Comparative Crim Final

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Bayley’s categorization

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based on type of command and number of forces to be supervised

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decentralized system

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a different authority supervises the force at each level

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32 Terms

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Bayley’s categorization

based on type of command and number of forces to be supervised

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decentralized system

a different authority supervises the force at each level

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multiple system

there are at least three types of police

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uncoordinated system

there are apparently overlapping layers of authority

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what system does most countries operate on?

centralized single system

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Policing in Japan

-       Decentralized single system

-       Local and prefectural police have employees of the National Police Agency (NPA)

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Policing in France

-       Centralized multiple coordinated system

-       Two national police forces

-       Gendarmerie Nationale (rural areas)

-       The Police Nationale (urban areas)

-       local police in cities but they operate next to national police (supplement rather than replacement)

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Policing in Germany

-       Decentralized multiple coordinated system

-       Police function at the federal and state levels

-       Federal Criminal Police (similar to FBI)

-       Federal Police

-       State police

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State police in Germany:

o   Uniform wearing (Shupo)

o   Plain clothes (Kripo)

o   Paramilitary (“standby police”)

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Policing in Spain

-       Centralized multiple uncoordinated system

-       3 police forces

o   National Police Corps (urban areas)

o   Civil Guard (rural areas)

o   Municipal Police (cities)

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Policing in Mexico

-       Decentralized multiple uncoordinated system

-       Federal Ministerial police (investigation)

-       Federal Police (prevention but collaborate on investigations)

-       Local police (municipios- doesn’t investigate)

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Police Body Cameras

-       Improve police accountability and lower reports of police misconduct.

-       19% reduction in police officers using physical force

-       23% reduction in complaints against officers

-       74% reduction in civil cases against police departments

-       Can be considered too expensive

-       Can invade privacy of citizens or victims

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Unified legal education (U.S):

-       basic knowledge and training to participate in any legal field [easy to move]

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Specialized legal education (Europe):

each legal field has distinct requirements [not easy to move]

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Adjudicators

-       those responsible for deciding whether the accused has committed a criminal offense

-       civil and common legal traditions

-       judges, lay judges or jurors

-       US is an exception because we elect judges at the state level

o   Judges are unbiased

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Police Court (france)

minor offenses

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Correctional Court

misdemeanor

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Assize Court

felony cases

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Lay participation

  • not necessary in an Islamic court because judges are assumed to be unbiased
  • The tendency in Islamic criminal trial proceedings is for the parties to represent themselves
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fixed-fine

same amount for all defendants committing similar crime regardless of finances is popular in  U.S.

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day fine

combining factors of crime severity and ability to pay results in different fines even for similar crimes (seriousness of the offense and the offender’s income level)

  • depends on how much $ the defender is making
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Diyya

victim of crime shows forgiveness by accepting fine from offender

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Capital Punishment

-       Amnesty International reports (excluding China) more than 1,600 executions carried out in 25 countries in 2015

o   90% of those in Iran, Pakistan, and Saudi Arabia

-       30% of the world’s countries retain the death penalty

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Custodial Sanctions

-       2014 incarceration rate was 7x the average in Western Europe, 6x the Canadian rate, and more than 4.5x that in Australia, almost 3.5x new Zealand’s rate

-       The U.S. would have to release more than 1.8 million inmates out of a total 2.3 million

-       In India: persons awaiting trial are called undertrials (68% of total population)

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Who are Juveniles

-       14 years old is the most common age limit of criminal responsibilities

-       Islamic countries have a very low age limit

-       Western countries age limit 10

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countries with a single centralized system:

Ireland, Ghana, Nigeria, Poland, Saudi Arabia

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countries with a single decentralized system:

Japan

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countries with a multiple coordinated centralized system:

Austria, England, Wales, France

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countries with a multiple coordinated decentralized system:

Australia, Canada, Germany, India

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countries with a multiple uncoordinated centralized system:

Belgium, Italy, Spain, Switzerland

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countries with a multiple uncoordinated decentralized system:

Mexico & U.S.

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where has the death penalty been abolished?

Canada, France, Germany and the UK