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The Criminal Justice System of Sweden

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The Criminal Justice System of Sweden

In Sweden, there is one of the lowest rates of incarceration and recidivism, especially in

comparison with the United States. Indeed, only 1 in 2,278 of the country’s population is in jail

and around 30 percent reoffend (Hedstrom, 2018). In general, the criminal justice system

comprises of law enforcement, court, and correctional systems. Particular attention in the country

is paid to the protection of human rights. The major aim of the paper is to understand the root

causes of such low rates of incarceration and recidivism in Sweden and compare the Swedish

and US criminal justice systems. The correctional system, crime rate, and recidivism rate are

considered three major differences between Sweden and the United States. Some improvements

need to be made to the American police, judicial and correctional systems in order to reduce

recidivism and crime rates and improve the criminal justice system in general.

The Criminal Justice System of Sweden

History

It is not exactly known when Sweden became an official country. Nonetheless, there is

evidence that the earliest alterations in its criminal justice system occurred in about 1000-1100

(Hedstrom, 2018). At the time, court hearings were held on hilltops and other notable locations.

Each province and sometimes each city had its own laws. The laws were only oral at that time

and they were paraphrased and interpreted by the judge who was appointed by the town or

province. It was a very unfair and harsh justice system and the majority of punishments were

grounded on the Hammurabi code: an eye for an eye or a tooth for a tooth. A more organized

justice system started developing in about 1200-1300 with the move to the adoption of the

country’s laws instead of having separate laws for every town or province (Hedstrom, 2018).

Fridslagarna were the first federal laws recognized and written. They were adopted in the middle
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of the 1200s by the country’s statesman Birger Magnusson (Hedstrom, 2018). Since that time,

the criminal justice system of Sweden began to develop rapidly. The country has civil law

tradition. It’s legal system has roots in the German civil law tradition.

Modern history of development of the Swedish criminal justice system began in the 19th

century. The 1800s and 1900s saw multiple alterations in Sweden modernizing the system

(Hedstrom, 2018). For instance, in 1880, Advokatsamfundet was created similar to the Bar

Association in the United States (Hedstrom, 2018). If earlier, the king was empowered to make

decisions in the criminal justice system, he was replaced by the Supreme Court – Högsta

Domstolen. In 1950, Sweden adopted the European Convention on Human Rights and sixteen

years later, the EU conducted several human rights regulations mandatory to the European states,

involving Sweden (Hedstrom, 2018). The country pays close attention to these regulations.

Law Enforcement System

In Sweden, law enforcement is considered the largest part of the criminal justice system

of the country. The duty of Swedish police officers is to maintain peace and order, prevent crime,

and protect constitutional rights of citizens. They also strive to improve the citizens’ safety and

reduce crime. Police officers have the discretion and right to make an arrest that is the initial step

in starting a criminal proceeding. This responsibility makes it vital that the decisions and

subsequent actions of officers are fair and impartial. In general, the police system of the country

is organized from 5 national departments, 7 regions, 27 police districts, and 95 local police

districts (Hedstrom, 2018). Every region supervises a particular area that typically spans several

counties. There are regional police chiefs in all regions who bear responsibility for police

activities and operations in the covered area. As to police districts, they cover an entire county,

while local police districts are located in one or more municipalities. Local police districts are
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responsible for regular law enforcement functions, for instance, basic investigations, crime

prevention, peacekeeping, and traffic violations. In turn, police districts usually deal with more

serious crimes and complex tasks including dealing with domestic violence or hate crimes. Such

a division allows law enforcement to be effective and concentrate on particular tasks and duties.

A distinctive feature of the Swedish police is the careful use of firearms. On average,

over the past 12 years, the police have used firearms 28 times a year (Hedstrom, 2018).

Nonetheless, 13 of these shots have been warning shots (Hedstrom, 2018). The Swedish police

can use weapons when a person is mentally ill or is under the influence of drugs or alcohol and

threatens to harm the public or the police with the edged weapon. In such a way, careful use of

weapons by the Swedish police is considered a highly important aspect of the criminal justice

system of the country.

Court System

After the suspect has gone through the law enforcement system, the court process is the

next step. This system is of the greatest significance in any criminal justice system by

establishing innocence or guilt, prosecuting suspects, and sentencing defendants to appropriate

sentences if convicted (Terrill, 2013). Given the ability to determine a suspect’s future and the

potential to deprive a person of his/her liberty within the justice system, it is imperative that the

trial is conducted in an impartial and fair manner. Moreover, all people undergoing legal

proceedings should be guaranteed equal treatment, regardless of the gender, race, or

socioeconomic background (Terrill, 2013). In Sweden, this guarantee is provided in the majority

of cases. The Swedish court system is structured around three categories, involving general

courts, administrative courts, and special courts. The general courts structure resembles to that of

the United States, with district courts, courts of appeal, and supreme court. District courts deal
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with first-instance criminal and civil cases, as well as bankruptcy, adoption, and disagreements.

The verdict is decided by the presiding judge, along with several lay judges. In general, any

Swedish citizen can be a lay judge and legal training is not required (Hedstrom, 2018).

Nonetheless, municipal councils appoint lay judges for a four-year term and due to this fact, they

are usually composed of well-educated people, frequently politicians. In some criminal cases,

victims and witnesses can have volunteers who provide them with support and advice.

Courts of appeal represent the next level in the general court system. These courts in

Sweden are similar to the ones in the United States, where a case can be filed in case some legal

dissatisfaction with a district court’s procedure and ruling exists (Terrill, 2013). Courts of appeal

in Sweden usually accept and hear approximately 40 percent of civil cases filed, but they are

obliged to deal with all serious criminal cases (Hedstrom, 2018). These courts are composed of

at least three judges and several lay judges must also be present in criminal cases. The accused in

the criminal case, in which the appellate court has been reconsidered for a new trial, must be

present at the hearing. It is rare that the Supreme Court submits and passes the decision of the

court of appeal, as the Supreme Court usually hears cases setting a precedent. The Supreme

Court in Sweden includes sixteen justices that are appointed by the government (Hedstrom,

2018). Apart from the fact that it provides justice in the appealed cases, the Supreme Court also

seeks to benefit the society in terms of judicial leadership.

Administrative courts have the same structure as general courts. Administrative courts are

composed of general administrative courts, administrative courts of appeal, and a supreme

administrative court. The major difference between an administrative court system and a general

court system consists in the fact that administrative deals with cases of disagreement between a

community and an individual. Such cases usually involve social security, taxes, compulsory care,
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and immigrant status (Hedstrom, 2018). Apart from the administrative and general courts, the

Swedish court system has several special courts, for instance, the Foreign Intelligence Court and

the Labor Court. Each of these courts deals with narrowly focused cases.

Correctional System

When the offender has been gone through the law enforcement and court system and has

been found guilty, the correctional system represents the final stage. The organization and

structure of the correctional system is highly significant in terms of working to reduce prison

overcrowding, crime, and recidivism (Hedstrom, 2018). The Swedish correctional system plays a

very important role in the criminal justice system. It is divided into three parts, including pre-trial

detention centers, prisons and non-custodial sanctions. The first ones resemble prisons in the

United States where defendants and suspects are held awaiting trial. The Detention Act protects

all people in such centers (Hedstrom, 2018). According to this act, people receive certain rights,

for instance, they can contact with people outside the center and can receive medical care if

needed. The major purpose of these centers is not only to detain people, but also to begin

preparing them to reduce any sense of isolation and make positive alterations in their lives.

Feelings of isolation are reduced by allowing people to exercise, study, and work and not be left

alone for long periods of time unless they want to.

As to prisons, they are divided into three security levels. The lowest level involves open

prisons while others are closed prisons. The security level is mainly grounded on the ability of

the institution to treat problem prisoners and prevent escapes. The court system makes a decision

what risk a person poses for ensuring that he/she is not placed in a higher security prison than

needed (Hedstrom, 2018). It is interesting that prisons with the lowest level of security do not

have any barriers to escape. In the majority of cases, such prisons contain nonviolent prisoners
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convicted of less serious crimes. Besides, they frequently hold prisoners transferred from prisons

with the level of security in order to serve the final sentence there for assisting in their better

reintegration into society. In addition, inmates who serve sentences in the prison with the lowest

security level are allowed to leave the building during the day to participate in treatment

programs, attend classes, or find job (Hedstrom, 2018). Thus, there are very good conditions for

inmates in open prisons.

In turn, high-risk criminals usually held in closed prisons that have a quite strict regime

and a high level of security. In spite of the fact that these prisons are considered high-security

facilities, correctional officers do not carry weapons. Guards contact the local police in case

serious situations emerge in the prison; at the same time, such events are rare (Hedstrom, 2018).

In all prisons, correctional officers are usually regarded personal officers meaning that they are

appointed to a small group of prisoners and they carry personal responsibility for them. This

responsibility is to motivate, assist, and advise prisoners to rehabilitate. In general, the most

important purpose of the Swedish correctional system is not to punish prisoners but to find the

root cause of why the offender has committed this crime. Besides, the system helps people adapt

to society after release. The system strives to mitigate any adverse impacts of incarceration on

prisoners in order with the purpose to prevent reoffending.

Comparison

There are both similarities and differences between the criminal justice systems of

Sweden and the United States. Besides, there are positive and negative aspects in both systems.

A positive aspect in the criminal justice system of the United States is that a defendant can post

bail if he/she wants to avoid jail awaiting trial. The amount of bail may vary depending on the

severity of the crime (Hedstrom, 2018). Due to the fact that bail does not consider the financial
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situation of the accused, it is considered a privilege for people who are able to afford it instead of

being a right for all defendants. In such a situation, the guaranteed equal treatment in the justice

system can be discussed. Nonetheless, there is no bail in Sweden and it can be a negative aspect

of the criminal justice systems of this country because there is no one can have an opportunity to

avoid jail awaiting trial. Therefore, Sweden can consider implementing bail similar to that in the

United States.

The most negative aspect of the criminal justice systems of the United States consists in

very high rates of prison population and recidivism. Therefore, the country should reform the

system for it to respond to the demand of justice. One of the reforms already implemented is the

First Step Act intended to cut long sentences. In 2013, the population of the United States was

around 4.4 percent of the world’s population (Hedstrom, 2018). At the same time, it was home to

approximately 22 percent of the world’s jail and prison population (Hedstrom, 2018). If to look

at prisons alone, there were more than a million and a half people incarcerated in the United

States in 2014 meaning that 1 in 204 people in the US population was imprisoned with a

sentence of at least one year (Hedstrom, 2018). In such a way, the country experiences a very

serious problem of prison overcrowding. Apart from this problem, there is an extremely high rate

of recidivism. Approximately two thirds of criminals return to prison within three years of

release. In turn, in Sweden, the situation is totally different. Since the beginning of the twenty-

first century, the rate of reentry in the country has dropped by nearly 10 percent while in 2011,

around 30 percent of offenders committed a new offense within the three-year period after

release. Besides, the United States outpaces Sweden in practically each category of crime. In

2016, 106 murders were committed in Sweden meaning 1.07 murders per 100,000 inhabitants

while in the United States, the homicide rate was 5.3 murders per 100,000 inhabitants the same
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year (Hedstrom, 2018). Sweden represents a country that is well-known for its excellent judicial

and prison systems, as well as a very low recidivism rate. Thus, in 2015, there were around 4,200

inmates in Sweden held in all prisons that is about 1 in 2,278 of the country’s population

(Hedstrom, 2018). Apart from this, there is also a substantial difference in the policing systems

of the US and Sweden.

It is especially true for the usage of lethal force and misconduct of officers. Between 2002

and 2011, 1.6 percent of the 44 million people who came into contact with US law enforcement

reported non-lethal force at the hands of the officer (Hedstrom, 2018). Besides, there is also

racial inequality in the use of force by the US police. For instance, African Americans were

subjected to violence during body searches twice as often in comparison with whites. At the

same time, there is practically no such problem in Sweden with only 17 percent of the 6,258

complaints of misconduct reported in the justice system were connected with the usage of force

by the police (Hedstrom, 2018). Taking into account the fatal force, an average number of people

killed by the Swedish police per year for the last 25 years was one (Hedstrom, 2018). In turn,

according to the police reports, there were 2012 fatalities between January 1, 2015 and October

31, 2016 in the United States, which means 3 fatalities a day (Hedstrom, 2018). A person from

the United States may be 34 times more likely to receive a fatal blow at the hands of the police in

comparison with the person from Sweden. Nonetheless, gun laws in the United States and

Sweden are different. Due to the fact that in Sweden, gun laws are stricter, the likelihood of the

Swedish police officer confronting a suspect with a gun is likely to be lower compared to the

likelihood of the American colliding with a gunman. In such a way, due to the fact that the gun

laws are different in these countries, there can be substantial differences in the use of lethal force
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and misconduct of officers between the United States and Sweden. Thus, one can make a

conclusion that the US should reform gun laws and it can take an example from Sweden.

Conclusion

Sweden is considered a country with one of the best criminal justice systems in the world.

Significant differences can be seen between the Swedish and US criminal justice systems in

terms of crime rates, recidivism, and detention. The United States accounts for around 4.4

percent of the global population, but is home to more than 20 percent of the world’s prisoners

and this fact makes the United States a number one country for the amount of prisoners. Besides,

a level of recidivism is extremely high in the US. In such a way, the United States should take an

example from Swedish criminal justice systems, in particular in terms of the correctional system.

The main thing is that the purpose of the Swedish correctional system is to mitigate the adverse

impacts of incarceration on prisoners for preventing reoffending. The purpose of the Swedish

correctional system is to find the root cause of why the offender has committed the crime instead

of just punishing a person. At the same time, the United States has a bail practice if a person

wants to avoid jail awaiting trial and there is no such a practice in Sweden. The latter can

implement it in order to give people an opportunity to avoid jail awaiting trial.

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References

Hedstrom, J. (2018). The American and Swedish criminal justice system: A comparative study.

Electronic Theses and Dissertations. https://dc.etsu.edu/etd/3397

Terrill, R. J. (2013). World criminal justice systems: A comparative survey. Waltham, MA:

Anderson Publishing.