Comparative Crim Final

Bayley’s categorization

Bayley’s categorization

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

decentralized system

a different authority supervises the force at each level

multiple system

there are at least three types of police

uncoordinated system

there are apparently overlapping layers of authority

what system does most countries operate on?

centralized single system

Policing in Japan

-       Decentralized single system

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

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)

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

State police in Germany:

o   Uniform wearing (Shupo)

o   Plain clothes (Kripo)

o   Paramilitary (“standby police”)

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)

Policing in Mexico

-       Decentralized multiple uncoordinated system

-       Federal Ministerial police (investigation)

-       Federal Police (prevention but collaborate on investigations)

-       Local police (municipios- doesn’t investigate)

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

Unified legal education (U.S):

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

Specialized legal education (Europe):

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

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

Police Court (france)

minor offenses

Correctional Court

misdemeanor

Assize Court

felony cases

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

fixed-fine

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

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

Diyya

victim of crime shows forgiveness by accepting fine from offender

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

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)

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

countries with a single centralized system:

Ireland, Ghana, Nigeria, Poland, Saudi Arabia

countries with a single decentralized system:

Japan

countries with a multiple coordinated centralized system:

Austria, England, Wales, France

countries with a multiple coordinated decentralized system:

Australia, Canada, Germany, India

countries with a multiple uncoordinated centralized system:

Belgium, Italy, Spain, Switzerland

countries with a multiple uncoordinated decentralized system:

Mexico & U.S.

where has the death penalty been abolished?

Canada, France, Germany and the UK