and test theories about crime’s etiology – that is, its causes, about crime’s etiology – that is, its causes, origins, and distribution. origins, and distribution.

Traditionally, those theories have been used Traditionally, those theories have been used to understand domestic crime in a particular to understand domestic crime in a particular country. country.

When theories about crime are developed When theories about crime are developed and tested in or across two or more and tested in or across two or more countries, criminology is more accurately countries, criminology is more accurately called called comparative criminology.comparative criminology.

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identify three general frameworks identify three general frameworks that are commonly employed as that are commonly employed as comparative criminologists attempt comparative criminologists attempt to explain the variation of crime to explain the variation of crime rates among nations: rates among nations:

grand theories, grand theories, structural theories, structural theories, theories relying on demographic theories relying on demographic

characteristics. characteristics.

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The crime and victim data sets are designed The crime and victim data sets are designed to measure the occurrence and reporting of to measure the occurrence and reporting of criminal acts within a particular country. criminal acts within a particular country.

Comparative criminologists then use that Comparative criminologists then use that information to identify similarities and information to identify similarities and differences in crime types and occurrence differences in crime types and occurrence (i.e., crime as a social phenomenon) or to (i.e., crime as a social phenomenon) or to extend our understanding of criminal extend our understanding of criminal behavior (i.e., crime as social behavior). behavior (i.e., crime as social behavior).

The twenty-first century brought a new, non-The twenty-first century brought a new, non-domestic, type of crime to intrigue and domestic, type of crime to intrigue and challenge criminologists. These challenge criminologists. These transnational crimes are not confined to transnational crimes are not confined to national borders but have impact across national borders but have impact across many nations. many nations.

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SummarySummary Comparative criminology and comparative criminal justice are Comparative criminology and comparative criminal justice are

separated fields of study with overlapping interests. separated fields of study with overlapping interests.

This article focuses on comparative criminal justice and This article focuses on comparative criminal justice and therefore it is especially interested in how the people and therefore it is especially interested in how the people and agencies in different countries go about accomplishing justice. agencies in different countries go about accomplishing justice.

All justice systems operate in the context of those activities All justice systems operate in the context of those activities that a government has identified as criminal and those persons that a government has identified as criminal and those persons who engage in that behavior. who engage in that behavior.

Criminology, more so than criminal justice, studies those Criminology, more so than criminal justice, studies those crimes and criminals. Because criminology and criminal crimes and criminals. Because criminology and criminal justice have some subject matter in common, it is appropriate justice have some subject matter in common, it is appropriate for this comparative criminal justice article to par some for this comparative criminal justice article to par some attention to issues related to comparative criminology. attention to issues related to comparative criminology.

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When comparative criminologists look at crime as a When comparative criminologists look at crime as a social phenomenon, they are trying to identify similarities social phenomenon, they are trying to identify similarities and differences in crime patterns across countries. and differences in crime patterns across countries.

They must be very careful when doing this because They must be very careful when doing this because there are no universally agreed upon ways to define, there are no universally agreed upon ways to define, report, and record crime. report, and record crime.

However, with the cautious use of data sets that report However, with the cautious use of data sets that report crime and victimization rates from many countries, crime and victimization rates from many countries, comparative criminologists are able to conduct research comparative criminologists are able to conduct research that can advance theoretical explanations for criminal that can advance theoretical explanations for criminal behavior. behavior.

Examples of the explanations offered when comparative Examples of the explanations offered when comparative criminologists look at crime as social behavior are those criminologists look at crime as social behavior are those categorized as grand theories.categorized as grand theories.

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Traditionally comparative criminologists Traditionally comparative criminologists have studied domestic crime patterns and have studied domestic crime patterns and behavior. The globalization of crime has behavior. The globalization of crime has brought an increased interest in crime that brought an increased interest in crime that crosses national borders. crosses national borders.

Comparative criminologists now find Comparative criminologists now find themselves studying such transnational themselves studying such transnational crimes as money laundering, piracy, crimes as money laundering, piracy, terrorism, and trafficking in persons. terrorism, and trafficking in persons.

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Chapter 3Chapter 3

Perspective on Criminal LawPerspective on Criminal Law

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Perspective on Criminal LawPerspective on Criminal Law

WHAT TO LOOK FOR:WHAT TO LOOK FOR: How are substantive criminal law and procedural How are substantive criminal law and procedural

criminal law different?criminal law different?

What are the general characteristics of the major What are the general characteristics of the major principles of substantive law?principles of substantive law?

How do the crime control model and the due process How do the crime control model and the due process model differ?model differ?

What impact has the war on terrorism had on issues What impact has the war on terrorism had on issues of safety and liberty?of safety and liberty?

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ESSENTIAL INGREDIENTS OF JUSTICE ESSENTIAL INGREDIENTS OF JUSTICE SYTEMSSYTEMS

Two problems need resolving before any society can Two problems need resolving before any society can implement an institutionalized pattern of criminal implement an institutionalized pattern of criminal justice.:justice.:

1) the laws must be delineated. 1) the laws must be delineated.

2) the manner of enforcement must be specified. 2) the manner of enforcement must be specified.

The way a society revolves these problems involves The way a society revolves these problems involves the essential ingredients of any legal system.the essential ingredients of any legal system.

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An understanding of basic criminal law An understanding of basic criminal law concepts is important for appreciating concepts is important for appreciating any country’s legal system. any country’s legal system.

The two essential ingredients to any The two essential ingredients to any justice system are substantive law and justice system are substantive law and procedural law.procedural law.

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The former concerns the definition of rules, The former concerns the definition of rules, whereas the latter specifies their enforcement. whereas the latter specifies their enforcement.

Substantive criminal law is made up of Substantive criminal law is made up of general characteristics that allow identification general characteristics that allow identification of some act as criminal and of major of some act as criminal and of major principles that determine whether a particular principles that determine whether a particular behavior is criminal. behavior is criminal.

Procedural criminal law is implemented Procedural criminal law is implemented through wither a crime control model or a due through wither a crime control model or a due process mode process mode

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The Criminal LawThe Criminal Law

The Substantive LawThe Procedural Law

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The first condition, requirements to The first condition, requirements to qualify as a law, can be called the qualify as a law, can be called the general characteristics of lawgeneral characteristics of law. .

The second condition, determining The second condition, determining whether a particular behavior is whether a particular behavior is criminal, comprises the criminal, comprises the major major principles of lawprinciples of law. .

The Substantive Law

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The Substantive Law

Major PrinciplesGeneral Characteristics

•mens rea•actus reus•concurrence•harm•causation•punishment•legality

•Politically•Specificity•Uniformity•Penal sanction

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Just as we can analyze two aspects of the definition of Just as we can analyze two aspects of the definition of laws, we can also bifurcate the manner in which the laws, we can also bifurcate the manner in which the rules are implemented.rules are implemented.

The rules can be activated to emphasize repressing The rules can be activated to emphasize repressing rule violation (crime control model) or to contain the rule violation (crime control model) or to contain the system’s level of intrusion in the citizen’s life (due system’s level of intrusion in the citizen’s life (due process model). process model).

As Packer (1968) presents those two models, they are As Packer (1968) presents those two models, they are less bound to specific legal systems than are the less bound to specific legal systems than are the characteristics and principles of criminal law. characteristics and principles of criminal law.

Therefore, the comments that follow about procedural Therefore, the comments that follow about procedural law are applicable to a wider range of legal systems law are applicable to a wider range of legal systems than is the following analysis of substantive law.than is the following analysis of substantive law.

the Procedural Law

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the Procedural Law

Crime Control Model Due Process Model

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1) Crime Control Model

1 - Assumes freedom is so important that every effort must be made to repress crime.

2 - Seeks to make decisions that will identify factual guilt.

3 - Follows rules that emphasize the repression of criminal activity.

4 - Emphasizes efficiency of action (i.e., speed and finality).

5 - Requires a high rate of apprehension and conviction by early exclusion of those not likely to by guilty.

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2) Due Process Model2) Due Process Model

1 - Assumes freedom is so important that every effort 1 - Assumes freedom is so important that every effort must be made to ensure that government intrusion must be made to ensure that government intrusion follows legal procedure.follows legal procedure.

2 - Seeks to make decisions that will identify legal 2 - Seeks to make decisions that will identify legal guilt.guilt.

3 - Follows rules that emphasize containing the 3 - Follows rules that emphasize containing the government’s level of intrusion into citizens’ lives.government’s level of intrusion into citizens’ lives.

4 - Emphasizes legitimacy of action.4 - Emphasizes legitimacy of action.

5 - Insists on a formal, adjudicative, adversarial fact-5 - Insists on a formal, adjudicative, adversarial fact-finding process, even though such restraints may finding process, even though such restraints may keep the process from operating with maximal keep the process from operating with maximal efficiency.efficiency.

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Each model seeks to guarantee social freedom. One does so by Each model seeks to guarantee social freedom. One does so by emphasizing efficient processing of wrongdoers, whereas the other emphasizing efficient processing of wrongdoers, whereas the other emphasizes effective restrictions on government invasion in the emphasizes effective restrictions on government invasion in the citizen’s life. citizen’s life.

The crime control model asks who is the greater threat to our The crime control model asks who is the greater threat to our freedom, the criminal trying to harm us or our property? freedom, the criminal trying to harm us or our property?

The due process model answers that government agents such as The due process model answers that government agents such as police officers and prosecutors are the threat. police officers and prosecutors are the threat.

Although each of these models seeks to ensure the social freedom Although each of these models seeks to ensure the social freedom of citizens, they emphasize different, and often conflicting, ways to of citizens, they emphasize different, and often conflicting, ways to achieve that goal. achieve that goal.

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Chapter 4Chapter 4

Legal TraditionsLegal Traditions