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¶ … nations, what particular historical developments may have had a major effect on their formation of criminal law and criminal justice administration?
The six model nations are China, France, England, Germany, Japan, and Saudi Arabia. The criminal law and justice systems of each of the aforementioned countries are shaped by some key developments in history.
France: French criminal law is shaped by a number of historical events, the most significant being the 1789 passage of the Declaration of the Rights of Man and of the Citizen by parliament (Dammer & Albanese, 2013). This declaration asserted several rights including the freedom from arbitrary detention, the right to equality, the right to liberty, the right to a presumption of innocence, and the need for power separation (Dammer & Albanese, 2013). It forms the basis of the principles that govern criminal law in France today (Dammer & Albanese, 2013). The rising to power of General Napoleon Bonaparte in 1799 and France's becoming an empire were also significant historical events, paving way for the establishment of the Penal Code, which categorizes crimes on the basis of seriousness and determines which case will be heard in which court, and which punishment will be administered thereof (Dammer & Albanese,...
The unified code developed thereof (Reichsstrafgezetzbuch) forms the basis of German criminal law today. Like the French Penal Code, it distinguishes between crimes on the basis of seriousness such that felonies are punished more severely than misdemeanors (Dammer & Albanese, 2013). Owing to this unification, individual territories are given the discretion to handle their own affairs in relation to lower court administration, corrections, and policing; however, all their laws and provisions must be within the confines of the provisions of the unified code.
Japan: the development of the Japanese criminal code dates back to 604 AD, when the Seventeen Maxims of Prince Shotoku were developed, and the 700s, when Codes of Yoro and Taiho were established (Dammer & Albanese, 2013). The 1868 Meijji Restoration, however, marked the beginning of Japan's development of structured legal codes because it was then that the French Penal Code was adopted for use in Japanese criminal law (Dammer & Albanese, 2013). This would mark a series of a couple of other…
Germany: the most significant event in the history of criminal law development in Germany was the unification of the criminal code across local territories locally referred to as Lander (Dammer & Albanese, 2013). The unified code developed thereof (Reichsstrafgezetzbuch) forms the basis of German criminal law today. Like the French Penal Code, it distinguishes between crimes on the basis of seriousness such that felonies are punished more severely than misdemeanors (Dammer & Albanese, 2013). Owing to this unification, individual territories are given the discretion to handle their own affairs in relation to lower court administration, corrections, and policing; however, all their laws and provisions must be within the confines of the provisions of the unified code.
Japan: the development of the Japanese criminal code dates back to 604 AD, when the Seventeen Maxims of Prince Shotoku were developed, and the 700s, when Codes of Yoro and Taiho were established (Dammer & Albanese, 2013). The 1868 Meijji Restoration, however, marked the beginning of Japan's development of structured legal codes because it was then that the French Penal Code was adopted for use in Japanese criminal law (Dammer & Albanese, 2013). This would mark a series of a couple of other adoptions -- the German Code in the late eighteenth century and certain aspects of U.S. Law at the beginning of the 19th century (Dammer & Albanese, 2013). Today, the Japanese Criminal Code is merely a hybrid of the American, French, Chinese, and German (predominant) criminal law. It is made up of 3 integrated codes -- prison law, the criminal procedure code and the penal code (Dammer & Albanese, 2013). Unlike other countries, however, the Japanese Penal Code does not categorize crimes on the basis of seriousness, rather, it divides them as i) crimes against society ii) crimes against individuals, and iii) crimes against the state (Dammer & Albanese, 2013).
England: originally, English law did not distinguish between civil and criminal proceedings; it was not until the Norman Conquest of England in 1066 that this distinction was made (Dammer & Albanese, 2013). The legal system also became more organized after the conquest in 1066, with William the Conqueror establishing the King's Court (Curia Regis) to hear and decide criminal cases. The bases upon which these cases were
Use of technology would promote public knowledge about the spread of confirmed criminal activity or patterns of behavior that might place people at risk, whether that risk involved theft, credit card scams or other behaviors (Farber, 2006). Participation in shared networking technological programs would be required of private businesses, community agencies and policing authorities to ensure a true community policing structure is established. Communities would work to create neighborhood watch
Justice System Criminal Justice Data Interpretation In December of 2014 the National Center for Juvenile Justice published its fourth "comprehensive report on juvenile crime, victimization, and the juvenile justice system." (Sickmund, 2014, pg iii) This report was prepared in order to present the most important information on the juvenile justice system and those who come under its jurisdiction. In order to understand the many influences on the lives of juveniles, the report
Criminal Justice System: Criminal Cases and Civil Cases Civil and Criminal Liability Civil cases are private disputes arising between individuals following violations of legal responsibilities owed to each other. Criminal cases, on the other hand, involve wrongs committed against the state, and which are regarded as harmful to society as a whole, as opposed to a single individual. This text compares civil and criminal cases with the aim of identifying differences and
Some of the characteristics of this country include community policing, a patriarchal family system, the importance of higher education, and the way businesses serve as surrogate families. Asian societies are also "shame-based" rather than "guilt-based" as Western societies are. For example, it is unthinkable to commit a crime in such places because of the shame it would bring upon one's family and the business or corporation with which that
criminal justice and American culture. Specifically it will discuss jail time served by Blacks, Hispanics and whites, and the lawyers who prosecute them. The statistics indicate that African-American men, especially between the ages of 25 to 29, are incarcerated at a higher rate than either Hispanics or whites. There are several factors that are associated with these statistics, including where these young men grow up, their income, and their
In real life criminal situation the same principles often apply especially when it comes to juvenile offenders. Programs like Big Brother and Big Sister are specifically designed for the purpose of thwarting would be young criminals (Haley). The strength and power of mentorship programs in the criminal justice system has been proven for years however it is sometimes difficult to locate enough adult mentors for the at risk and in