Comparative Crim Final

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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