WK 1-LECTURE 1

Introduction to Global Legal and Criminal Justice Systems

Instructor Contact Information & Policies

• Email: JLLewis@cardiffmet.ac.uk

  • Responses are typically the same day, unless: I am teaching or engaged in other university business, it's a Saturday or Sunday, a Bank Holiday, a general holiday (e.g., Christmas, Easter), or I am on leave.

  • The University policy guarantees an email response within $3$ days ($72$ hours), excluding weekends, holidays, and leave.

• Teams: Send a message; I will respond when not teaching, in a meeting, or otherwise busy.

• In Seminars and Workshops: Catch me during breaks or at the end of sessions.

Housekeeping & Seminar Etiquette

• 1-2-1 Meetings:

  • When booking a general one-on-one session, please send an agenda of discussion points $1$ day ($24$ hours) before the meeting.

  • No agenda will typically result in a cancelled meeting, with few exceptions.

• Seminar Conduct:

  • Be courteous; do not talk over the instructor or distract fellow students.

  • No large meals are permitted; small snacks are acceptable.

  • Violations of these rules will result in a kind reminder in the first instance.

  • A second instance will result in being asked to leave.

  • Refusal to leave will lead to the seminar being shut down.

• Instructor's Role: I am committed to helping students succeed in the module, making the content enjoyable and approachable.

Module Content Overview

• The Criminal Justice System (CJS) in the UK

• Philosophies of Punishment

• Adversarial vs. Inquisitorial Systems

• Punitive, Rehabilitation, and Hybrid Systems

• International Human Rights

• Limitations of the CJS

• Global Criminal Justice

Assessment Details

There are $2$ assessments for this module:

Mid-Module (WRIT 1)

• Due Date: $14$th November $2025$

• Format: $1,700$-word essay accompanied by a $300$-word annotated bibliography.

• Requirements:

  • Select and examine at least two justice systems.

  • Compare and contrast key elements of these systems.

  • Utilize legislation, case law, and policy documents to support discussions.

  • Engage critically with academic literature.

  • Present a structured, coherent, and well-argued essay that moves beyond mere description.

End-of-Module (PORT 1)

• Due Date: $12$th December $2025$

• Format: Portfolio comprising two short essays, each $1,000$ words.

• Overall Focus: Critically examine how international approaches to criminal justice may inform, challenge, or enhance practices in the UK.

• Essay Components:

  1. Comparative Practice Analysis:

     • Choose one international criminal justice practice.

     • Analyze its effectiveness and discuss if and how it could be adapted to the UK context.

     • Consider potential barriers to implementation (legal, political, cultural).

  2. Thematic Challenge Essay:

     • Select a key challenge facing the UK criminal justice system.

     • Explore how another country has addressed this issue.

     • Critically evaluate the applicability and transferability of that country's approach to the UK.

Recommended Resource: Policing Insight

• Access: Sign in for free with your student email and password.

• Content: A searchable database of news, analysis, opinions, and reports from national, local, and specialist press, as well as key policing and criminal justice organizations.

• Scope: Covers policy, practice, crime, and technology through articles, videos, and reports.

• Student-Specific Section: Clicking on 'Features' then 'The Policing Student' provides content designed specifically for students.

• Daily Brief: Option to sign up for a daily email brief with updated policing news.

• Credibility: A credible and reliable resource.

Module Learning Objectives

• DEFINE KEY GLOBAL LEGAL SYSTEM TYPES (COMMON LAW, CIVIL LAW, RELIGIOUS, HYBRID).

• EXPLAIN WHY COMPARATIVE STUDY OF LEGAL SYSTEMS IS IMPORTANT FOR CRIMINOLOGY.

• IDENTIFY THE HISTORICAL, CULTURAL, AND POLITICAL FACTORS SHAPING JUSTICE SYSTEMS.

Defining Legal Systems

Common Law

• Basis: Based on court decisions or precedent; judges interpret the law.

• Characteristics:

  • Allows for varying sentences.

  • Enables law to adapt to societal changes.

  • "State vs Accused" dynamic.

  • Standard of proof: "Beyond a reasonable doubt."

• Other Names: Judge-made law, Anglo-American law.

• Source of Law: Case law and statutes, which may be organized in codes.

• Degree of Judicial Independence: High; important for judiciary to appear independent of executive and legislature.

• Judges: Wide variety of selection and qualification standards.

• Policy-Making Role: Due to stare decisis, shares power with individuals before the court and government branches.

• Examples: US (except Louisiana), UK, Canada (except Quebec).

Civil Law

• Basis: Tries to avoid criminal charges, focusing on resolution.

• Characteristics:

  • "Claimant vs Defendant" dynamic.

  • Standard of proof: "Balance of probabilities."

• Areas of Law:

  • Family Law: Matters related to family relationships (e.g., divorce, child custody, child arrangements).

  • Personal Injury: Claims related to accidents (e.g., road traffic accidents, medical negligence, slips and falls).

• Other Names: Continental law, European law, Roman law.

• Source of Law: Statutes organized in codes.

• Degree of Judicial Independence: High; important for judiciary to appear independent of executive and legislature.

• Judges: Career position requiring training and testing; civil servants.

• Policy-Making Role: Equal but separate power as the enforcer of codes.

• Examples: All European Union countries, Quebec, Louisiana.

Religious Law

• Basis: System of rules originating from religious texts, teachings, and traditions.

• Purpose: Intended to govern the conduct and practices of individuals and communities within a particular faith.

• Examples:

  • Christianity: Ten Commandments (e.g., "You shall not murder").

  • Islam: Sharia Law (e.g., dietary laws, Hadd Offences).

  • Judaism: Halakha (e.g., dietary laws, observing the Sabbath).

  • Buddhism: The Five Precepts (e.g., refraining from taking life, refraining from intoxicants).

• Other Names: Differs by religion; prominent ones include sharia (Islamic law) and halakha (Jewish law).

• Source of Law: Religious texts.

• Degree of Judicial Independence: Wide range, from very limited to high.

• Judges: Religious and legal training.

• Policy-Making Role: Depends on territory and topic area; paramount in some cases, advisory only in others.

• Examples: Saudi Arabia, Iran, United Arab Emirates, Israel.

Brief History of Laws & Impacting Factors

• Laws are impacted by societal norms, religion, and traditions.

• These factors critically affect legal interpretations.

• Case Study: Sharia Law vs. Secular Law highlights these differing impacts.

Political Shaping of Justice Systems

Democracy

• Definition: Power resides with the people, exercised directly or through elected representatives.

• Key Characteristics:

  • Popular sovereignty: Government legitimacy derives from the consent of the governed.

  • Rule of law: Everyone, including those in power, is subject to the same laws.

  • Decision-making: Can be slower due to the need for consensus and compromise.

Authoritarianism

• Definition: Power is concentrated in a single leader, a small group, or a ruling party, with minimal accountability to the populace.

• Key Characteristics:

  • Centralized power: Decision-making power concentrated in the executive branch or a small elite.

  • Suppression of dissent: Civil liberties (e.g., freedom of speech, assembly) are restricted; criticism often met with harsh penalties (e.g., protests in China).

  • Accountability: Lack of accountability can lead to corruption and abuse of power.

Case Study: USA vs. China