Comparative Criminal Justice Six Model Nations England, France, Germany China, Japan, Saudi Arabia

Legal Traditions (Distinct Approaches) England: Unitary Common Law France: Unitary Civil Law Germany: Federal Civil Law China: Socialist Law Japan: Civil Law; hybrid system – national tradition and merging foreign cultures. Saudi Arabia: Islamic Law * A unitary government means that governmental power is centralized rather than being divided between states and a central government as in a federal system such as the U.S. and Germany.

Crime Issues England: drugs, terrorism, immigration, money laundering. Minority rights. France: drugs, terrorism, immigration, hate crime. Racial tension – cultural conflict. Germany: drugs, immigration, hate crime. Right-wing extremism and ethnic violence. China: organized crime (drugs, guns, smuggling, gambling), corruption, gangs, and economic crime. Japan: drugs and organized crime (Boryokudan). Saudi Arabia: drug crimes.

Question Which of the following domestic and/or transnational crimes do you think is having the greatest effect on crime rates and crime policies? Immigration, drug trafficking, or terrorism?

Crime Rate England: low-moderate; 9,928 per 100,000 (2001); increase since late 90’s. France: low-moderate; 6,932 per 100,000 (2002); increase since late 90’s. Germany: low-moderate; 7,893 per 100,000 (2002); decrease since late 90’s. China: low; 163 per 100,000 (1998); increased through the 90’s. Japan: low; 2,210 per 100,000 (2001); increased through the 90’s. Saudi Arabia: low; 157 per 100,000 (2001); increased through the 90’s (highest rate of increase).

Question Do you think homogeneity has an effect on crime rates in individual countries? If so, in what way?

Crime Policy England: criminal justice reform and “get tough” policies. France: “get tough” and “zero tolerance” policies. Germany: reunification policies. China: “strike hard” campaigns; modification of criminal procedure laws; increase in the death penalty for a variety of crimes. Japan: starting to adopt “get tough” crime policies. Saudi Arabia: harsh punishments including the death penalty for drug trafficking; religious based culture (Koran) inhibits crime.

Government England: A monarchy, however, the Prime Minister leads the nation. Parliament is the supreme power – Cabinet members administer the police, courts, and corrections. Elected and hereditary representation. France: A unitary republic, a president and elected representatives. Germany: A federal republic. General power is in the hands of the chancellor not the president. Elected representatives. China: A unitary socialist government; subordinate to the Chinese Communist party. Primary organs include the presidency, the State Council and the National People’s Congress. Japan: A unitary constitutional monarchy (the emperor is ceremonial) with a prime minister and three branches of government. Elected representation. Saudi Arabia: A nonconstitutional monarchy – the king is the chief of state and head of government. The king selects the Council of Ministers. No system of election or representation.

Constitution and Laws England: no written constitution, rely on constitutional traditions, compacts, and Common Law; no penal code. France: constitution of the Fifth Republic (1958); penal code. Germany: the constitution is called the Basic Law (1949); German law is a combination of statutes, ordinances, and administrative rules. China: no constitution, a movement from the “rule of man” to the “rule of law” (1979-present); informal social control. Japan: a new constitution following World War II. Criminal code that is predominantly German in nature. Saudi Arabia: no separate or formal constitution, however, the Basic Law (1993) and the Shari’a fulfill a similar purpose; some consider the Qur’an to be such. No published penal codes – Islamic law. Sacred Law tradition.

Legal System England: Common Law and statutes. France: unity of civil and criminal courts. Germany: reflects both Civil Law tradition and Common Law tradition. China: centrally monitored hierarchical court system (courts are typically in collaboration with local political leaders to meet the ideals of the Communist party). Japan: hierarchical system modeled after European Civil Law and English-American legal traditions. Informal procedures such as compromise and mediation. Saudi Arabia: the king is the highest court of appeal in the land and is responsible for judicial appointments to religious courts.

Police England: Home Secretary. France: The Police Nationale and the Gendarmerie Police. Germany: The Laender or state governments administer police functions not contrary to the Basic Law. China: Supreme People’s Procurate. Japan: National Police Safety Commission (administrative) and the National Police Agency (manages police duties). Saudi Arabia: Centralized and controlled by the minister of the interior.

Corrections England: Home Secretary. France: Ministry of Justice. Germany: The Laender or state government administer corrections not contrary to the Basic Law. China: Supreme People’s Procurate. Japan: Ministry of Justice and the Prison Bureau. Saudi Arabia: Scrutiny by government-appointed religious leaders.

How have the concepts of content, context, and time Question How have the concepts of content, context, and time affected these six nations?