Criminal Justice Systems: US, Norway, and England Compared

Introduction

The criminal justice system protects the public from criminals and criminal activity by investigating, catching, and thwarting crime. Although some countries have similar methods of punishing criminals and preventing crime, many countries have different methods and strategies. Norway has its own way of handling criminals and criminal investigations that often involves a decentralized police and investigative force. The United States operates via a tiered system: federal, state, and local (Cole, Smith, & DeJong, 2013). England offers a tiered system as well, with most investigative efforts occurring in London. This essay highlights the differences and similarities of the criminal justice system in England/Wales, the United States, and Norway.

The United States has only been a country for a few centuries. It operates with peace and justice in mind. Operating under three branches of government, the judiciary branch allows the government to arrest, prosecute, and imprison criminals and criminal suspects. Other government agencies, especially at the federal level, perform investigations to understand and assess situations and problems in the country (Hirschel, Wakefield, & Sasse, 2008). These problems could be regarding the law and fall under an umbrella of categories including the environment, health, and organized crime.

Norway has a similar aspect to its government regarding its judiciary section. However, because Norway is a small country with a small, fairly homogenous population, the police force operates in a decentralized way (Walgrave, 2003). The same goes for its investigative efforts. This means government agencies are not split into local, state, or federal levels, but act free from geographical or district limitations.

England/Wales acts within the United Kingdom but has a tiered system for handling criminal cases. Regarding investigative efforts, England has a high number of private investigation agencies, with government-run investigative efforts concentrated in London. England's police force and court system operate on a tiered level, with various sub-agencies working under a main agency (Barton & Johns, 2013).

Courts

The tiered system of the courts is seen in the United States, Norway, and England/Wales. The main differences, however, concern the focus on certain areas and the means of labeling specific government agencies and bodies. For example, both Norway and the United States have a Supreme Court, which is the highest tier in each country's court system. Here, the justices decide which laws will be upheld. However, unlike the United States, Norway has conciliation boards and an Interlocutory Appeals Committee that allows for examination of information before it reaches the court. Furthermore, decisions made in the Norwegian Supreme Court are final, with no chance for appeal or complaint — the only exception being the Court for Human Rights (Sriramesh & Vercic, 2009).

The United States Supreme Court's rulings can be overturned by a future Supreme Court decision or a constitutional amendment. Although similar to Norway's Supreme Court in that no further appeals can occur once a case reaches the highest level, the mechanisms differ. Although England has no Supreme Court of its own, there is a Supreme Court of the United Kingdom. This court represents the ultimate court for civil and criminal matters in Wales, England, and Northern Ireland. This change was made on October 1, 2009, and replaced the judicial functions of the House of Lords. As Lee (2011) explains, "the Supreme Court has been established to achieve a complete separation between the United Kingdom's senior judges and the Upper House of Parliament, emphasizing the independence of the Law Lords and increasing the transparency between Parliament and the courts" (p. 37).

Returning to the United States, the court system operates under the judiciary branch with courts functioning at the district, state, and federal levels (Cole, Smith, & DeJong, 2013). Unlike Norway, which has a formal conciliation process, the U.S. Supreme Court can decide to take on a case or not, but does not operate under a separate formal agency for that purpose. Both countries use their respective judiciary branches to uphold national legislation, unlike England/Wales, which operates under the United Kingdom umbrella. As Sriramesh and Vercic (2009) note regarding Norway's judiciary: "The Judiciary is supposed to comprise a relatively independent branch of government. Its role is to implement legislation adopted by the Storting, but also to monitor the legislative and executive powers to ensure that they comply with the acts of legislation" (p. 99).

Policing and Law

As one of three major components in the United States criminal justice system, law enforcement acts semi-independently from its two counterparts: courts and corrections (Conser, Paynich, & Gingerich, 2013). Law enforcement agencies in the United States operate at the federal, state, and county levels. There are sheriffs at the county level and federal and state police at their respective levels (Conser, Paynich, & Gingerich, 2013). England operates in a similar manner, with the centralizing force being the United Kingdom. Additionally, the Crown dependencies and British Overseas Territories work with separate police forces that follow the British model (Jackson, Bradford, Stanko, & Hohl, 2012). A key difference is that these territories do not answer to the British government but to their own.

Norway has a police force that carries out the country's law enforcement in a decentralized way. As Sullivan, Rosen, Schulz, and Haberfeld (2005) note: "Norway has a national police force under the Ministry of Justice. The organization of the Norwegian Police is largely based on the principle of a decentralized and integrated police, where all functions of the police are collected in one organization" (p. 1216). This can be attributed to Norway's size and population, along with its largely homogenous citizenry. Norway represents a significant difference in law enforcement compared to the United States and England and Wales, especially regarding corrections.

Conclusion and Comparative Summary

In conclusion, the laws of the United States, Norway, and England/Wales are upheld by tiered court systems and enforced by varying police agencies. While Norway operates a decentralized police force able to work anywhere in the country without geographical or district restrictions, the opposite is true in the United States and, to a lesser extent, England. The United States has police at the local (sheriff), state, and federal levels. England has a police force that also operates under district and regional structures, with centralization occurring at the Supreme Court of the United Kingdom level. Although one might argue that the United States decentralizes its criminal justice system, the structure within that system is maintained through separate agencies with one central force — the federal government — overseeing and intervening accordingly. In relation to corrections and enforcement, Norway favors a restorative approach, while England and Wales and the United States pursue punitive measures. Incarceration rates are especially high in the United States.

The following table summarizes the key structural differences across all five dimensions for each country.

United States — Courts: The Supreme Court justices control the Supreme Court, and judges below this tier head the appellate courts (U.S. Court of Appeals), followed by District Courts and Bankruptcy Courts. The last tier consists of Article I Courts.

United States — Policing/Law: The main elements of law enforcement are police, courts, and corrections. There are federal, state, and county police, along with sheriffs. The Puerto Rico police are also included within this framework.

United States — Enforcement: Laws are enforced by police at the local, state, and federal levels. Because policing is part of the criminal justice system alongside courts and corrections, the courts primarily oversee the enforcement of law, followed by police action.

United States — Corrections: The U.S. has state adult prison agencies, state juvenile prison agencies, state parole/probation agencies, and insular areas adult prison agencies. Those who violate federal law are placed in federal prison, and local jails make up the remainder of the corrections system.

United States — Investigative Agencies: The main investigative agencies are federal. These include the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Department of Veterans Affairs (for criminal investigations); the Environmental Protection Agency; and the Federal Bureau of Investigation, among others.

England/Wales — Courts: At the top is the Lord Chief Justice, followed by four heads of divisions: Master of the Rolls, President of the Queen's Bench, President of Family, and Chancellor of the High Court. The Master of the Rolls heads the Court of Appeal, while the others head the High Court's three divisions.

England/Wales — Policing/Law: Law enforcement is similar to other countries in the UK. There are territorial police services, national law enforcement bodies, and miscellaneous police services.

England/Wales — Enforcement: The powers of officers are delegated by territorial police constables. Accountability comes from Her Majesty's Inspectorate of Constabulary and Her Majesty's Inspectorate of Constabulary for Scotland.

England/Wales — Corrections: Most prisons in England and Wales are run by Her Majesty's Prison Service, which exists as part of the National Offender Management Service of Her Majesty's Government. Current ranks include Operational Support Grade, Prison Officer, Supervising Officer, Custodial Manager, and Specialist Officer.

England/Wales — Investigative Agencies: Most investigations in England are performed privately. For homicide, however, there is a Murder Investigation Team comprising specialized homicide squads working in London, primarily under the Specialist Crime and Operations Directorate's Homicide Command.

Norway — Courts: Norway's court system has a structure similar to the United States, with the Supreme Court at the top. Below that are the Interlocutory Appeals Committee, the Courts of Appeal, the District Courts, the Conciliation Boards, and special courts. The King retains the power to pardon criminals.

Norway — Policing/Law: The main form of law enforcement is the Norwegian Police Service, a civilian agency made up of seven specialty agencies, twenty-seven police districts, and a central National Police Directorate. Above this agency is the Ministry of Justice and Public Security.

Norway — Enforcement: Police officers (except military police) are generalized and decentralized, meaning they have no sector or geographical limitations on their powers.

Norway — Corrections: The government agency for corrections is the Norwegian Correctional Service, governed by the Norwegian Ministry of Justice and Public Security, which oversees the Eastern, Southern, Southwestern, Western, and Northern regions.

Norway — Investigative Agencies: Kripos, or the National Criminal Investigation Service, is a special agency belonging to the Norwegian Police Service, based in Bryn within Oslo.

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