An Introduction to Comparative Legal Models of Criminal Justice

An Introduction to Comparative Legal Models of Criminal Justice
Author: Cliff Roberson
Publisher: CRC Press
Total Pages: 257
Release: 2016-01-15
Genre: Law
ISBN: 1498746292

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Updated to reflect changes in the criminal justice systems in several countries, An Introduction to Comparative Legal Models of Criminal Justice, Second Edition explores and illustrates the idea that a country‘s legal model determines the character of its police, corrections, and legal system. It focuses on how law shapes policing, including how it

Models of Criminal Procedure System

Models of Criminal Procedure System
Author: Ruihua Chen
Publisher: Springer Nature
Total Pages: 335
Release: 2022-10-01
Genre: Law
ISBN: 981193651X

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This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process’s malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.

The Limits of the Criminal Sanction

The Limits of the Criminal Sanction
Author: Herbert Packer
Publisher: Stanford University Press
Total Pages: 404
Release: 1968-06-01
Genre: Social Science
ISBN: 9780804780797

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The argument of this book begins with the proposition that there are certain things we must understand about the criminal sanction before we can begin to talk sensibly about its limits. First, we need to ask some questions about the rationale of the criminal sanction. What are we trying to do by defining conduct as criminal and punishing people who commit crimes? To what extent are we justified in thinking that we can or ought to do what we are trying to do? Is it possible to construct an acceptable rationale for the criminal sanction enabling us to deal with the argument that it is itself an unethical use of social power? And if it is possible, what implications does that rationale have for the kind of conceptual creature that the criminal law is? Questions of this order make up Part I of the book, which is essentially an extended essay on the nature and justification of the criminal sanction. We also need to understand, so the argument continues, the characteristic processes through which the criminal sanction operates. What do the rules of the game tell us about what the state may and may not do to apprehend, charge, convict, and dispose of persons suspected of committing crimes? Here, too, there is great controversy between two groups who have quite different views, or models, of what the criminal process is all about. There are people who see the criminal process as essentially devoted to values of efficiency in the suppression of crime. There are others who see those values as subordinate to the protection of the individual in his confrontation with the state. A severe struggle over these conflicting values has been going on in the courts of this country for the last decade or more. How that struggle is to be resolved is a second major consideration that we need to take into account before tackling the question of the limits of the criminal sanction. These problems of process are examined in Part II. Part III deals directly with the central problem of defining criteria for limiting the reach of the criminal sanction. Given the constraints of rationale and process examined in Parts I and II, it argues that we have over-relied on the criminal sanction and that we had better start thinking in a systematic way about how to adjust our commitments to our capacities, both moral and operational.

Comparative and International Criminal Justice Systems

Comparative and International Criminal Justice Systems
Author: Obi N. I. Ebbe
Publisher: CRC Press
Total Pages: 326
Release: 2013-05-13
Genre: Law
ISBN: 1466560339

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Comparative and International Criminal Justice Systems: Policing, Judiciary, and Corrections, Third Edition examines the history, dynamics, structure, organization, and processes in the criminal justice systems in a number of selected countries. Designed for courses in comparative criminal justice systems, comparative criminology, and international criminal law, it explores systems in the United States, Ireland, Israel, Argentina, Sierra Leone, China, Russia, and Poland. A descriptive and quantitative analysis of criminal justice processes, this text goes beyond a mere analysis of individual systems. Instead, the book compares these criminal justice models with each other and contrasts them with: United Nations conventions World Courts of Justice International Court of Justice International Military Tribunal International Criminal Tribunal International Criminal Court Understanding these comparisons is crucial for a proper grasp of transnational crimes. The book shows how the national criminal justice systems and the United Nations judicial systems complement each other when adjudicating transnational crimes in the international community. It analyzes the nature of crime and criminal law, explores basic theories of crime, and discusses the various sources of international law. It also examines the inherent pitfalls in comparing international crime rates and discusses terrorism and its control. Unique to this edition is a thorough, unbiased study of the Islamic justice system. Each chapter focuses on a select region and includes crime data and arrest, prosecution, and conviction rates where appropriate. This allows readers looking for information on the criminal justice systems of any part of the world to easily find the relevant section. A sound approach to understanding the laws of various nations, and international, criminal, and humanitarian laws, this volume provides sage insight into the sociological explanations of criminal law and crime.

Model Codes for Post-conflict Criminal Justice

Model Codes for Post-conflict Criminal Justice
Author: Vivienne M. O'Connor
Publisher: US Institute of Peace Press
Total Pages: 544
Release: 2007
Genre: Law
ISBN: 9781601270122

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Accompanying CD-ROMs contains the text of vol. 1. and vol. 2.

Comparative Criminal Justice Systems

Comparative Criminal Justice Systems
Author: Erika Fairchild
Publisher: Wadsworth Publishing Company
Total Pages: 316
Release: 1993
Genre: Education
ISBN:

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COMPARATIVE CRIMINAL JUSTICE SYSTEMS is a topical approach to the subject rather than a countryby-country approach. This approach allows the author to explore historical, political, economic, social and cultural influences on various criminal justice systems around the world. The author uses six main countries as "model" countries to give specific examples within each chapter. Every chapter ends with a summary, questions for discussion and suggestions for further reading.

The Machinery of Criminal Justice

The Machinery of Criminal Justice
Author: Stephanos Bibas
Publisher: Oxford University Press
Total Pages: 320
Release: 2012-02-28
Genre: Law
ISBN: 0190236760

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Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the price of sacrificing softer values, such as reforming defendants and healing wounded victims and relationships. In other words, the U.S. legal system has bought quantity at the price of quality, without recognizing either the trade-off or the great gulf separating lawyers' and laymen's incentives, values, and powers. In The Machinery of Criminal Justice, author Stephanos Bibas surveys the developments over the last two centuries, considers what we have lost in our quest for efficient punishment, and suggests ways to include victims, defendants, and the public once again. Ideas range from requiring convicts to work or serve in the military, to moving power from prosecutors to restorative sentencing juries. Bibas argues that doing so might cost more, but it would better serve criminal procedure's interests in denouncing crime, vindicating victims, reforming wrongdoers, and healing the relationships torn by crime.

Modeling Criminal Justice System

Modeling Criminal Justice System
Author: Stuart S. Nagel
Publisher: SAGE Publications, Incorporated
Total Pages: 328
Release: 1977
Genre: Law
ISBN:

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