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 Brief Contents

PREFACE xxiii

Chapter 1 Introduction 1
Chapter 2 Measuring and Comparing Crime in and across
Nations 15
Chapter 3 Families of Law 38

Chapter 4 Six Model Nations 65

Chapter 5 Law Enforcement: Functions, Organization, and
Current Issues 98
Chapter 6 Criminal Procedure 125

Chapter 7 The Courts and Legal Professionals 156

Chapter 8 After Conviction: The Sentencing Process 190

Chapter 9 After Conviction: The Problem of Prison 213

Chapter 10 Terrorism 239

Chapter 11 Transnational Organized Crime 260

Chapter 12 Juvenile Justice in International Perspective 281

GLOSSARY 301
B IB LI OG RA P HY 3 0 9
I ND E X 339

vii
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 Contents

PREFACE xxiii

Chapter 1 Introduction 1
Defining Terms 2
The Origins and Growth of Comparative Criminal Justice 4
Why Compare Systems of and Issues in Criminal Justice? 5
To Benefit from the Experience of Others 5
To Broaden Our Understanding of the World 6
To Deal More Effectively with Transnational Crime Problems 7
The Historical-Political Approach 9
Model Systems 9
Basic Values in the Criminal Justice System 10
Political Culture versus Politicized Justice 10
The Plan of This Book 11
Summary 12
Discussion Questions 13
For Further Reading 13
Web Pages for Chapter 14

Chapter 2 Measuring and Comparing Crime in and across

Nations 15
Why Measure and Compare Crime Data? 17
The Historical Background of International Crime Data 18
The Different Kinds of Crime Data 19
The Police Perspective 19
The Victim Perspective 20
The Offender Perspective 20
International Crime Data 21
Homicide Rates 28
Crime Rates in Model Countries 30

ix
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 x CONTENTS

The Exceptions: Countries with Low Crime 30

How Does the United States Measure Up? 31
Summary 35
Discussion Questions 37
For Further Reading 37
Web Pages for Chapter 37

Chapter 3 Families of Law 38

Shared Notions of Justice 39
Historical Origins of Legal Traditions 41
Roots of Ancient Legal Traditions 42
Indigenous Law 43
Public, Private, Civil, and Criminal Law 44
The Civil Law 45
Roman Law 45
Canon and Commercial Law 46
The Napoleonic Code 46
The German Civil Code 48
The Importance of the French and German Civil Codes 48
The Common Law 48
The King’s Court 48
Equity Courts 49
The Modern History of the Common Law 50
The Socialist Law 52
The Historical Background of Socialist Law 52
Socialism and the People’s Republic of China 53
Socialist versus Civil Law 54
The Sacred Law 57
Sources of Islamic Law 58
The Prevalence of Shari’a 59
Crime and Punishment under Shari’a 59
Equality and Islamic Justice 60
Summary 62
Discussion Questions 64
For Further Reading 64
Web Pages for Chapter 64

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 CONTENTS xi

Chapter 4 Six Model Nations 65

England 66
Overview 66
Historical Development 69
Crime 71
Criminal Law 71
The Criminal Justice System 72
Comparisons with the United States 72
France 74
Overview 74
Historical Development 74
Crime 75
Criminal Law 76
The Criminal Justice System 76
Comparisons with the United States 77
Germany 77
Overview 77
Historical Development 78
Crime 79
Criminal Law 80
The Criminal Justice System 80
Comparisons with the United States 80
China 81
Overview 81
Historical Development 82
Crime 83
Criminal Law 84
The Criminal Justice System 85
Comparisons with the United States 85
Japan 86
Overview 86
Historical Development 87
Crime 87
Criminal Law 88
The Criminal Justice System 89
Comparisons with the United States 89

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 xii CONTENTS

Saudi Arabia 90
Overview 90
Historical Development 91
Crime 91
Criminal Law 93
The Criminal Justice System 94
Comparisons with the United States 94
Summary 95
Discussion Questions 97
For Further Reading 97
Web Pages for Chapter 97

Chapter 5 Law Enforcement: Functions, Organization, and

Current Issues 98
Policing in a Democracy 99
Functions of Police 101
Deviance Control 101
Civil Order Control 101
Policing in the Model Countries 103
England 103
France 105
Germany 107
China 108
Japan 111
Saudi Arabia 112
Key Operational Issues for Police around the Globe 114
Community Policing 114
Diversity 116
Privatization 117
Police Corruption 118
International Police Cooperation 119
Summary 122
Discussion Questions 124
For Further Reading 124
Web Pages for Chapter 124

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 CONTENTS xiii

Chapter 6 Criminal Procedure 125

The Adversarial System 127
The Inquisitorial System 128
The Popular (Mixed) System 129
Common Law Criminal Procedure 130
The Right to Counsel 130
The Right to Remain Silent 132
The Right to Trial by Jury 133
The Right to Bail 134
Civil Law Criminal Procedure 134
The Investigation 134
The Right to Bail 136
The Right to Counsel 136
The Right to Remain Silent 136
Right to Trial by Jury 137
Socialist Criminal Procedure 137
Pretrial Investigation 138
The Right to Bail 138
The Right to Counsel 139
The Right to Remain Silent 139
The Chinese Trial and Judicial Fairness 140
Distinctive Aspects of Socialist Law Procedure 141
Sacred (Islamic) Criminal Procedure 142
Investigation 143
The Right to Bail 143
The Right to Counsel 144
The Right to Remain Silent 144
The Right to Trial by Jury 144
Japan: The Hybrid Situation 145
Constitutional and System Review 147
Arrangements for Constitutional Review 147
No Review 148
Nonjudicial Review 148
Judicial Review with Legislative Approval 148
The Convergence of Systems 149

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 xiv CONTENTS

Beyond Constitutional Review: Supranational Courts 150

Summary 152
Discussion Questions 154
For Further Reading 154
Web Pages for Chapter 155

Chapter 7 The Courts and Legal Professionals 156

The Concept of a Court 157
Actors in the Legal Profession 159
Adjudicators 160
Advocates 160
Advisors 161
Legal Scholars 161
Career Paths of Legal Professionals 162
Bureaucratically Oriented Systems 162
Politically Oriented Systems 162
The Courts and Legal Professions in Our Model Countries 163
Courts and the Legal Profession in England 164
Courts and the Legal Profession in France 167
Courts and the Legal Profession in Germany 169
Courts and the Legal Profession in China 171
Courts and the Legal Profession in Japan 174
Courts and the Legal Profession in Saudi Arabia 177
Supranational Courts 179
The Background of Supranational Courts 179
Supranational Courts Today 180
International Criminal Court 182
The Legal Jurisdiction of Supranational Courts 185
Challenges Facing Supranational Courts 186
Summary 186
Discussion Questions 189
For Further Reading 189
Web Pages for Chapter 189

Chapter 8 After Conviction: The Sentencing Process 190

The Purposes of Criminal Sanctions 191
Sentencing Practices 194

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 CONTENTS xv

Corporal Punishment 195

Noncustodial Sanctions 196
Monetary Sanctions 197
Community Supervision 200
Imprisonment 202
International Prison Data 203
Limits of International Prison Data 205
The Death Penalty 206
Summary 209
Discussion Questions 211
For Further Reading 212
Web Pages for Chapter 212

Chapter 9 After Conviction: The Problem of Prison 213

The Evolution of Prison Systems 214
The American Experience with Incarceration 215
Penal Policy in the Model Nations 216
England and Wales 216
France 219
Germany 220
China 222
Japan 224
Saudi Arabia 226
Prison Crowding 227
Reasons for Crowded Prisons 227
Prison Crowding Data 227
Effects of Prison Crowding 229
Solutions to Prison Crowding 229
Rights of Prisoners 231
Incarceration of Supranational Criminals 233
Treatment of Offenders in the Custody of the
United States 233
Summary 235
Discussion Questions 237
For Further Reading 237
Web Pages for Chapter 238

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 xvi CONTENTS

Chapter 10 Terrorism 239

The Historical Background of Terrorism 241
Terrorism in the United States Prior to 9/11 243
Defining Terrorism 243
The Goals of Terrorism 245
The Prevalence of Terrorism 248
Foreign Terrorist Groups 249
Responses to International Terrorism 250
Foreign Policy 250
International Cooperation Strategies 251
Military and Police Detection and Apprehension
Strategies 252
Legislation 253
Adjudication 254
The Future of Terrorism 255
Summary 256
Discussion Questions 258
For Further Reading 259
Web Pages for Chapter 259

Chapter 11 Transnational Organized Crime 260

What Is Organized Crime? 262
The Scope of the Organized Crime Problem
Worldwide 265
Human Trafficking 266
Cybercrime 268
Organized Crime in Selected World Regions 270
Europe 270
Asia 270
Other World Regions 273
Corruption 273
Responses to Organized Crime 276
Summary 278
Discussion Questions 279
For Further Reading 280
Web Pages for Chapter 280

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 CONTENTS xvii

Chapter 12 Juvenile Justice in International

Perspective 281
What Is Delinquency? 283
Measuring Delinquency 284
Adjudicating Juveniles 286
The United Nations and Juvenile Justice 288
Correcting Juveniles: Punishment versus Rehabilitation 290
Delinquency Prevention Approaches 292
Juvenile Justice in Six Model Countries 293
England 293
France 294
Germany 295
China 295
Japan 296
Saudi Arabia 296
The Future of Juvenile Justice 297
Summary 297
Discussion Questions 299
For Further Reading 299
Web Pages for Chapter 300

GLOSSARY 301
B IB LI OG RA P HY 3 0 9
I ND E X 339

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 Comparative
Criminal Justice
at the Movies

Chapter 1 Hotel Rwanda 12

Chapter 2 Taken 35

Chapter 3 Slumdog Millionaire 62

Chapter 4 Crash 95

Chapter 5 Rendition 122

Chapter 6 Lord of War 153

Chapter 7 Last King of Scotland 187

Chapter 8 Traffic 210

Chapter 9 Return to Paradise 235

Chapter 10 Syriana 257

Chapter 11 Blood Diamond 278

Chapter 12 Midnight Express 298

xix
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 Critical Thinking
Exercises

Chapter 1 Honor Killing 13

Chapter 2 Wales Has “Third-Highest Rate of Violent

Crime in the World”? 36

Chapter 3 Equal in China? 63

Chapter 4 Oil Industry Faces Trial on Rights Abuses 96

Chapter 5 Police Policy of Pay-for-Sex Services Is

Challenged 123

Chapter 6 Suspects Shot “Casing Videos” 154

Chapter 7 Questions about South Korea’s

Constitutional Court 188

Chapter 8 A Possible Move from the Adversarial to the

Inquisitorial Legal System? 210

Chapter 9 The Global Shift against the Death

Penalty 236

Chapter 10 Fighting Terrorism through Anti-Drug

Investigations? 257

Chapter 11 International Money Laundering Scheme 279

Chapter 12 Ending Life without Parole for Juvenile

Offenders 298

xxi
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 Preface

W riting a textbook on comparative criminal justice is a daunting task. The

world is a diverse and complex setting for both crime and justice in their
many forms. The serial treatment of criminal justice systems gives little basis for
comparison, while criminal justice process-oriented comparisons can prove too
abstract for the student without international legal experience. Therefore, an effort
is made here to effect a compromise between these approaches: the book is orga-
nized according to criminal justice process with a strong emphasis on comparisons
among countries, but the focus is centered on six model countries, each exempli-
fying a distinct family of law or justice system arrangement that affects the criminal
process. The use of the model countries brings the material to a concrete, national
level. The model countries chosen are England, exemplifying a Common Law
system; France, exemplifying a unitary Civil Law system; Germany, exemplifying
a federal Civil Law system; the People’s Republic of China, exemplifying a Social-
ist Law system; Saudi Arabia, exemplifying a Sacred Law system; and finally Japan,
exemplifying a hybrid system made up of elements of various others but distinctive
in its own right. The United States is used as a comparison throughout.
While the choices made in the formulation and selection of comparative
justice material are sometimes difficult, this book and its contents are essential
topics for any serious student of criminal justice. The call for the study of inter-
national crime data, the adjudication of war criminals, and the attempt to co-
ordinate law enforcement globally are just three stark examples of the need for
further understanding of transnational crime and justice issues. With rapid
changes in global communication, travel, and commerce, the problems of
international and comparative criminal justice are sure to increase in scope and
intensity throughout the twenty-first century.
Ideally, the student in a course on comparative criminal justice has taken at
least an introductory criminal justice course and perhaps an introductory govern-
ment course. However, for those who have not, the book tries to introduce all
criminal justice topics in clear and simple language. This book was written and
updated to meet the needs of students in upper-level courses in their final years
of undergraduate studies but has also been used for graduate students. The style
of writing is meant to be accessible to all levels of students, and the book con-
tains a large number of examples, cases, and other pedagogical materials that
bring the subject to life for all students.
After a general introduction that includes a discussion of the importance
of comparative study and an exposition of comparative crime data, the book

xxiii
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 xxiv PREFACE

introduces not only each family of law in some detail but also each model country
and its unique characteristics. This sets the stage for comparisons of the three main
aspects of the criminal justice system: police, courts, and corrections among these
countries. The approach incorporates historical, political, economic, and social fac-
tors that are central to understanding different countries and their legal systems.
In addition to its comparisons of countries in terms of their crime and justice
situations, the book also addresses pressing issues of criminal justice that provide a
challenge to policy makers and justice officials worldwide. These issues are supra-
national courts, terrorism, international organized crime and human trafficking,
and the treatment of juveniles.

NEW UPDATES TO THIS EDITION

The fifth edition of this book includes many changes, revisions, and updates,
including:
■ New chapter opening case study vignettes (every chapter).
■ New chapter learning objectives (every chapter).
■ Movie boxes in every chapter (“Comparative Criminal Justice at the
Movies”) summarizing recent movies dealing with comparative criminal
justice issues and asking students to apply material from the text.
■ A critical thinking exercise box in every chapter, based on news of crime
and criminal justice in comparative context and asking students to apply
material from the text.
■ A separate chapter (the only book of its kind to include one) on
international crime trends, including new data on crime victimization in
30 countries and 33 world cities, and homicides in 54 countries.
■ The addition and updating of numerous tables that summarize information
contained in the text.
■ Separate sections about the correlates of crime, policing, hybrid courts, and
the incarceration of supranational criminals.

Detailed Changes

Chapter 1
■ Addition of learning objectives at beginning of chapter
■ New chapter vignette used at opening of chapter
■ Explanation of differences between international and transnational crimes
■ New table, text, and figure specifying and defining major categories of
transnational crimes and their context
■ Critical thinking explained and used as basis for critical thinking exercise in
chapter

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