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2nd Edition

An Introduction to Comparative Legal Models of Criminal Justice




ISBN 9781498746267
Published January 15, 2016 by Routledge
333 Pages 41 B/W Illustrations

 
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Book Description

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 causes police to act as though they are above the law.

Each chapter is designed as an independent unit of study. Along with updates to each chapter, other new additions to the second edition include:

  • A list of learning objectives at the beginning of each chapter
  • A summary at the end of each chapter
  • Classroom exercises
  • A threefold increase to the number of photographs
  • An expanded discussion of the oldest known legal systems
  • An extensive discussion on the rule of law
  • A discussion of United Nations actions to improve juvenile justice
  • Increased attention to the role of the Organization of American States

Thorough and concise, An Introduction to Comparative Legal Models of Criminal Justice, Second Edition provides a text covering the different major legal models in the world that is ideal for a one-semester course.

Table of Contents

Introduction to the Study of Comparative Legal Models
Chapter Objectives
Key Terms
Introduction
Words of Art
Rule of Law
Brief Examination of the Legal Models
Judicial Opinion under the Common Law Model Compared to the Civil Law Model
Law Enforcement Systems
Punishments
Comparative Violence
Summary
Questions in Review

Common Law: The Courts
Chapter Objectives
Key Terms
Introduction
Common Law in the United States
U.S. Court Systems Today
Participants in a Criminal Case
English Court System Today
Comparisons between the United States and the United Kingdom
Yale Kamisar on the Exclusionary Rule
Justice Benjamin Cardozo
Practice of Law
Canadian Legal System
Scottish Legal System
Australian Legal System
Summary
Questions in Review

Policing and Corrections under the Common Law Model
Chapter Objectives
Key Terms
Policing in Common Law Countries
London Metropolitan Police Authority’s Safer Neighborhoods Policing Awareness Campaign
Police Services in Calgary, Canada
RCMP’s Approach to Policing in Canada
Corrections in Common Law Countries
Sentencing under Common Law Model
Confinement
Case Study: Confinement in Ireland
Universal Declaration of Human Rights, Article 5
Alternatives to Incarceration
Corporal Punishment
Probation
Standard Probation Rules for the State of Texas (Texas Code of Criminal Procedure, Article 42.12)
House Arrest
Death Penalty
Summary
Questions in Review

Civil Law Model: The Courts
Chapter Objectives
Key Terms
Introduction
Early Tribal and Feudal Laws
Early Legislation
Influence of Roman Law
Canon Law
Concordia Discordantium Canonum
Commercial Law
Development of National Legal Systems
Napoleonic Code
German Legal Science
Law in Action: The Inquisitorial System of Prosecution
Codes in Civil and Common Law Models
Inquisitorial Prosecution
German Civil Law System
In Germany Is It Illegal to Shoot Down a Passenger Plane That Is Being Used by Terrorists?
Death Penalty in Germany
Law in Action: Juries in the Civil Law Model
Criminal Justice in France
Criminal Justice in Brazil
Summary
Questions in Review

Policing and Corrections under the Civil Law Model
Chapter Objectives
Key Terms
Introduction
Law Enforcement in France
Law Enforcement in Germany
Law Enforcement in Brazil
Corrections under the Civil Law Model
Plea Bargaining
Probation
Parole
Death Penalty
Fines
Summary
Questions in Review

The Islamic Law Model: The Courts
Chapter Objectives
Key Terms
Introduction
Muhammad
Origins and Evolution
Sources
Fundamental Principles
Structure of Penal Law
Murder under Islamic Law
Evidence of Guilt
Establishing Guilt as to Adultery
Beheading, Not Solely an Islamic Punishment
Saudi Arabia
Pakistan
Iran
Summary
Questions in Review

Policing and Corrections under the Islamic Legal Model
Chapter Objectives
Key Terms
Introduction
Saudi Policing
Policing in Pakistan
Policing in Iran
Corrections
Corrections in Iran
Corrections in Pakistan
Summary
Questions in Review

The Socialist Law Model: The Courts
Chapter Objectives
Key Terms
Introduction
Legal System of Russia
People’s Republic of China
Legal System of Cuba
Summary
Questions in Review

Policing and Corrections under the Socialist Legal Model
Chapter Objectives
Key Terms
Introduction
Public Trust and Community Policing
Policing in Russia
Policing in the People’s Republic of China
Policing in Cuba
Corrections in Russia
Corrections in China
Corrections in Cuba
Summary
Questions in Review

Mixed-Law Models
Chapter Objectives
Key Terms
Introduction
Bulgarian System of Law
Indian System of Law
Sri Lankan System of Law
Summary
Questions in Review

International Courts
Chapter Objectives
Key Terms
Introduction
ICC
Genocide
International Court of Justice
Court of Justice of European Communities
Summary
Questions in Review

International Criminal Justice Agencies and Associations
Chapter Objectives
Key Terms
Introduction
Interpol
Europol
International Association of Chiefs of Police
International Police Association
United Nations Crime Prevention and Criminal Justice Network
United Nations and Juvenile Justice
Differences between Trafficking and Smuggling
International Police Executive Symposium
International Policy Institute for Counter-Terrorism
Organization of American States
Child Wise
Summary
Questions in Review

Appendix: Excerpts from the World Justice Project—Rule of Law Index 2014

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Author(s)

Biography

Cliff Roberson, JD, LLM, PhD, is an emeritus professor of criminal justice at Washburn University, Topeka, Kansas, and a retired professor of criminology at California State University, Fresno. He earned his PhD in human behavior at U.S. International University, his LLM in criminal law, criminology, and psychiatry at The George Washington University, and his JD at American University. He is the author or co-author of more than 60 books and texts on legal subjects. He has been associate vice president for academic affairs at Arkansas Tech University, dean of arts and sciences at University of Houston in Victoria, Texas, director of programs at National College of District Attorneys, director of the Justice Center at California State University, and assistant professor of criminal justice at St. Edwards University. He has also been a trial supervisor at the Office of State Counsel for Offenders, Texas Board of Criminal Justice, and judge pro tem in the California courts.

Dilip K. Das is a professor of criminal justice, former police chief, the founding editor in chief of Police Practice and Research: An International Journal, and a human rights consultant to the United Nations. He served in the Indian Police Service for 14 years. In 1994, he founded the International Police Executive Symposium (IPES), which enjoys special consultative status in the United Nations. He has authored, edited, and coedited more than 30 books and numerous articles. He is editor in chief of two book series: Advances in Police Theory and Practice and Interviews with Global Leaders in Policing, Courts, and Prisons. He has received several faculty excellence awards and is a distinguished faculty lecturer.

Featured Author Profiles

Author - Cliff  Roberson
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Cliff Roberson

Emeritus Professor, Washburn University
Topeka, Kansas, USA

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