An Introduction to Comparative Legal Models of Criminal Justice: 2nd Edition (Hardback) book cover

An Introduction to Comparative Legal Models of Criminal Justice

2nd Edition

By Cliff Roberson, Dilip K. Das

CRC Press

333 pages | 41 B/W Illus.

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pub: 2016-01-15
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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

About the Authors

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.

Subject Categories

BISAC Subject Codes/Headings:
LAW026000
LAW / Criminal Law / General