Presentation on theme: "Comparative Criminal Justice Systems"— Presentation transcript:
1 Comparative Criminal Justice Systems LEGAL TRADITIONSCHAPTER FOURReichel
2 Question How have the concepts of content, context, and time affected other nationsand legal traditions?
3 Legal Traditions: A Cultural Perspective The cultural perspective reflects historical attitudesabout the following issues:Nature of the law .The role of law in society.How a legal system should be organized and operated.The way law is or should be made, applied, or perfected.
4 Indigenous Laws Native laws of persons who originate from or live in a particular area –independent of outside influences, i.e.,aboriginal or native populations.Indigenous laws have influenced legal systems throughout the world.
5 Socialist Law Tradition Four Legal TraditionsCommon Law TraditionCivil Law TraditionSocialist Law TraditionIslamic Law Tradition
6 Key Characteristics of Four Legal Traditions Common LawFeudal practicesCustomEquityCivil LawRoman lawCanon lawCodificationSocialist LawRussian lawLaw as artificialMarxism-LeninismIslamic LawShari’aWitnesses and oathsExtensions
7 and unwritten law distinguished? QuestionHow are written lawand unwritten law distinguished?
8 Sample Countries in the Four Families of Law Civil Law Family: Belgium, France, Germany, Luxembourg, and SpainCommon Law Family: Canada (except Quebec), England, India, Australia, and the U.S.Socialist Law Family: China, Cuba, North Korea, Vietnam, the former Soviet UnionSacred Law Family: Iran, Pakistan, Saudi Arabia, Sudan, Nigeria
9 QuestionAlthough the United States has its legal tradition in Common Law, the statutes that are created by the legislature resembleCivil Law.How do the statutory provisions passed by the U.S. differ from the French or German Civil code systems?
10 Courts and Legal Tradition Common LawCourts share inbalancing powerCivil LawCourts have equalbut separate powerSocialist LawCourts are subordinateto the legislatureIslamic LawCourts and other government branches are subordinate to the Shari’a
11 A Substantive Perspective (The Primary Source of Law) Common LawCustomCivil LawWritten code(provided by rulersor legislators)Socialist LawPrinciples of thesocialist revolutionIslamic LawDivine revelation
12 A Procedural Perspective (Flexibility) Common LawJudge-made law and particularizationCivil LawVariation in reasoningand definition,and identification of issuesas either questionsof law or fact.Socialist LawPrinciples of analogy and directions fromhigher-level courtsIslamic LawMazalim courts and the process of ijtihad
13 Which of the four legal traditions would be easiest to compare? QuestionWhich of the four legal traditions would be easiest to compare?
14 Civil and Common Law Systems CIVIL LAWLaw and procedure governed by codesForward lookingCodes based on scholarly analysis and conceptualizationsSupreme Court interprets nuances of the lawCOMMON LAWLaw and procedure governed by laws and precedentsFocus on past experiencesLaws reflect the experiences of pratitioners, on a case-by-case basisSupreme Courts develop law
15 Civil and Common Law Systems (Cont’d) CIVIL LAWLegal proceedings must establish the entire truthJudges are free to find and interpret factsLittle lay participationNo presumption of guilt or innocence.COMMON LAWTruth-finding is strictly limited by pleadings and rules of evidenceRules of evidence limit the fact-finding processGrand and petit juries play a strong roleThere is a presumption of innocence
16 Name a few other examples Summary StatementNone of these types of law is practiced in its “pure,” or ideal form in today’s world.Example: NigeriaName a few other examplesand explain why?