Midterm part 2 Flashcards
England’s parliament?
The supreme power in England. Parliament consists of three parts: the monarch, the House of Lords, and the House of Commons.
The basic principles of the Criminal Law in France
the basic principles of the criminal law in Frane come from the 1789 Declaration of the Rights of Man and of the citizen. The penal code distinguishes crimes based on their seriousness, from serious felonies, to less serious felonies and misdemeanors called (delit), to violations (contraventions)
Which of the following is not a comparison between France and the United States?
They were developed after a revolution, are republican in style, and are rooted in a written constitution. Although France has moved to enhance the role of local systems of government, these systems remain embedded In a centralized form of government.
Germany govt and criminal justice system
Germany is one of the richest nations of the world. The country is divided into 16 states called Lander. Germany is a federal republic in which power is distributed between the federal government and state governments. The government contains executive, legislative, and judicial branches, much like the United States. Germany is bicameral (two-house) legislative branch that contains a lower house and principal chamber and an upper house or federal council.
Contemporary influences on the criminal justice system in Germany?
The problem of drugs and crime, the extensive immigration from bordering countries, and the related ethnic violence are three of the most important contemporary influences on the criminal justice system in Germany.
China’s centrally monitored criminal justice system?
China’s centrally monitored criminal justice system has four components: police, procuratorate, courts and corrections.
It includes a bill of rights similar to that in the United States and provides for Supreme Court with the right of Judicial review. Has 3 branches of government: Legislative, Executive, and Judicial
Japan’s constitution
deviance control function of the police
Deviance control refers to the police mission and tasks that enfoce community values and laws. Police personnel must protect citizens against law breakers such as those that steal or assault fellow citizens. This function is profoundly conservative in nature, protecting the community against nonconformists and trying to keep violators f community norms under control. Having direct contact with the community in the form of police-community relations or crime prevention programs may be a part of this function of reinforcing community values and discouraging criminal or other deviant behavior.
civil order control of police?
Civil order control refers to the duty of police to respond to, supervise, or control two or more citizens in any situation that may disrupt the peace and tranquility of a society. Civil order control differs from deviance control in that there often is a strong political component to the activities being controlled – actions that disturb the civil order may be extremely threatening to a government.
The major issue of concern for police in model countries?
England: was the responsibility of providing the security for the Olympics and Paralympics held in London in the summer of 2012. France: Civil order control is a major problem for the French police, probably more so than in any of our model countries. The French have a long history of taking to the streets to express their unhappiness about social and political issues. Germany: the large number of immigrants entering the country. China: The increase in drug use and trafficking and economic crimes such as corruption have been a major cause of concern. Japan: low crime rates, organized crimes. Saudi Arabia: A major challenge is how to balance the need for maintaining civil order within an Islamic system of Justice while staying within the bounds of international human rights standards.
Police become more formalized in China?
The Qin dynasty (221-207 B.C) was important because during this time policing became more formalized and bureaucratic, with a central administration and uniform laws.
Community policing examples?
Community policing is an umbrella term describing programs that represent collaborative effort between the police and the public to identify crime problems and then find solutions. Four key elements of community policing: Community-based crime prevention, Reorientation of patrol activities to emphasize non-emergency servicing, Accountability to the public, Decentralization of command. Zero tolerance policing is the strict enforcement of laws against minor offenses as a means of preventing more serious crimes.
Privatization of police
Private police can be defined as any independent or proprietary commercial organization that provides protective services to employers on a contractual basis. The most common forms of private policing are uniformed guards used to protect businesses and residences, to deliver money, or to protect private citizens. There are many reasons for the increase in private policing in recent years, including citizens who are more fearful of crime than they used to be, the decrease in governmental budgets for public policing while the number of places and opportunities for crime grows, and the growth and improved marketing strategies of security-related businesses.
Police Corruption discussed in the book?
Police corruption is describes when, “ in exercising or failing to exercise their authority, they act with the primary intention of furthering private or departmental/divisional advantage.” Commons forms of Police Corruption: Corruption of authority, kickbacks, opportunistic theft, shakedowns, protection of illegal activity, fixing, direct criminal activity, internal payoffs, ticket fixing, and hazing.
Formed by the United Nations in 1997. The 21 field offices and 500 employees of the UNODC serve in three areas: providing technical support to countries that wish to fight illegal drugs, crime, and terrorism; conducting and disseminating research about these issues; and assisting countries that wish to develop and ratify legislation and treaties regarding drugs, crime, and terrorism.
United Nations Office on Drugs and Crime
The third form of administering criminal procedure in the world is the popular system or mixed system, of justice. It is called “popular” because it is a system that calls for the popular participation of citizens who are not necessarily criminal justice professionals. Popular justice is the oldest of the procedural systems of justice, practiced long before the formation of modern societies, and it probably has its roots in the magical as well as group resolutions of community disputes. In most countries, popular justice has evolved to a fully acceptable system that has been integrated into the adversarial and inquisitorial systems. The best example of popular systems is the Anglo American jury trial system. The popular mixed system is used primary in the Civil law countries but is also found in Socialist and Common Law legal systems.
popular (mixed) system
a set of legal procedures used in Common Law countries to determine the truth during adjudication whereby the prosecution and defense counsel compete against each other while the judge ensures fairness and adherence to the rules.
Adversarial system
trial by jury?
Origins-right to be judged by one’s own peer’s dates back to concessions made by King John I to his nobles in the Magna Carta of 1215. Used less commonly then previously. United States-90% of criminal cases settled through plea bargain England- 58% of defendant’s in Crown Court cases plead guilty and 88% in magistrate’s court accept such a plea. In reality, trial by jury remains only a small part of the English Criminal Justice System.
pretrial investigation in France?
Civil law criminal procedures: Felonies are handled through the extensive process of pretrial investigation. French questioning is called garde a vue. The juge d’instrucion is the examining magistrate who is responsible for a complete and impartial investigation of the facts. The pretrial investigation in France involves the calling of witnesses on both sides, extensive gathering of facts and testimony, and careful questioning of the accused prior to a final decision to bring the case to trial.
Steps in a typical Chinese trial?
The Chinese practice resembles a non-judicial review. Refer to page 141 steps are there!
Criminal procedure in most Socialist countries
Criminal procedure in most Socialist Law countries is similar to, and derived from, criminal procedures in Civil law systems. (Pretrial Investigations)
Another alternative to judicial review is the establishment of a nonjudicial constitutional review agency to resolve issues of constitutionality.
non-judicial review
The constitutional council, not a court, reviews on request the constitutionality of legislation. Abstract review essentially means that the council gives advisory opinions rather than judgments in cases.
abstract review
The right to remain silent
provides the foundation for the adversarial system of criminal process found in Common Law countries. Since passage of the Criminal Justice and Public Order Act in 1994, the status of the right to silence in England has been altered. The right to remain silent remains at the heart of the Common Law criminal procedure. The Fifth Amendment refers to the right to remain silent.
constitutional review procedures
Judicial review is the power of a court to review actions and legal decisions made by those in the criminal justice system. Judicial review; No review; Nonjudicial review; and Judicial review with legislative approval
The accused agrees to plead guilty in return for various concessions, such as a lesser charge or a reduced sentence.
plea-bargaining
these courts and their decisions cross national boundaries and supposedly have a higher legal standing than decisions of courts in individual countries, they are often referred to as international or supranational courts. There are three general forms of supranational courts: International courts, supranational courts that are ad hoc tribunals, and internationalized courts (also called mixed tribunals or hybrid courts). The international Criminal Court (ICC), the international Criminal Tribunal for Yugoslaviam (ICTY) and the special Tribunal for Lebanon (STL), are examples in each of three forms of supranational courts.
Supranational courts
One of the forms of a supranational court. The international court is commonly known and accepted as internationally as legitimate. These include the International Court of Justice and the International Criminal Court.
International courts
The growing influence of international law and supranational courts are the best examples of the convergence of criminal procedure in the world today. Other frequently cited reasons for convergence include the failure of domestic systems of justice in the democratic countries; the increasing openness to global perspectives; and the many cultural, economic and political changes throughout the world.
Convergence
General Statistical Congress in Brussels(1853)
first attempt to collect data on crime at the international level
CTS- consists of four parts dealing primarily with statistical information about the main components of the criminal justice system. What are they?
Police, prosecution, courts, and prisons
Collects data on every incident and arrest within 22 offense categories made up of 46 specific crimes
National Incident- Based Reporting System(NIBRS)
Founded 2002; Netherlands
Adjudicates international crimes
International criminal court
proclaimed as values by the participants in the system
Professed Values
not openly proclaimed but nevertheless govern actions within the criminal justice system
Underlying Values
involves perverting the judicial or criminal justice process to achieve particular political ends, usually to punish enemies of the regime in power or to deter others from joining those enemies
Politicized justice
main reason for crime increases in recent years
Boryokudan
Police perform 2 major tasks:
deviance control and civil order control
- refers to the police mission and tasks that enforce community values and laws
Deviance control
police post located in an urban neighborhood; in large cities they can be found every couple blocks
Koban
