Class Name, Instructor Name Date, Semester Comparative Criminal Justice Systems / 6 th edition Chapter 7: An International Perspective on Courts

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Distinguish between legal professions that are unified and those that are specialized Compare and give examples of the various ways prosecution of criminal cases can be accomplished Compare and give examples of the various ways a defense against criminal prosecution can be provided Explain and give examples of the different ways in which professional judges and laypeople can be involved in the adjudication process Describe and compare how criminal courts are organized in China, England, France, Nigeria, and Saudi Arabia CHAPTER OBJECTIVES

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Distinguish between legal professions that are unified and those that are specialized Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 7.1

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Types of Legal Professions 7.1 Unified All legal professionals are considered to have the basic knowledge and training to participate in any of the legal fields Horizontal movement relatively easy United States is an example Specialized Each legal field has distinct entrance requirements Horizontal movement is difficult New law graduates may have an internship or apprentice-type experience Typical of many European countries vs.

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Compare and give examples of the various ways prosecution of criminal cases can be accomplished Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 7.2

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Variation in Prosecution 7.2 Prosecution of criminal cases is accomplished with either private or public prosecutors

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Types of Public Prosecution 7.2 Office of Public Prosecution Procurator Other public official The government, rather than the victim, initiates action United States is an example May be called district attorney and is typically an elected position Has broad discretionary power in deciding if and what to charge France and other countries using the inquisitorial process are examples Procurator is a government attorney taking action for a private citizen Duty is not so much to secure a conviction as to see society’s interests served In municipal-type courts of Austria, an agent of the court, who need not be an attorney, can perform prosecutorial tasks In Iceland, regional police commissioners have prosecution powers

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Compare and give examples of the various ways a defense against criminal prosecution can be provided Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 7.3

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Variation in Defense 7.3 Procedures for defending people being prosecuted may rely on laypeople but more often makes use of legal professionals

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Explain and give examples of the different ways in which professional judges and laypeople can be involved in the adjudication process Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 7.4

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved The Adjudication Process 7.4 Refers to the procedures used for deciding factual disputes In criminal cases, those factual disputes center on whether the accused committed a criminal offense In criminal cases, those factual disputes center on whether the accused committed a criminal offense The “adjudicators” are those responsible for making that determination Typical adjudicators are judges, lay judges, or jurors

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Types of Adjudicators 7.4 Professional Judges Lay Judges Jurors Typically come to their position in one of two ways: 1.Selection by others Appointment Election 2.Self appointment Private citizens (lay judges) included as part of a mixed bench with professional judges Provides functional equivalent to the jury trial as a way to provide citizen input Modification of earlier systems for exoneration such as trial by ordeal, by compurgation, or by battle Version coming to American colonies had jurors evaluating testimony of witness to determine if the defendant is guilty

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Examples of Adjudication Types 7.4 Saudi Arabia Saudi Arabia England Germany Heavy reliance on professional judges Qadi (judge) follows the Qur’an and Sunna in directing activities of the various players Shari’a sees no reason to have laypeople involved since qadi is assumed to be unbiased (otherwise he will go to Hell) Heavy reliance on laypeople Jury panels chosen at random from voter registration list American voir dire process is avoided as much as possible and persons eventually serving on the jury are mostly there by random drawing Mixed reliance on professional judges and laypeople Lay judges serve on a mixed bench with professional judges in lower level courts (one professional, two lay) or upper level courts (three professional, two lay) Selection process varies by state

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Describe and compare how criminal courts are organized in China, England, France, Nigeria, and Saudi Arabia Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 7.5

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Examples of Court Organization 7.5 France England & Wales Nigeria In principle, all cases go to court since agreeing or fighting charges is simply more evidence for the court to consider Too burdensome for full trial in all instances so several methods used to save time Virtually all criminal cases begin in local magistrates’ courts and 95% are completed there Minor cases, called summary cases, stay at magistrates’ court Serious offenses are passed on to the Crown Court Courts exist at both the federal and state levels and also includes traditional courts Each of the 36 states has a State High Court serving as the trial court of general jurisdiction Traditional courts include customary and Shari’a courts

© 2013 by Pearson Higher Education, Inc Upper Saddle River, New Jersey All Rights Reserved Examples of Court Organization (cont.) 7.5 China Saudi Arabia Informal court system is seen in the role of the People’s Mediation Committee (PMC) Formal system has four layers starting at the basic people’s court level and moving up through the intermediate and higher courts to the Supreme People’s Court at the top Follows a traditional format with trial, appellate, and last resort courts Criminal matters begin at the ordinary court level in either Summary or General court Cases are normally heard by a single judge unless a penalty of death or amputation is possible wherein a panel of three judges is used