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Comparative Criminal Justice Systems Philip L. Reichel

Comparative Criminal Justice Systems By Philip L. Reichel

Comparative Criminal Justice Systems by Philip L. Reichel


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Comparative Criminal Justice Systems Summary

Comparative Criminal Justice Systems: A Topical Approach by Philip L. Reichel

For courses in Comparative Criminal Justice Systems, Comparative Criminology, and Comparative Government.

Unique in its topical approach, this best-selling text examines systems of law, police, courts, and corrections by using more than 30 different countries to show the diversity in legal systems around the world. The book's organization allows instructors to cover the material in a familiar format (law, police, courts and corrections) and helps students understand the various ways policing, adjudication, and corrections systems can be organized and operated. This edition features more complete coverage of Islamic legal tradition, information on reform in Japan, more use of primary sources and updated material throughout.

Table of Contents

TABLE OF CONTENTS

CHAPTER 1: AN INTERNATIONAL PERSPECTIVE

WHY STUDY THE LEGAL SYSTEM OF OTHER COUNTRIES?

Provincial Benefits of an International Perspective

Universal Benefits of an International Perspective

Neighbor Cooperation

Multinational Cooperation

APPROACHES TO AN INTERNATIONAL PERSPECTIVE

Historical Approach

Political Approach

Descriptive Approach

STRATEGIES UNDER THE DESCRIPTIVE APPROACH

The Functions/Procedures Strategy

The Institutions/Actors Strategy

COMPARISON THROUGH CLASSIFICATION

The Need for Classification

Classification Strategies

The Role of Classification in This Book

THE STRUCTURE OF THIS BOOK

SUMMARY

DISCUSSION QUESTIONS

CHAPTER 2: CRIME, TRANSNATIONAL CRIME, AND JUSTICE

COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

Comparative Criminology Looks at Crime as a Social Phenomenon

Comparing Similar Data

Comparing over time

Using United Nations crime data

Comparative Criminology Looks at Crime as Social Behavior

Modernization Theories

Civilization Theory

World System Theory

Opportunity Theories

TRANSNATIONAL CRIME

Transnational Crime Types

Computer Crime

Corruption and Bribery of Public Officials, Party Officials, and Elected Representatives

Illicit Drug Trafficking

Money Laundering

Sea Piracy

Theft of Art and Cultural Objects

Trade in Human Body Parts

Trafficking in Persons

Terrorism

Domestic and International Terrorism

Terrorism Typologies

Communist/Socialist

Nationalist/Separatist

Religious

RESPONSE TO TRANSNATIONAL CRIME

National Efforts: USA

International Efforts

Interpol Responds to Transnational Crime

The United Nations Responds to Transnational Crime

SUMMARY

DISCUSSION QUESTIONS

CHAPTER 3: AN AMERICAN PERSPECTIVE ON CRIMINAL LAW

ESSENTIAL INGREDIENTS OF JUSTICE SYSTEMS

Substantive Criminal Law

General Characteristics of Criminal Law

Major Principles of Criminal Law

Procedural Criminal Law

Constitutional Provisions for the Criminal Process

Crime Control Model

Due Process Model

LIBERTY, SAFETY, AND FIGHTING TERRORISM

The USA PATRIOT ActSubstantive Law Issues

Section 206

Section 215

Section 213

Due Process and Terrorist SuspectsProcedural Law Issues

Is America's Reaction That Different?

SUMMARY

DISCUSSION QUESTIONS

CHAPTER 4: LEGAL TRADITIONS

LEGAL SYSTEMS AND LEGAL TRADITIONS

TODAY'S FOUR LEGAL TRADITIONS

Common Legal Tradition

Feudal Practices

Custom

Equity

Civil Legal Tradition

Roman Law

Canon Law

Codification

Socialist Legal Tradition

Russian Law

Law as Artificial

Marxism Leninism

Socialist Legal Tradition after the USSR's Demise

Islamic (Religious/Philosophical) Legal Tradition

The Qur'an and Sunna

Ijma and qiyas

Schools of law

COMPARISON OF THE LEGAL TRADITIONS

Cultural Component

Private and Public Law

Balance/Separation of Powers

Substantive Component

Primary Source of Common Law

Primary Source of Civil Law

Primary Source of Socialist Law

Primary Source of Islamic Law

Procedural Component

Flexibility in Common Law

Flexibility in Civil Law

Flexibility in Socialist Law

Flexibility in Islamic Law

SUMMARY

DISCUSSION QUESTIONS

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

SUBSTANTIVE CRIMINAL LAW

General Characteristics and Major Principles

Substantive Law in the Common Legal Tradition

Substantive Law in the Civil Legal Tradition

Substantive Law in the Socialist Legal Tradition

Substantive Law in Islamic Legal Tradition

Hudud Crimes

Qisas Crimes

Tazir Crimes

PROCEDURAL CRIMINAL LAW

Adjudicatory Processes

Inquisitorial Process

Adversarial Process

Contrasting Adversarial and Inquisitorial Processes

Procedural Law in the Islamic Legal Tradition

Judicial Review

Diffuse Model for Judicial Review

Concentrated Model for Judicial Review

Mixed Model for Judicial Review

Judicial Review in the Islamic and Socialist Traditions

SUMMARY

DISCUSSION QUESTIONS

CHAPTER 6: AN INTERNATIONAL PERSPECTIVE ON POLICING

CLASSIFICATION OF POLICE STRUCTURES

Centralized Single Systems: Ghana

Decentralized Single Systems: Japan

Centralized Multiple Coordinated Systems: France

Gendarmerie Nationale

Police Nationale

Decentralized Multiple Coordinated Systems: Germany

Centralized Multiple Uncoordinated Systems: Spain

Guardia Civil

Cuerpo Nacional de Policia

Policia Municipal

Uncoordinated Policing

Decentralized Multiple Uncoordinated Systems: Mexico

Federal policing

State policing

Municipal policing

Federal District policing

Reform attempts

POLICING ISSUES: POLICE MISCONDUCT

POLICING ISSUES: GLOBAL COOPERATION

International Criminal Police Organization (ICPO)Interpol

Europol

Examples of Harmonization and Approximation in the European Union

The Schengen Convention

The European Arrest Warrant

SUMMARY

DISCUSSION QUESTIONS

CHAPTER 7: AN INTERNATIONAL PERSPECTIVE ON COURTS

PROFESSIONAL ACTORS IN THE JUDICIARY

Variation in Legal Training

Variation in Prosecution

United States

France

England and Wales

Variation in Defense

THE ADJUDICATORS

Presumption of Innocence

Professional Judges

An Independent Judiciary

Becoming a Judge

Lay Judges and Jurors

Juries

Lay Judges

Examples along the Adjudication Continuum

Saudi Arabia

England

Germany

VARIATION IN COURT ORGANIZATION

France

Trial Level: Police Court

Trial Level: Correctional Courts

Trial Level: Assize Court

Appellate Level: Courts of Appeal

Appellate Level: Supreme Court of Appeal

England and Wales

Her Majesty's Court Service

Trial Level: Magistrates' Court

Trial Level: Crown Court

Appellate Level: Court of Appeal

Appellate Level: House of Lords

Nigeria

China

Saudi Arabia

SUMMARY

DISCUSSION QUESTIONS

CHAPTER 8: AN INTERNATIONAL PERSPECTIVE ON CORRECTIONS

COMPARATIVE PENOLOGY

Typologies for Comparative Penology

PUNISHMENT

Justifications for Punishment

International Standards for Corrections

International Agreements on Corrections

FINANCIAL PENALTIES

Fines

Day Fines

Examples from Sweden and Germany

Compensation to Victims and Community

Donation Penalties in Germany

CORPORAL AND CAPITAL PUNISHMENT

International Standards

Corporal Punishment

Capital Punishment

Retention and Abolition Around the World

Why the Variation in Acceptance?

The Role of Public Opinion

The Death Penalty in China

NONCUSTODIAL SANCTIONS

International Standards

Community Corrections

Probation

Probation's History Around the World

Probation Today

CUSTODIAL SANCTIONS

International Standards

Prison Populations

Prison Systems

South Africa

Brazil

India

Women in Prison

The Small Numbers of Women Prisoners

The Impact of Imprisoning Drug Offenders

Needs and Problems of Women Prisoners

Minorities in Prison

Disparity Around the World

SUMMARY

DISCUSSION QUESTIONS

CHAPTER 9: AN INTERNATIONAL PERSPECTIVE ON JUVENILE JUSTICE

DELINQUENCY AS A WORLDWIDE PROBLEM

Setting International Standards

Determining Who Are Juveniles

Determining the Process

MODELS OF JUVENILE JUSTICE

Welfare Model

New Zealand's version of the welfare model

Police response

Family Group Conference

Youth Court

Legalistic Model

Preliminary investigation

Preliminary hearing

Trial

Corporatist Model

Key agencies

Diversion options

Youth Court

Participatory Model

The importance of legal education

Other informal efforts

Formal procedures

SUMMARY

DISCUSSION QUESTIONS

CHAPTER 10: JAPAN: EXAMPLES OF EFFECTIVENESS AND BORROWING

WHY STUDY JAPAN?

Japan's Effective Criminal Justice System

Borrowing in a Cross Cultural Context

JAPANESE CULTURAL PATTERNS

Homogeneity

Contextualism and Harmony

Collectivism

Hierarchies and Order

CRIMINAL LAW

Law by Bureaucratic Informalism

POLICING

Why Are the Japanese Police Effective?

Deployment of Police Officers

The Citizen as Partner

Policing as Service

JUDICIARY

Pretrial Activities

Police Role

Prosecutor Role

Defense Attorney Role

Court Structure and Trial Options

Court Structure

Adjudication in Summary Courts

Adjudication with Modified Public Trials

Adjudication with Regular Trials

Judgments

CORRECTIONS

Community Corrections

Probation and Parole

Prison Sentences

COMING FULL CIRCLE

WHAT MIGHT WORK

SUMMARY

DISCUSSION QUESTIONS

Additional information

GOR011825329
9780132392549
0132392542
Comparative Criminal Justice Systems: A Topical Approach by Philip L. Reichel
Used - Good
Paperback
Pearson Education (US)
2007-04-19
496
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in good condition, but if you are not entirely satisfied please get in touch with us

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