Problems of the Criminal Judiciary Comparative Law: Courts in Other Countries

Why Look at Courts and Legal Systems of Other Countries? Show links between law and social and political context Assess how other systems balance crime control and due process

Types of Justice Systems Common law -- law created by judges Civil or Roman law tradition-- emphasis on statutes and written law Socialist law -- law in the service of revolutionary goals

Key Features of the American Adversary System Neutral, unbiased decision maker Adversaries develop the evidence Governed by procedural rules Stars and Stripes Bald Eagle from

Three Examples of Other Systems European criminal procedure based on civil law, inquisitorial system Middle East: criminal procedure in Saudi Arabia, based on Islamic system Chinese system of mediation

France: Inquisitorial Legal System Key component: decision maker may develop evidence Court actors: judge, magistrate Lawyers: prosecutor [procurator] and defense map of Europe from

Serious Criminal Act in France Police initiate investigation and report to procurator Examining magistrate also investigates crime, interviews and questions witnesses Police, procurator, and magistrate all presumed neutral Dossier prepared and sent for public trial

French Inquisitorial System: Some Questions Crime control or due process emphasis? Advantages, disadvantages of inquisitorial procedure? Would you rather be tried under inquisitorial/adversarial system?

Saudi Arabia: Law and Religion Intertwined Basis of law is Koran, the chief source of Islamic law No separation of religion and law Morals offenses illegal Draconian punishments common Saudia Arabian flag photo from

Serious Criminal Act in Saudi Arabia Court procedures not so important; judges expected to be just High standard of proof: cannot rely only on circumstantial evidence

Saudi Arabian System: Some Questions Crime control or due process emphasis? Advantages/disadvantages of shared religious basis of law? Your preference?

China: Mediate Don’t Litigate! Roots in harmony philosophy of Confucius Mediation emphasizes communal values rather than individual rights Chinese flag from

Prime Role of Local Mediation Committees People elected in local communities as mediators Disputes resolved within community Party members heavily represented Most cases end in mediation

Trials in China Evidence developed and cases screened Defendant notified shortly before trial Defense counsel works for state, plays only small role Conviction (usually through plea) is usual result

Chinese System: Some Questions Crime control versus due process? Advantages/disadvantages of emphasis on mediation? Your preference among all three systems if you were: –Defendant? –Victim? –Citizen?

Source of Information about Other Legal Systems: Ellen Hochstedler Steury and Nancy Frank, Criminal Court Process, published by West Publishing Company, See Chapter 5, Comparative Systems of Criminal Court Process.