Comparative Criminal Justice Systems Midterm

Political Culture vs. Politicized Justice

- Administration of Justice is the responsibility of the State thus reflects the culture of the people - Germany emphasizes adherence to rules (legalism) - Japan values community welfare over individual rights - US Constitution allows for separation of powers in the judicial branch, Chinese constitution does not

Case Based Law

- Biblical Story of King Solomon

Civil Law vs. Civil Law Family

- Civil Law is another name for Private Law - Civil Law Family refers to the entire legal structure of a nation that uses this tradition. Also called Roman Law, Continental, or Romano-Germanic Law because of it's origins. This family of law is the most pervasive legal tradition in the world.

Global Concerns for Police Operations

- Community Policing - Diversity - Privatization

Why does the US have such a high crime rate?

- Compared to other countries, American crime problem focused in violent crimes like robbery and murder. - Question arises about the general lack of respect for authority found in the U.S. from the 1960's forward. - Increases seen from the "Age of Aquarius" through the increase in the use of crack and powder cocaine. - Impact of historical origins: founding fathers, revolutionary war, western expansion and Indian wars. - Violence as one of the distinguishing characteristics of the American South. - Constitutional right to bear arms coupled with easy access to guns (especially handguns).

Why measure crime and compare crime data?

- Crime is universal there is no country without deviant behavior classified as crime - determination of "risk of crime" - the probability that certain crimes will occur and their potential for harm

Police Perspective on Crime Data

- Data is reported by the police to the FBI via the UCR (Uniform Crime Report), voluntary reporting, limited range of offenses Part 1(felonies) and Part 2 (less serious offenses) hierarchy rule - National Incident - Based Reporting System (NIBRS) broadens report options. 22 offense categories made up of 46 specific crimes. Picks up information about crime, victim, and perpetrators. 43/50 states certified for program use

Why does Saudi Arabia have a low crime rate?

- Great wealth per capita despite not being a developed nation. - Much of the population is nomadic Bedouins, who are not likely to use formal, state-supported systems to solve legal problems. - Use of harsh corporal punishment based on philosophy of retribution. - Assumption that Saudis commit fewer crimes because of their devotion to the Qur'an and its teachings.

Shared Notions of Justice

- Int'l Criminal Court originated in response to the int'l human rights movement when the UN adopted the Universal Declaration of Human Rights. Especially wanted to address incidents like the Holocaust. -When member nations ratify agreements from the UN, they commit to enforcing the specified laws -There are 9 core international human rights instruments which were negotiated to spell out rights and obligations of member nations regarding human rights.

Code Based Law

- Moses and 10 Commandments

Homicide Rates

- Problems persist in definitions and counts especially in developing nations - developing nations do not always have the reosurces to count or classify deaths systematically -developing nations often have higher homicide rates than developed countries - Highest homicide rates: Southern Africa, South America, Central America - Lowest homicide rates: Central, Southeastern, and Western Europe, and Eastern Asia

The Offender Perspective

- Self Report Surveys: gather information about potential offenders, particularly useful with juvenile offenders, - picks up information about "Victimless crimes" such as drug use and prostitution - not likely to be used in cross national comparisons due to limited size and duration - Exception is the Int'l Self-Report on Delinquency (ISRD) used to compare juvenile crime in 12 European locations and the US - Documents that vast majority of juveniles violate the law most do not go on to become adult criminals

The Victim's Perspective

- Whenever there's a crime there is a victim - US utilizes the NCVS covers 76,000 households/135,000 individuals -total # of crimes experienced exceeds number reported - improves knowledge of dark figure of crime( amt of crime occurring but unknown to police or general public - improves knowledge of criminal behavior and the effect of crime on victims

Major finding from ICVS

- countries with highest victimization rates are a mix of developed and developing countries, poverty is not a major contributor to crime rates Lowest rates of victimization: Spain, Japan, Hungary, Portugal, Austria, France, Greece, and Italy

Criminal Law

- defines major and minor offenses against the state. The state has the obligation to see that justice is done; to prevent retaliation; and ensure public order.

Public Law

- developed by modern states through a regulatory process - deals with relations between government and citizens - examples: constitutional, criminal, environmental, and tax laws.

Why does Japan have the least amount of crime?

- island nation - accumulation of individual wealth supported by national involvement in social welfare and industrial development - Japanese culture stresses group norms, suppression of individualism, suspicion of outsiders, harmony, and conflict avoidance. Strong emphasis on security and rules with informal, local groups that form in the community, at work, and at school/university - This approach contrasts with strong individualism found in the U.S. Resulting in a weakening of emphasis on crime prevention and heavy reliance in punishment.

indigenous laws

- native laws of persons who originate from or live in a particular area. (chthonic laws for people who live in close harmony with the earth.) - In the U.S., indigenous law is practiced by Native Americans on reservations - In Nigeria, most serious crimes are tried in federal courts run in the English tradition, but lesser offenses are heard by tribal courts based on native laws and customs.

Int'l Crime Data

- no standardization among countries on how crimes are recorded b/c of differences in criminal codes and definitions of various crimes - "developing country" has a low level of material and social development as measured by income per person, life experience, literacy rate. -Majority of the world's countries are "developing countries" - "developed country" : those with a high level of material and social development - interpol began collecting crime data in 1950

Hybrid Legal Tradition

- one that combines elements of more than one legal tradition Examples: Japan, Egypt, the Philippines, and South Africa

Importance of International Measurement

- provides info as to why some nations are more successful in controlling crime than others

Private Law (or Civil Law)

- regulates behavior between individuals without involving public interest - EX: inheritances, wills, marriage, private property matters.

Common Law

- relies heavily on precedent to shape legal precedent - French and German legal codes have been instrumental - more ancient and difficult than French or German systems - King Henry II = father of Common Law, established a centralized system of courts, commonly used procedures and rules for handling cases - Judicial independence: allowed judges to be bound by the law rather than by the desires of the ruler: Hallmark of Common Law - Equity Courts: developed when Kings Courts became rigid in application of the law. Some cases appealed directly to the King - Equity procedures helped people bring cases to court without having to use the Common Law system. - From Equity Courts, we get Writ of Mandamus (direction to perform one's duties) and Injunctions (court orders designed to prevent harms that might occur before a case can move through the system.) - Equity Courts no longer used in England or the U.S. - William Blackstone's Commentaries is the first compilation of all of the laws in effect in England at the time of the writing. - Common Law addressed both tort law*(civil offense) and criminal offenses. - Addressed most of the criminal procedure set out in the 4th, 5th, 6th, and 8th Amendments to the U. S. Constitution. - Guidelines for Habeas Corpus (bring forth the body to question incarceration) adapted from Common Law. - Statutory Law has been used to codify and update case-based Common Law. For example: O.C.G.A. specifies illegal actions in Georgia and prescribes punishments for those crimes. - Eventually, legislatures replaced a case-based system for establishing rules for criminal procedure. -Today, U. S. and English Judges continue to make law built on fixed statutory or constitutional guidelines. - Examples include the Mapp v. Ohio decision that evidence obtained through an illegal search violates 4th Amendment protection against unreasonable search. This meant that the Exclusionary Rule, previously applied in Federal cases extended to the states via legal precedent. -In Common Law countries, the traditions of precedent and historically developed procedural forms continue to flourish. Even impacting legal education. -Legal process relies on public participation via juries - a concept absent in Civil Law countries. - Examples of Countries that practice the Common Law Legal Tradition: United States, Australia, New Zealand, India, Canda

Legal Tradition/ Legal Family

- the cultural and historical foundations of a given system. Typical systems: civil law, common law, sacred law, socialist law - Most typical form of borrowing is to combine Common and Civil Law systems.

Civil Law: Cannon and Commercial Law

-Cannon Law developed in the Roman Catholic church to deal with church and spiritual matters. Claimed authority in divine law as decreed by the Pope and administered by ecclesiastical or church courts with trained priests presiding. -Influential in Western laws relating to marriage, family life and property contracts. -As trade increased in Europe during the Middle Ages, use of Commercial Law increased (dealing with trade between nations). Eventually fell into disuse. - Exampled of Countries that practice Civil Law: Belgium, Chile, France, Italy, Portugal, Spain

Civil Code: German Influence

-Germany developed its own civil code (1900) that was much longer, more academic, and more complex than the Napoleonic Code. -Intended to develop a philosophy of law and provide a rational basis for legal development. Pulled together indigenous law from newly unified groups in Germany

The Socialist Law

-Has origins in socialism(offshoot of communism): a system characterized by an absence of classes and by common ownership of the means of production and livelihood. -Major proponent = Karl Marx. "To each according to his need; from each according to his ability." -In a truly equal society there would be no need for criminal law or the "state" as people would self regulate since property would be jointly owned by everyone in the community. -Rose to prominence under Joseph Stalin who used the new code to consolidate his power. Resulted in large bureaucracy because the law tried to govern every aspect of the Russian citizen's home and work life. -Socialist Law remains important because: -Many citizens of the former Soviet regime still remember and are comfortable with the process -Adopted by the most populous country in the world - China. -People's Republic of China officially established in 1949 when Mao Zedong and fellow Communists gained full control of the Nationalist Party. -After Mao's death in 1976, new leader Deng Xiaoping promoted new goals centered around modernization in a number of areas. -China currently attempting to develop a new system of criminal justice that can combine its commitment to Socialism; its cultural tradition of Confucianism, and recognize China's standing as a commercial power. - Examples of countries that practice socialist law: China, Cuba, North Korea, Vietnam

Importance of French and German Civil Codes

-Helped during industrialization and the increase in worldwide commerce. -A common legal code helped to unify new nations coming on line and may serve as a guide to today's emerging nations. May guide former members of the Soviet Union. Initially in place in Iran, but dropped in favor of Islamic Law. -Continues to provide a common denominator for international private law transactions throughout the world.

Islamic Law

-Islamic Law practiced by countries that follow the Q'uran -Islamic Law and based on two primary sources: -the Shari'a - literally translated as " the Way" and taken from the Qur'an;" and -the Sunnah- the practices, habits, and sayings of Muhammad, the prophet of Islam, when he spoke to issues not directly addressed in the Qur'an. Practicing countries include: Iran, Pakistan, the Sudan, Libya, and Saudi Arabia. - Because Islamic Law is not the established law as supported by a government to enforce its sanctions, it depends on voluntary obedience from religious adherents - 4 Major Schools of Islamic Law that come from religious leaders who lived in different areas or who faced different problems after the death of the Prophet Mohammad. •Hanafi - primary legal tradition I Iraq. •Hanbali- primary legal tradition of Saudi Arabia. •Maliki •Shafi'I •Under Shari'a Law, crimes are categorized according to whether they are offenses against God (Hudud crimes) or crimes against others and society (Tazirat or Tesar crimes). •Crimes against God are very serious and seen as a violation of the "natural law." These laws include theft, robbery, blasphemy, rebellion, defamation of the prophet Mohammad, adultery, fornication, and sodomy. The State initiates prosecution. •Tesar crimes include murder, manslaughter, and assault. •If the crime threatens a family's livelihood (e.g. property theft), quesas (retribution) or diya (compensation or fines) may be required as part of the punishment. The "blood money" will be given to the victim's family. Victims or heirs may bring a complaint and serve as prosecutors. •Shari' a court differ from Common or Civil Law courts. •Sanctions are often harsh and depend on corporal and capital punishment. Imprisonment is the punishment of last resort. • Theft is punished by imprisonment or amputation of the hands or feet depending on offenders record. •Adultery would be considered a crime against God and would be punished by death. •Some aspects of the Law discriminate against women who cannot count as witnesses for certain crimes. Marriage and divorce issues are difficult for women to bring forward as female citizens.

Civil Law: French Influence

-Napoleonic Code developed in 1804. Emperor Napoleon defeated the British and threw out all previous laws, establishing a new order. -First set of modern laws. -Consisted of 2,281 rules intended to be easy to understand and available to all citizens. (Placed on the shelf next to the Bible) -Napoleon noted for impact on criminal law and Code Penal of 1810. Harsh penalties for law breakers intended to serve as deterrent to future delinquency. -Because of French legal heritage, Louisiana retained many elements of the Napoleonic Code. Over time, Louisiana has adopted more of the Common Law tradition.

Politicized Justice

-Occurs when the judicial system is perverted in order to achieve particular political ends or punish the enemies of those in power - Generally designed to deter to deter others from some action or thought pattern Ex: Tianamen Square, Chicago 7, Civil Rights Movement

Basic Values in the Criminal Justice System

-Professed Values: proclaimed as values by the participants in the criminal justice system ex: state's responsibility to prove guilt, Heart of US System - Underlying Values: not openly proclaimed but still govern actions within the criminal justice system ex: Quran frowns upon drug and alcohol use crimes involving these are dealt with extremely harshly

Difference b/t Civil and Socialist Law

-Public Law/Private Law: The concept of Economic Crimes against the state = charges for a worker who fails to work in an acceptable manner. (Socialist Law) -Role of the Procurator: works on behalf of the government. Fills all of the case roles (investigator, prosecutor, and trier of fact). (Civil Law). See Table 3.5 -Political v. Nonpolitical Law: concept of Prerogative Law: overriding principal is the importance of the collective v. the individual. Reasons of State may allow setting aside criminal procedure in order to neutralize any threat to the State. (Socialist Law) -Independence of the Judiciary: Chinese judges appointed by a standing committee of court and can be removed or replaced by another member of that committee. Thus, Judges are tools of political leaders. Where there is a conflict between the State and the individual, the State always wins! (Socialist Law)

Sacred Law

-Religious teachings have always played a role in developing and enforcing the law - whether Civil Law or Common Law; however, none of the bodies of law reviewed thus far claims to have the force of a religion behind it. -Teachings of the early Christian church (Ten Commandments) and Cannon Law have been included in Civil and Common Law. -Examples of Sacred Law/Common Law connections include India (Hinduism: adherence to correct behavior and correct thought help with a new incarnation) and China (Confucianism: legal tradition based on morality); and Israel (secular law includes Jewish and non-Jewish religious laws. -By the late 18th century, many counties (including U.S.) made a point of formally separating religious influence from the law; church from state. - Sacred Law tradition: based on a sacred text or body of religious doctrine. - In Sacred Law countries, there is no clear separation of the religious and the legal. - Practiced in: Iran, Saudi Arabia, Nigeria, Malaysia, Sudan

Ancient and Historical Legal Traditions

-The oldest legal tradition = Egypt which dates back to 4000B.C. -Mesopotamian system birthed Code of Hammurabi(eye for an eye, tooth for a tooth), later included in Leviticus and laws of the Old Testament - Chinese developed system rooted in Confucianism(moral system stressing the development of individual moral values v. management of behavior via the state. Correct personal behavior an important element in the duty to society) -Hebrew Law(Talmudic Law) -(Torah) found in the first 5 books of the Talmud. Hebrew Law includes the Torah and the Talmud which guide both civil and religious laws. Given to Moses in written form and oral guidance.

Classical Approach

"Free will" decisions guide pleasure principal. Crime is impulsive. Deterrence thru threat of apprehension and punishment

Why compare systems and issues in criminal justice?

1. To benefit from other's experiences 2. To broaden our understanding of the world 3. To deal more effectively with Transnational Crime problems

Sacred Law

Based on sacred text or religious doctrine. No separation between church and state.

Four Families of Law

Common Law Civil Law Socialist Law Sacred Law

Positivist Approach

Crime is caused by internal (psychological) or external (poverty) factors. Change the factors to change crime rates.

international crimes

Crimes against the peace and security of mankind, based on intl. agreement b/t countries or on legal precedent developed throughout history. Examples include genocide, enslavement, apartheid and torture. Mala en se crimes on an intl level

Model Nations Homicide Rates

Lowest homicide rates: Japan, Saudi Arabia, and Germany Higher: France and the US - China does not regularly report Hong Kong reports low rates - US has highest overall rates according to the ICVS followed by England/Wales, Germany, and France - China and Saudi Arabia do not participate in the ICVS - Japan has lowest overall crime rate

Ethical Approach

People fail to realize the impact of a criminal act on the victim. Education to emphasize "empathy" and a reduction in external factors that promote unethical decisions (songs about "Molly" not taking victimization into account.) Use of sacred texts as a basis for law and social control: Bible, Talmud, Qu'ran.

Structural Approach

Political and economic conditions promote a culture of competition between the "haves" and the "have not's." A more equitable distribution of wealth and opportunity would reduce criminal activity.

Can there be overlap between transnational and international crimes?

Yes there can be as some crimes can be placed in both categories example: intl drug trafficking

Legal System

agencies, procedures and rules that govern how a country makes and enforces laws, and dispenses justice

nations

any group with a common cultural, ethnic, racial, or religious identity may have its own system of laws ex: Native Americans

dependencies

associated with an independent state ex: Puerto Rico, American Samoa

Germany

federation with its own version of Civil Law

Socialist Law

flows from the socialist political structure

Saudi Arabia

focus on Islamic Sacred Law as outlined in the Q'uaran

Japan

hybrid system, reflects occupiers, now attuned to particular needs of Japanese people

sovereign states

internationally recognized unit of political authority

Comparative Criminal Justice

investigates and evaluates a national system of justice in terms of other countries, cultures, or institutions

transnational crimes

offenses whose inception, acts, and impact involve more than one country (at least two) Include illicit service, or the infiltration of business or govmt. Examples include: drug trafficking, extortion, money laundering

independent states

people who are politically organized into a sovereign state with a defined territory currently 192 worldwide

Civil Law

relies heavily on codification or written rules - development: roman law/emperor justinian> canon law of the medieval catholic church> 19th century French Napoleonic Code - The most pervasive legal tradition in the world. Found in Western Europe, Latin America, parts of Africa and the Far East. Historically the basis of law in Socialist Countries. -Also called Romano-Germanic, Roman, or Continental Law because of its historical roots. -Civil Law is code based law. Relies heavily on codification and the primacy of the written code. -Framers of the code had to be precise, cover all contingencies, and not depart radically from accepted customs. General enough to allow for particular cases to fit within the scope and specific enough to provide adequate guidance for those charged with administering the law and any subsequent punishment. -Corpus Juris Civilis compiled in 6th century A.D. by Emperor Justinian contained all of the known law then in force in the Roman world. Forbade any commentary on the code and that all previous works of legal commentary be disregarded. -Judicial tradition requires referring to the law itself rather than to precedents established in prior cases. -Law students in countries that still use Civil Law must study Roman Law.

China

socialist legal system

Comparative Criminology

the study of the causes of crime in two or more cultures. Attempts to explain why crime occurs in different forms/at different levels in one country v. another.

France

unitary centralized gov't, leader in Civil Law tradition

England

unitary centralized gov't, model for Common Law

Democratic Policing

•4 key elements promote democratization of the police: •Police must be willing and able to serve individual citizens and groups as well as those in political power. •Police must be accountable to the law rather than the government. •Police must practice a level of professionalism that includes respecting human rights. •Police should be transparent in all activities. What they do should be observable, reportable, and subject to some outside oversight.

Police Concerns

•4 key elements to effective community policing strategy: •Community based crime prevention: police and public work together to solve the root causes of crime - e.g. community disorganization. •Reorientation of patrol activities to emphasize non-emergency servicing of community needs: police assist in daily quality of life activities in the communities they serve. •Accountability to the public: police meet with community groups, hear their concerns, and respond to them. •Decentralization of command: police work close to the community - not from a single central office. Calls for having substations on the order of Japanese kobans.

Germany: The Criminal Justice System

•As a federalist country, generally allows individual Lander to handle their own policing, corrections, and lower court administration. •Still, formal values are acknowledged. Prison Act of 1976 identifies rehabilitation as a principal in German penal law; therefore, Lander would keep rehabilitation principal in mind. •Criminal justice system reflects influence of Civil Law and Common Law as applied during the U.S. occupation after WWII.

Saudi Arabia

•As a result of the riches provided by oil, SA has formed a welfare state - the government plays a key role in the protection and the promotion of the economic and social well-being of its citizens. •Culture of SA is generally derived from Arab tribal traditions and from the Wahhabi (fundamentalist) form of Islam that evolved in the 18th century. •Each day, 5 times a day, Muslims are called to prayer. •S.A. plays a leading role in Organization of Petroleum Exporting Countries (OPEC). •Has now diversified beyond oil - mining other natural resources, and encouraging private investment in e.g. agriculture and manufacturing. •Nonconstitutional monarchy. •King is chief of state and head of government. Rules with the help of a 25 member Council. •13 provinces, each run by a governor who may report directly to the King. •Many high officials (police, courts, etc.) are related to the King. •Not a democracy; therefore, no system of elections. No legislative branch of government. No political parties or labor unions. •1992: King Abdullah appointed a consultative council (Shura). All-male advisory body with no legislative functions. Granted women the right join the Shura Council and to vote in municipal elections in 2011. •Country governed according to Shari'a law. •No separate or formal constitution - although many consider the Qur'an to be the document giving guidance in all matters.

France: Criminal Law

•Basic principals come from the Declaration of the Rights of Man and of the Citizen •First penal code: 1810. Last revised in 1994. •Penal Code distinguishes crimes based on seriousness: serious felonies - less serious felonies - misdemeanors (delit) - violations (contraventions). •Latest update to Penal Code includes new crimes: ecological terrorism; sexual harassment; crimes against humanity; and genocide.

China Criminal Justice System

•Centrally monitored with 4 components: police, procuratorate (sic) "procurator", courts, corrections. •Each division operates under guidance from its respective national agency. Maintains offices in all of the provinces. •Ministry of the Public Security responsible for police •Ministry of Justice: corrections •Courts: People's Courts and the Special People's Courts. Highest court: Supreme People's Court of China. •Supreme People's Procurate: investigates and prosecutes crime •In addition to the formal system, a large informal system works with political, economic, educational, cultural, and judicial methods to help keep social order.

China

•China has always been a country where social control is first addressed by the family, then the community, then by state officials. •Policing history dates back to 2255bc •221-207 bc: first ministry of justice formed to help local officials address security and social order. •Policing during this time became more formal with centralized administration and uniform laws for the country. •Mixture of Asian and authoritarian models •1949 Chinese communist party handed policing to 3 groups: •Public security forces: basic police services •Militia groups: monitors border regions •People's liberation army (PLA): military wing of the communist party •1966: cultural revolution: police officers and stations attacked. Local police placed under control of local communist party officials. Pla called in to restore order •Period of lawlessness continued until 1970: deng Xiaoping reestablished the rule of law and restored police as enforcers of the law. •Police law of 1995 replaced police law of 1957. (see table 5.3) •1995 police law: police roles include: •Maintaining social order •Safeguarding state security •Protecting personal safety •Protecting personal freedom and property •Guarding against and punishing law violators •Chinese police centrally monitored by ministry of public security which formulates policies and regulations, provides technological support to all local forces, coordinates police work and operations among the 22 provinces. •In theory: police fall under the leadership of the ministry of public safety. •In practice: day-to-day administration governance provided by a local arm of the ministry. •Chinese police divided into 5 components: • •Public security police (gongan): basic uniformed patrol and 12 specialized functions including supervising probationers, criminal investigations, fire control, border control, and security of all modes of transportation. 90% of all police officers work here. Work out of neighborhood stations - paichu su -forerunners of the Japanese koban system? •State security police: prevent and investigate espionage, sabotage, and conspiracies. •5 components, cont. •Prison police: supervise convicted offenders in prison. •Judicial procuratorates police: escort suspects in cases investigated by the procurators (prosecutors). •Judicial police: maintain order in the people's courts; may carry out death sentences. • •Chinese police recruits graduate from 1 of 300+ police universities, colleges, or police academies. •Must be 25 yoa with strong physique. •Training lasts 6+ months •Potential officers trained directly by ministry of public security •Civil disorder and deviance control handled by public security police with support from Chinese people's armed police (component of the Chinese army.) •Current issues: •Drug crimes •Human trafficking and drug trafficking •Corruption •Increased citizen calls for civil rights and democratic participation - resulting in violence between citizens and police (Tiananmen square) •Since the cultural revolution: people view police with distrust. Increase in complaints and direct attacks on officers. •China working towards better police/citizen relations.

China vs. the US

•China is a unitary socialist government contrary to U.S. federalist democratic government. •All arms of Chinese government are subordinate to Chinese Communist Party. •Unique feature: informal social control still permeates the legal culture. Fueled by core principles from Confucianism and Taoism. •While U.S. crime rate has declined in recent years, crime in China has risen. •Chinese officials have responded with series of "Strike Hard" initiatives.

China: Criminal Law

•Chinese Law still neglects to include provisions for some basic human rights (e.g. Freedom of Speech; Freedom of Association) enjoyed by other countries. •Communist Party remains the major decision making body in China. Government still unrestrained by rules of law.

Japan: Criminal Law

•Chinese law had the most influence on the Japanese system prior to the closing of Japan in 1603. •Late 19th century: Japan adopted many elements of the German code. •U.S. law influenced Japan in constitutional and human rights law. •Japanese Criminal Code: 3 integrated codes: penal code, code of criminal procedure, and prison law.

Global Concerns

•Community policing is among the most commonly adopted strategy in the world today - even among authoritarian and developing countries. •Community policing helps overcome community resistance to harsh policing tactics. •Community policing became a "go-to" strategy when conventional deviance control and social order control strategies were no longer effective.

France: The Criminal Justice System

•Constitutional Counsel Court reviews proposed legislation. •Council of State: Supreme administrative court; deals with citizen rights. •Unique feature: the same courts can hear civil and criminal cases. •Police Nationale and local Gendarmerie •Corrections under direction of Ministry of Justice

England: Criminal Law

•Country generally functions under Common Law system. •England and Wales still do not have a unified Penal Code. Criminal Law = a combination of statutes and Common Law practices. E.g. Murder defined under Common Law but penalty set by statute. •(1967) all crimes in England and Wales are considered: • "arrestable" - all indictable offenses; punishable by a fixed incarceration term; or • "unarrestable" - (summary offenses) generally tried in Magistrate Court. E.G. loitering; drunk and disorderly; minor traffic offenses.

Saudi Arabia: Crime

•Crime statistics often underreported because the Shari'a promotes informal and non-legal responses to illegal behavior. •There is a problem calculating crime over a calendar year as the Arabic lunar calendar is based on the Islamic year which has 354 days rather than 365. •Saudis are somewhat protective of matters that occur within the Kingdom •Even with difficulties in reporting, clear that Saudi Arabia has a lower crime rate than most other countries around the world and most other Islamic countries. •Homicide, rape, and assault are rare occurrences. •Low rate likely related to harsh punishment for drug traffickers (including the death penalty). •Low rate also reflects the way that Islamic Shari'a law permeates all aspects of society. •Shari'a promotes "spiritual and peaceful" society •Two major crime concerns: terrorism and human trafficking. •Some terror attacks aimed at S.A.'s partnership with the U.S. Others are aimed at Saudi institutions and governmental offices. •S.A. is a destination country for men and women being trafficked. •People voluntarily coming into the country for work forced into involuntary servitude. •Government does not take law enforcement action against traffickers or provide protection for trafficking victims. •Legal decisions are made under the auspices of Islamic law. •No published penal code or code of criminal procedure. •All legal decisions are subject to the approval of government appointed religious leaders. •Most Saudi law is based on the Hanbali version of Islamic law. •Additionally, the King may add Shari'a concepts when he thinks conditions require his intervention.

England: Crime

•Crime stats collected and reported by the Research and Statistics Department of the Home Office. •Two kinds of data collected: Police data; Victimization data collected by a private firm - The British Crime Survey (BCS). •Long term trends show crime increase from 1981 - early 1990's; then 40% drop by 2005. 2015 data shows 7% drop over 2014 - lowest rates since 1981. •Crime data reflects traditional crimes (robbery, theft, etc.) and effects of international drug trade and money laundering. •International crime of terrorism (conflict between Protestants and Catholics in Northern Ireland) showing a decline. Good Friday Accord: 1998.

France: Crime

•Crime stats maintained by the Directory of Justice: Annuaire Statistique de la Justice. •Criminal activity in drugs, immigration, and terrorism. •Large influx of immigrants from North African countries (Muslim) •France has largest Jewish population in Western Europe; therefore, immigration has produced racial/ethnic tension.

Five Models for Policing

•Democratic anglo-peelian: citizen focused. Service and welfare are as important as crime control and prevention. (Us and England) •Democratic continental: legalistic approach. government and law based. Not concerned with pleasing the public. More militaristic. (Germany, France) •Developing countries: police have few financial resources and are thus prone to corruption. May not be run by the government. (Somalia) •Authoritarian: police are governmental and military force. Citizens may experience repression, brutality, and torture. Policing tied to religious law (Saudi Arabia) •Asian: police place less emphasis on individual rights. Use cultural norms to enforce the social order. (Japan)

Functions of Police

•Deviance control is the mission and task of enforcing community values and laws: •Protects citizens against lawbreakers •Discouraging alarming behavior that tends to make people insecure •Ensure that people can move about feely and exercise their rights without fear, harassment, or impediments. •Keep violators of community norms under control. •Civil order control: refers to the duty to respond, supervise or control two or more citizens in any situation that may disrupt the peace and tranquility of society. •There may be a strong political component to the activity being controlled - actions that disturb the peace may also threaten the government. •Civil order may be maintained by separate units of the policing agency. •Military force remains the last resort to maintain civil control in most countries.

Japan: Criminal Justice System

•Dispute resolution emphasizes mediation, compromise, and consensus. •Informal procedures used by police, neighbors, or families preferred to formal criminal process. •Ministry of Justice: oversees the correctional system. •Supreme Court: oversees lower courts. •Two national police organizations: National Police Safety Commission (NPSC); and National Police Agency (NPA). •NPA runs local police through the prefecture system. •Japanese law and criminal justice is a hybrid that borrows from the German, U.S. Chinese, and French systems. •The hybrid is uniquely Japanese.

England: Criminal Justice System

•England and Wales have a long tradition of allowing local counties and towns to administer and supervise their own affairs. •National government retains control of the judiciary. •Lord Chancellor, appointed by the Prime Minister, and Member of Parliament - appoints all judges and supervises the court system. Home Secretary (Member of Parliament) sets operational and employment standards; provides most funding for the police; and manages the Prison Service. Locals hire employees, maintain local offices. •Strongly influenced by decisions made in Parliament. •New legislation, called Criminal Justice Acts, make changes to the system. e.g. Criminal Justice Act of 2001 changed training requirements and procedures for police •As part of the European Union (EU), England was required to develop economic and human rights policies that fit the goals of that organization. •EU laws overrode British legislation and common law decisions. •England voted to leave the EU June, 2016.

England

•England is a Unitary Government: power is centralized rather than divided between states and a central government. Compare with federal system: U.S. and Germany.•The largest political division within the United Kingdom of Great Britain (England, Scotland, and Wales) and Northern Ireland. •Parliament is the supreme power in England. Able to override executive and Common Law decisions made in the lower courts. •Government consists of three parts: the Monarch, the House of Commons and the House of Lords. •Role of current Queen Elisabeth II is that of a Ceremonial Monarch which no longer serves an executive function. •Prime Minister is the head of the Party with the most seats in the House of Commons.

Community Policing in the Model Countries

•England: 1st to implement community policing (1800). New emphasis on "reassurance policing" which signals impending crimes and attempts to address them early. Intent is to give citizens a sense of security and safety. •France: adopted policy of police de proximite in 1997 as the official slogan of the national police. Designed to improve police/citizen relations. Added support for senior citizens and juvenile delinquency programs. police patrol on foot or motorcycles to be closer to the people. •Germany: contact police officers (Kob): older officers assigned to a patrol or beat. Other programs exist in each of the 16 German lander. •China: beat policing; and actively including citizens in crime prevention. Still an authoritarian state; thus, community policing programs may not take hold as in other countries. •Japan: model of effective community policing with use of the koban and the chuzaisho. •Saudi Arabia: because of Islamic traditions, do not often engage in community policing programs.

Germany vs. the US

•Germany has a federal republic system that distributes power between the federal and state government. •Local jurisdictions can administer police, courts, and corrections as long as policies adhere to precepts of the federal Basic Law. •Crime rate dropped during the 1990's. Drug offenses are a serious problem. Hate crimes have risen and are of concern to the German government.

Int'l Police Cooperation

•Goals: •Share intelligence on criminal activities and operations that aid the investigation and apprehension of criminal suspects in one or more jurisdictions. •Create new training and education opportunities, include personnel exchanges. •Provide technical support to those in need. •Allow officers to work in other countries •Build professional relationships for future collaboration •Europe a leader in embracing international cooperation. Participates in Interpol. Europol and provides peacekeeping operations in 14 geographic regions throughout Europe, Africa, and Asia. •Other regional police organizations include: Africa's police chief's organization; the southeastern Asian nations chiefs of police; the world customs organization and the financial action task force. •Police agencies also called on to provide peace operations under supervision of the un •Currently more than 1600 American law enforcement personnel working overseas in peacekeeping operations.

Saudi Arabia

•Highly centralized force responsible for civil order throughout the country. •Historically hired by the sheik to provide local and personal security. •First recognized police force established under king Abdul-Aziz. •Report to the minister of the interior. •use authoritarian model. •Special forces carry out civil disturbance functions for pilgrims. •Festival police force or national guard used in extreme situations. •Deviance control functions: mubahith conduct criminal investigations, provide domestic security and counterintelligence. •Mutawa: religious/morals police •Police divided into 3 units: •Regular police: department of public safety handles most of the daily deviance control functions. •Mubahith: secret police - conduct criminal investigations; manage matters pertaining to domestic security and counterintelligence. •Mutawa: religious/morals police - ensures that Saudi citizens live up to the rules of behavior outlined in the Qur'an. Also called the commission for promotion of virtue and prevention of vice. Generally male. Wear traditional Arabic white robes. Not trained in police procedures. Not armed. •Functions of the Mutawa (mutaween) include: •Maintaining strict separation between the sexes in public places. •Pressuring women to wear the traditional long black robes and face coverings. •Stopping women from driving cars in certain locations. •Ensuring that businesses are closed during prayer hours. •Covering advertising depicting attractive women. •Regulating alcohol use. •Mutaween often allowed their own interpretation of Muslim law which results in allegations of oppression from women and foreign workers. •Saudi police training: •Commissioned officers: 3+ years training at king Fahd security college. Promoted through the ranks from second lt. to general. Director of public safety usually related to the king. •Rank and file officers must be literate and spend 3 months in training. Not eligible to become commissioned officers. •Special forces and festival police force officers especially trained in crowd control to manage pilgrims travelling to mecca and medina. •Current issues include: •Balancing civil order within an Islamic system while staying within the bounds of international human rights standards. Amnesty international and human rights watch have issued numerous reports of police abuse. •Terrorism from inside the country (because of wealth inspired by the oil fields) and from external forces. •Association with nationals like osama bin laden create complications with other countries trying to protect their interests in the area.

England: Historical Development

•History initially marked by struggles between monarchs and subjects. •1215: Nobles forced recognition of their rights via the Magna Carta (Great Charter). •Stuart line of kings/queens terminated with Dutch ruler: William of Orange and his wife, the English Princess Mary. •Conditioned that they accept the Bill of Rights passed by Parliament in 1689. Outlined important rights related to criminal procedure and freedom of expression. •Rulers and subjects agree to power limits •Legal pluralism (the mixing of more than one system of law) occurred as English law spread to the colonies. •Constitutional Reform Act of 2005 led to the formation of the 12 person Supreme Court of the United Kingdom: court of last resort for all matters under English Law, Welch Law, Northern Ireland Law, and civil laws in Scotland. •England does not technically have a written Constitution, but does operate under a "constitutional tradition." •Most recently, through Organic Laws (laws that describe the operation of Parliament), England added Human Rights Act (1998) •English government and English tradition try to bring justice closer to the people by allowing general participation at all stages of the process.

China: historical development

•Imperial dynasties ruled China for most of the 4000 year history. •Last dynasty (Qing) lasted until beginning of the 20th century. •Codes of law developed during these periods did little more than protect the totalitarian government in place at the time. •Confucius: philosopher (551-479 B.C.) believed that humans are good or capable of goodness. Essential that humans treat each other with kindness and propriety. When people act contrary to these virtues, they bring shame on themselves, their families, and their friends. •In Confucian Thought - written laws and formal social control may be important, but not as important as strong individual moral virtue. •Confucian quote: " The superior man is concerned with virtue, the inferior man is concerned with law." •Taoist philosophy developed in Asia a century after the introduction of Confucianism. •All forces of nature are connected. Necessary for individuals to become "one" with those forces. •When we are in harmony and balance, conflict ceases. •Best way to accomplish harmony through social persuasion and informal social control. •Informal social control achieved through family, neighbors, fellow workers, local town boards to point out deviance and provide sanctions. •Confucianism and Taoism allowed Chinese people to reject legalism in favor of mediation and compromise. Discouraged from using legalism to protect themselves or their rights. •1949 - 1979: Chinese government developed Soviet style criminal justice system with control in the hands of the Communist Party. •Goal of Communist Law: destroy economic classes and construct social order based on the role of the people rather than the rule of law. •Cultural Revolution: Chairman Mao. Pushed direct opposition to those in power who were considered bourgeois. Goal was to move Chinese society from socialism to a purer form of Communism. •Cultural Revolution considered a failure. •Public order disrupted; crime and violence prevalent and Army called in to restore order. •Under Deng Xiaping, government promoted law as part of an ordered society. Society moved from "rule of man" to "rule of law."

Japan

•In Japanese called "Nippon," is an archipelago of almost 7000 islands with the largest comprising 97% of the land area. •First recorded contact with the West occurred about 1542 when a Portuguese ship was blown off course enroute to China. •Powerful Shoguns became fearful of outside influences and forced all foreigners to leave - strictly limiting Western contact for over 200 years. •47 Administrative divisions - prefectures. •One of the most homogeneous countries in the world. 99% of population being native Japanese. •Only non-Western industrial giant in the world. •Excellent government-industry cooperation. •Industries among the world's most technologically advanced. •Japanese legal tradition modeled after European Civil Law, but also influenced by English and American traditions. •New Constitution after U.S. occupation. •Mandated 3 branches of government:•Bicameral legislature (Diet): House of Representatives and House of Councilors. •Executive Branch: Prime Minister, Cabinet, Hereditary Emperor •Because Emperor is ceremonial, Japan is technically a Constitutional Monarchy. •Judicial Branch: Supreme Court - members appointed by Cabinet •Japan is a unitary state. It does not share power between the states and the federal government. •Most of the prefectures depend on the central government for financial subsidies.

Germany: Criminal Law

•In earlier times, a combination of Common Law principals and local indigenous law. •Criminal law codified in the territories - late 17th century. •Unified criminal code enacted under Bismarck and remains intact after 125 years. •German Law a combination of statutes (Gesetz), ordinances, administrative rules, and customs. •Laws are a combination of 2 kinds of statutes: •Bundesgesetz: federal statutes enacted by the Bundestag •Landsgesez: state laws enacted by state legislators. •Customs are not formally considered a formal source of law, but have provided guidance in legal matters since they are informally acknowledged as having rule of law. •Court decisions are not used as sources of law as in Common Law countries. •Felonies: are punishable by imprisonment of at least one year. •Misdemeanors are punished by a fine or a shorter prison system. •Most criminal and procedural laws are subject to federal legislation.

Policing and Diversity

•Interaction with different ethnic, racial, and cultural groups fuels the need for a diversified police force. •Further aspects call for: •Police are trained to be culturally sensitive to those they serve. •Enforce legislation that protects minorities and addresses discrimination. •Sincere efforts must be implemented to improve relations with ethnic communities.

Saudi Arabia: The Criminal Justice System

•Islamic law as stated in the Shari'a is the basis for all criminal justice functions in Saudi Arabia. •The King acts as the highest court of appeal and has the power to pardon. •2007 Reforms will require S.A. to establish some new court, abolish some minor courts, and add a Supreme Court •Police and Corrections operate under the Director of Public Safety.

Japan: Historical Development

•Isolated from other countries from 1603 - 1867. •During that time, the Shogun (warlord) family of the Tokugawas ruled Japan from Tokyo. •Shoguns exercised absolute rule. Emperors lived in the holy city, but had little power. •Shoguns were alarmed by missionaries and traders from the West. They closed the borders of the country to outsiders. •Prior to isolation, China exerted major external influence. •Period after isolation: Meiji Restoration (emperor who defeated last of Shogun warriors.) •WWII: Japan defeated. Lost all overseas possessions. Allies gained full control of the government. •1972: Okinawa returned to Japanese control. •Since WWII: Industrial development replaced militarism as chief driving force. •1947:New Constitution (Showa Constitution) modeled after U.S. constitution with parliamentary system modeled after Britain.

Japan vs. the US

•Japanese Prime Minister functions much like U.S. President •Japan: unitary government; U.S. federalist government. •Japan closer to a hybrid tradition than primarily Common or Civil Law •Japanese crime rate continues to be significantly lower than that of the U.S. •Both countries have recently expressed concern about the rise in drug offenses and terrorism.

Japan: Crime

•Low crime rate compared to other industrialized countries. •Statistics compiled by individual criminal justice agencies and summarized by the Ministry of Justice. •Problem areas: violent crimes, drug offences. •Drug offenses attributed to visitors to Japan. •Amphetamines imported from other Asian countries. •Organized crime (Boryokudan) known to be a problem in Japan •Heavily involved in production and distribution of amphetamines, heavy infighting, violations of gun laws, gambling, prostitution, and trafficking in human organs. •Growing number of Chinese organized crime gangs infiltrating Japan. •Japanese have traditionally valued harmony, group loyalty and conformity as opposed to individual rights. •Other factors also contributing to a low crime rate: low unemployment rate, lack of urban ghettos, strong family structure, strict gun control laws •No formal distinction between felonies and misdemeanors. •Instead divided into 3 categories: •Crimes against the state (bribery) •Crimes against individuals ( homicide, assault, rape) •Crimes against society (indecent public behavior, arson)

England

•Modern force dates back to 1829: Sir Robert peel established the metropolitan police to address crime and urbanization of London. •Tried to develop concept of: "civilians in uniform" - friendly, helpful and capable. Gained support of the public by consent not force. •Traditionally have not carried firearms; relying on non-lethal weapons for defense in violent confrontations. •democratic anglo-peelian model. •English police are generally organized to operate at the local - provincial - level. •Each city or province makes its own rules for police operations and funds its department. •Police at this level carry out deviance control and civil disturbance control functions. Military assistance used in extreme circumstances. Two other kinds of law enforcement in london: police community support officers: uniformed officers with a lesser amount of training. Perform routine duties, gather intelligence, and carry out routine patrols. Paid 25% less than regular officers. metropolitan special constabulary: unpaid volunteers who have full official powers. •Currently employing community policing models to help police officers cope with social changes. •Recently moved to address national and international crimes via the formation of units such as the National crime squad and the national security service (MI5). •Increased focus on international cooperation. •Community Policing thru "Reassurance" most often used model. Has officers maintain visibility and communications with local citizens. •Other pressing contemporary issues include drug trafficking, human trafficking. Computer fraud, violent crimes, and gang activity.

Saudi Arabia: Historical Development

•Modern nation dates back to 1926. •Includes Holy Cities of Mecca and Medina where the Prophet Mohammad lived. •Previously ruled by the Turkish Ottoman Empire. •After WWI, the Kingdom of Saudi Arabia carved out of the Arabian Peninsula. •Prior to discovery of oil, income came from pilgrims travelling to the holy cities. •The Matter of Oil: •Allowed the country to prosper financially •Exposed the normally pious population to outsiders coming in to work the oil fields and other in other menial jobs.

Germany: Historical Development

•Most of the German states in central Europe united under Emperor William I. Otto von Bismarck to create a unified Germany. •Strong culture of elite civil service positions incudes most police, judges, and sanctioning agencies like prisons. •After Germany's defeat in WWI, a federal republic with a model democratic constitution was created. Called the Weimar Republic. •Republic lasted until the rise of Hitler who led Germany into WWII. •After the war, Germany split among the "big 3" allies: U.S., Soviet Union, and Great Britain - who also split control of Berlin. •Nation of Germany reunited in 1990 after 45 years of post-war division. •East Germany had a Socialist Law orientation. •Since reunification, country operates under the Basic Law (1949). •Basic Law contains 146 articles: first 17 spell out rights of all Germans. •Uniqueness: free development of personality; special state protection of the family and illegitimate children; right to choose one's own trade or profession.

Japan

•Over the past 50 years, japan has tried various models of policing. •reverted to a centralized police organization after community-controlled policing failed. •Seen as a reason for the low crime rate in japan. Integral to community life. Close relationship with the public contributes to social harmony and good neighborhood relations. •Since WWII, seen as public servants. •Duties include: •Marriage and divorce counselling •Counsel troubled individuals in the community •Offer money management tips •Advise parents on unruly children •Assist with problems of alcohol addiction •Uses Asian model of policing. •Civil order functions managed by specialized, militarized police in each prefect (kidotai). attached to national guard. officers assigned to barracks; specially trained in crowd control. Generally young officers who serve 3 years here before returning to regular street police. •Deviance control functions managed by prefectural police •National police agency (NPA) overseen by 6-person civilian National public safety commission. •NPA handles all matters related to national security. Provides training, research, crime investigation, and communications to 47 prefectural police forces. •Each force operates independently of the others based on the needs of the prefect. •Prefectures subdivided into local police stations. Smaller neighborhood substations (kobans or chuzaisho) are central to Japanese policing. •Kobans are located every few blocks in large urban cities, operate as "community safety centers" for the local community •Koban officers: •Give directions •Secure accident scenes •Visit homes and businesses to assess community changes and concerns. •Chuzaisho stations found in rural japan. Officers = chusai-san. (Generally) male officers live with their families in government housing in the community. Home also serves as office. Duties include •Neighborhood patrol •Visiting each household twice per year. •Handling emergencies •Attending local functions •Police recruits graduate from high school and attend npa training school. Training includes academic and legal courses plus martial arts training. •Potential officers will attend additional training offered by the npa. •Current issues include: •Concern that some police may be too close to organized crime figures. Avoid confrontations that would make all parties look less than respectable. •Government responded by passing the act on prevention of unjust conducts by organized crime group members. •Growth of white collar and technological crimes challenges the training of local police. Npa has added a new cyber crime center to provide technical assistance.

Policing

•Police agencies around the world are formed and operate within a variety of cultural, historical, and economic factors. Police are a mirror image of their parent society. •Police are organized in one of three ways: •Centralized •Semi-centralized •De-centralized •Police perform two major functions: •Deviance control •Civil order control

Nondemocratic societies, by contrast:

•Police are responsive only to the ruling elite. Examples include Saudi Arabia and china.

Police Corrruption

•Police corruption is of major concern to police organizations around the globe. Recent problems reported in Nigeria, Mexico, nola, new York, and los Angeles. •Defined: corruption = actions wherein the primary intention is furthering private or departmental /divisional advantage. (Kleinig, 1996) •Transparency international reports that police in 86 countries were judged the most corrupt public officials after political parties, public officials, parliaments and legislatures.

Germany

•Police forces originally served the various German kings. •Under Otto von Bismarck, police forces were centralized under the state and officers were made civil servants. •Police service was (and is still) considered "elite" service. •After wwII, police officers were placed under control of the allied military forces. •Democratic continental model •With the new constitution of 1949 and the formation of 11 states within the german federation, each state (lander) was allowed to establish its own police force. •Since 1990, all German police now part of a decentralized executive force. •In east Germany, the German democratic republic established one central police force (volkspolizei). This unit dissolved with the reunification of Germany in 1990. •There are several kinds of police within each lander: •Schutzpolizei (shupo) act as municipal police: handle general aspects of law enforcement and simple investigations. •Kriminalpolizei (Kripo): plainclothes police who handle serious crime investigations and situations that require developing a case against at suspect. •Citizens wishing to join the force may do so at 16 or 17 immediately out of vocational secondary school. First few years of training may allow for civil order control. Bereitschaftspolizei (bepo) •Bepo manage civil order control to the extent that they need assistance from the schupo. •Deviance order functions managed by the schupo and the Kripo. •Federal government has several agencies available for use: •Federal border police (Bundesgrenzschutz or BGS): organized in the military tradition but operate under the ministry of the interior. Manage border control, sea patrol, airport and railroad security. May assist with major civil disturbances beyond the scope of the lander. •The BGS has a special task force to handle terrorist incidents: grenzschutzgruppe •Elite status of German police reflected in training and career development •First 2-3 years: bepo recruits live in barracks and undergo basic training. •then 6 months in general law enforcement training prior to street patrol work. •Followed by 2+ years to become criminal investigators or middle-managers. •Candidates for top management: b.a.: police science or criminology; m.a. in public administration after 2+ Years in German police university. Ph.D. plans in the near future. •Major concerns centered around immigration immediately after the reunification (1990) and immigration from Russia, Turkey, and other eastern European nations. •Related problems included hate crimes especially involving working class youth feeling a threat to their lifestyle and future work opportunities. •German human rights advocates: 136 citizens killed by right wing violence between 1990-2009

France: Policing

•Policing in france dates back to 580ce. •Louis xiv asserted his authority over policing and appointed the gendarmerie as the official law enforcement arm of the country. •As compared to the English "police by consent" model, French police are seen as acting on behalf of the state. Not much concern expressed for the common citizen •Democratic continental model. •ALTHOUGH COORDINATED BY THE GOVERNMENT (CENTRALIZED MODEL), THERE ARE TWO separate POLICE ORGANIZATIONS: •POLICE NATIONALE (pn): OPERATES UNDER THE MINISTRY OF THE INTERIOR. RESPONSIBLE FOR DEVIANCE CONTROL IN PARIS. Larger of the forces. •GENDARMERIE NATIONALE (GN): OPERATES UNDER THE Ministry OF DEFENSE. REPSONSIBLE FOR DEVIANCE CONTOL IN SMALL TOWNS AND RURAL AREAS WITH LESS THAN 10,000 INHABITANTS. More prestigious? •BOTH AGENCIES ARE HEADQUATERED IN PARIS. •Recent move to allow local governments to hire their own police officials and officers. These agencies also operate under the ministry of the interior. •GN and PN assume responsibility for deviance order functions. •Gn and pn have specialized forces to manage civil order control: •GN: Gendarmerie mobile are assigned to civil disorder and other large-scale problems that involve the possibility of violence. •Pn: republican security companies assume civil disorder responsibilities. •these specialized units are not tasked with conventional police work such as patrol and criminal investigation which would be handled by the GN or the PN. • •Civil order control is a major problem in france - more so than in any of the other model countries. •Historically, the French people have used demonstrations as a way of expressing their displeasure with government or policy. •Attacks on police, public officials, and property not uncommon. •Most damaging occurred in 2005 - 3 weeks of night riots in paris suburbs: extensive property damage to cars and buildings. •French police routinely deal with issues of terrorism, drugs, and immigration. France serves as crossroads for terrorist activity and drug activity from both internal and external sources. •France currently experiencing large immigration of arabs from former colonies in Algeria, Tunisia, and morocco. (Illegal immigrants drown in route to france, Italy.) •France has largest jewish population in western Europe - experiencing an increase in verbal and physical attacks on jews.

France

•Population of 65 million people divided into 22 administrative regions. Regional Prefect appointed by the government administers law. •One of 4 strongest Western European economies (farmland, steel, chemicals, and electronics) •Unitary state with highly centralized form of government housed in Paris. •Republican government style led by President (Emmaunel Macron -05/17) •Citizens elect representatives who report back to them •1789: Declaration of the Rights of Man and of the Citizen gave citizens right to resist oppression, right to liberty and equality, presumption of innocence, and freedom from arbitrary detention.

Policing and Privatization

•Private police defined as any independent or proprietary commercial organization that provides protection services to employers on a contractual basis. •Most common are uniformed guards; less obvious are security firms that patrol government agencies. •Most common concerns are: lack of regulation for private police in most countries; quality of services; lack of legal accountability; and an inability to coordinate with public security agencies. •International security firms (e.g. Blackwater, Aegis, DynCorp, Securitas, and Wackenhut) increasingly engaging in quasi-military and peacekeeping roles around the world. •Increased use of private police; •Citizens are more fearful of crime- increased opportunities for crime. •Decrease in government budgets for public police •Improved marketing strategies of security related businesses. •England: more private security officers than sworn officers. New legislation aimed at improving the quality and accountability of private forces. •Germany: 3,000 companies employ 150,000 security officers. •main tasks include: •Securing private buildings •Transporting money •Assisting local police at mass events (soccer games and concerts)

Sources of Islamic Law

•Revealed by God, not given by a Ruler. •The Law remains valid whether recognized by the State or not. •Originates not in customs or traditions, but in divine revelation. •So comprehensive and all-encompassing that it covers all aspects of a legal system: personal, constitutional, international, criminal, and trade law. •Directs adherents in "what is," not "what should be."

Saudi Arabia v The US

•S.A. relies on religious law and is not a federal republic. •S.A.: no distinction between church and state. Rather the two are intertwined. •King is the highest court of appeal •Police are highly centralized and under complete control of the Minister of the Interior. •Saudi Arabia does not formally publish laws beyond those contained in Shari'a Law

France vs. the US

•Similar types of government since both developed after a revolution. •Both govern with republican style and a written constitution. •French criminal justice system highly centralized unlike U.S. •Both countries experienced declining crime rates through the 1990's but an uptick since 2006. •Terrorism a major concern for both countries. •"Get tough" and "zero tolerance" policies in both countries.

China: Crime

•Since 1970's, China has provided criminal statistics via the China Statistical Yearbook and the China Law Yearbook. •Over the past 30 years, China experienced 3 crime waves. •In response, government initiated 3 anti-crime crackdowns (Strike Hards) •Strike Hards were aimed at street crime, gang crime, corruption, and economic crimes. •Minimal impact on crime rates or occurrences. •1978 - 2003: Homicide rate has doubled; Rape + 30%; Assault +7.5%; robbery +4.5%. •Public order crimes not consistently reported. •Major crime concerns: drugs and economic crimes. •China remains a major transshipment point for heroin produced in the Golden Triangle (Thailand, Laos, and Burma). •Rehabilitation Clinics in place to address addiction as a medical problem. •Relative Depravation Theory: Some Chinese people turning to crime out of frustration when they cannot obtain the wealth and prosperity of others around them. •2005: 8,700 demonstrations against economic inequity.

Germany: Crime

•Statistics collected by the Criminal Federal Police. •Increase in crime immediately after reunification. •1995-2004: 1.6% drop in crime overall; 41.2% drop in homicides. •2007-2008: 2.7% drop in crime overall; 3.4% drop in drug crimes; 3.2% drop in violent crimes. •Major problem with drug offenses.(Germany is a source of chemicals for South American cocaine processors and transshipment point for and consumer of Southwest Asian heroin and hashish, Latin American cocaine and European produced synthetic drugs. •Once homogenous community now home to Eastern European immigrants. •Resulting population mix fueling hate crimes. •2008: Police recorded 14,000 cases with right-wing or extremist characteristics. •Approximately 136 people killed by right-wing violence between 1995-2005.

Police History

•Term derived from the Greek (polis = group that maintains health, safety, and order) and roman (an authoritative arm for those in power). •Modern definition for the work of a public, non-military agency that is given the authority to enforce laws and secure public order through the use of legitimate force. •Policing is the most basic function that any government assumes to make life tolerable for its citizens.

Germany

•The English word Germany comes from the Latin Germania believed to have been adopted by Julius Caesar who used it to describe the people who lived east of the Rhine River around 60BC •Formal name - Federal Republic of Germany or Bundesrepublik Deutschland. •The most densely populated country in Europe •Germans have made major contributions in religion, science, philosophy, literature, and music. Martin Luther broke from the Roman Catholic Church leading the Protestant Reformation. •The Federal Republic of Germany includes East Germany, West Germany, and a reunified Berlin. •83 million people in four states called Lander. •One of the world's richest nations, but currently undergoing some economic turmoil due to high taxes, unemployment, and cost of rebuilding East Germany. •Federal Republic. German President largely ceremonial post. •Chancellor holds most powerful position. •Bicameral (two-house) legislature: Bundestag (lower house) and Bundesrat (upper house). •Federal constitutional court (Bundesverfassungsgericht)= highest court with judges appointed equally by both houses of the legislature. •After a tumultuous 20th century in which Germany was involved in and lost 2 world wars, Germany has now joined European and transatlantic partners supporting worldwide peace, democracy, and human rights.

China

•The World's most populous nation and one of the oldest civilizations with thousands of years of continuous history. •Marco Polo popularized the name "China." To the Chinese, the formal name is Zhongguo = middle or central kingdom. •Home of the first known erect man, homo erectus who is believed to have immigrated from Africa to China 1.2 million years ago. •Majority of the population claim Han Chinese as their ethnicity. There are 55 other recognized minority groups. •Unitary, multinational socialist county with 23 provinces (including Tiawan); 5 autonomous regions (including Tibet); and 4 municipalities directly under the control of the central government. 115 Prefectures, 46 cities, 1,894 counties; and 650 districts. •Primary organs of government: President, State Council, and The National People's Congress (NPC) which is the most powerful branch. •All levels of government subordinate to Chinese Communist Party (CCP) •Since 1979 China has worked to convert its economy from Soviet-type centrally planned economy to a socialist market-based economy. •China working to revise policies but retains the right to ensure that all reforms remain in line with Communist ideology. •Some new problems with inflation.

England compared to the US

•U.S. legal tradition strongly influenced by England. •England and U.S. are 2 of the major Common Law countries in the world. •Both encourage local administration and funding of justice. •Crime rates in both countries run parallel, but U.S .has higher violent crime rate. •"Get tough" policies appearing in both countries.