International CJ - Quiz 1

five methodological issues in comparing criminal justice systems

cultural differences, searching for the local, law in action, research methods, and research approaches

cultural differences

the idea that local culture impacts the meanings of theories and policies, so criminology must consider how societal contexts alter theories and polices

searching for the local

Understanding the legal foundation of another country rather than assuming its legal system operates on the same fundamental principles as your own.

universalizing imperative

The tendency to search for familiar concepts in other legal systems, sometimes based on the assumption that one's own legal system is superior.

law in action

How rules and laws are actually practiced and how the legal system works in practice.

the three strategies for researching justice systems

Virtually there, researching there, and living there.

virtually there

Collaboration between a researcher in the home country and a researcher in another country.

researching there

Spending time in another country and immersing yourself in the research site, culture, and society.

living there

A lengthy period of immersion in another culture as an “observant participant,” gaining direct experience.

descriptive/explanatory research approach

Usually quantitative; identifies differences in criminal justice systems but can be limited to one dimension and lack explanatory power.

interpretive research approach

Usually qualitative; uses ethnographic data to understand the cultural construction of crime in different societies.

Why is international crime data useful?

It reveals trends in crime and allows researchers to compare crime risks and crime incidence between countries.

International Crime Victim Surveys (ICVS)

Surveys regularly conducted by UNICRI that help understand crime victimization internationally.

HEUNI

European Institute for Crime Prevention and Control.

ICPC

Provides an international forum for sharing experiences and policy information about crime prevention and community safety.

What does INTERPOL maintain regarding international crime?

A database on international intellectual property crime, including data on trafficking illicit goods.

UNICRI

Facilitates international cooperation on justice issues.

UN Office on Drugs and Crime

Assists states in fighting illicit drugs, crime, and terrorism

four difficulties in analyzing international crime data

Varying crime definitions, differences in crime reporting/attitudes toward law enforcement, cultural and social context, and lack of administrative or technical capacity.

Why is Japan considered a low-crime country?

Low economic stress, a small proportion of young males, high certainty of guilt and punishment, small neighborhood police posts called koban, and trust in police.

koban

A small, fixed neighborhood police post in Japan.

Why is Saudi Arabia considered a low-crime country?

Emphasis on self-control, conformity, morality, strong family structures, severe punishment, and implementation of Sharia law.

What contributes to high crime rates in El Salvador?

Gang activity, drug and human trafficking, corruption, and less functional government institutions.

What contributes to high crime rates in Jamaica?

Violent crime, its role as a cocaine transit point, and insufficient funding/resources for law enforcement.

What can international crime comparisons tell us?

They are most useful for identifying trends and can provide a basic sense of crime trends between countries.

legal tradition

A set of historically conditioned attitudes about the role of law in a society, including its characteristic legal thought, sources, and basic ideology.

legal system

A set of legal institutions and the rules and procedures they formulate and apply in their everyday work.

laws

Rules of conduct, usually enacted in statutes, that require or prohibit certain behaviors.

purposes of law

Maintain order, keep individual rights, set expectations, correct wrongs, regulate interactions, provide recourse, enforce moral beliefs, and mandate punishments.

Rule of Law

The principle that society must be governed by established principles and that law is applied uniformly and fairly; no one is above the law.

key elements of the Rule of Law

Freedom from private lawlessness, objectivity, legal ideas/devices for achieving individual and group objectives, and limits on governmental power

the two major legal traditions

Civil law and common law

How many countries primarily use civil law vs. common law?

Roughly 150 countries primarily use civil law, while about 80 use common law.

Where are common law systems found?

The United States, England, Australia, Canada, and African countries once colonized by Britain.

stare decisis

The power/obligation of courts to base decisions on prior decisions.

What characterizes common law systems?

Judge-made law, legal precedent, improvisation, and pragmatic/concrete approaches.

Where are civil law systems found?

Germany, France, most of Europe and South America, and parts of Africa formerly colonized by France, Portugal, and Belgium.

codification of laws

Organizing legal rules into codes that contain the rules relating to specific topics.

examples of important civil codes

The French Code Napoleon of 1804 and the German Civil Code of 1896.

common law

relies primarily on case law and precedent

civil law

relies primarily on codes and statutes

How are common law and civil law different in their approach?

Common law is more improvisational, pragmatic, and concrete, while civil law tends to be abstract, conceptual, and heavily rule-based.

socialist legal systems

Essentially civil law systems influenced by Marxist-Leninist ideology.

How do socialist legal systems view law?

As an instrument of state policy and a mechanism for implementing state plans.

What country is given as an example of a socialist legal system?

The People’s Republic of China

What is Islamic law based on?

The Koran and Sharia, which is regarded as an expression of God's will and justice.

Sharia

The route to be followed to achieve God's justice—to do good and avoid evil

Does Islamic law look the same in every country?

No. It varies by country, is influenced by local customs, and evolves over time.

Why can offenses denying God's will receive severe punishment under Islamic law?

Severe punishment can be used to enforce societal cohesion.