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Comparative Criminal Justice

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Presentation on theme: "Comparative Criminal Justice"— Presentation transcript:

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2 Comparative Criminal Justice
Comparative criminologists study crime on a cross-national level. Their work helps us evaluate and improve our own system.

3 Ethnocentrism and the Study of Criminal Justice
Criminal justice in America tends to be ethnocentric. Ethnocentrics believe in the superiority of their own social or ethnic group and culture. Ethnocentricity relates to behavior, values, beliefs, and customs.

4 Some countries are not as open with their data and information.
Problems with Data Some countries are not as open with their data and information. Even studying criminal justice is taboo in some places. Some research methods may be considered disrespectful.

5 Problems with Data Difficulties in comparing international crime data due to: Definitional differences Social, cultural, and economic differences increase the difficulty. Diverse reporting practices INTERPOL & UN are the only international organizations to regularly collect crime statistics. Political and other influences on reporting statistics to international agencies

6 Islamic Criminal Justice
Since September 11, 2001: Islamic Law has been the subject of much discussion in the United States. Islamic law refers to legal ideas based on the teachings of Islam. It is NOT the same thing as jihad (Muslim holy war) or Islamic fundamentalism. It is NOT intrinsically related to acts of terrorism committed by misguided zealots of Islamic background.

7 Islamic Criminal Justice
Islamic law Descends directly from the teachings of the Prophet Muhammad. Muhammad aimed to teach men what to do and how to behave in order to achieve salvation. Is a system of duties and rituals founded on legal and moral obligations.

8 Four Major Aspects of Islamic Criminal Justice
Islamic justice means: Sacred trust—a duty to be discharged sincerely and honestly. Mutual respect of one human being by another. Social bond—transforms society into a brotherhood in which everyone becomes a keeper of everyone else and each is held accountable for the welfare of all. Command from God dictates that whosever violates God’s commands be subject to strict punishments according to Islamic tradition and belief.

9 The Hudad Crimes Making war on Allah or His messengers Theft
Islamic law recognizes seven Hudad crimes, crimes based on religions strictures. Regarded as offenses against God, the Hudad crimes are: Making war on Allah or His messengers Theft Adultery or fornication False accusation of adultery or fornication “Corruption on earth” Drinking alcohol Highway robbery

10 The Hudad Crimes Islamic law mandates strict punishment for moral failures and property crimes, like: Flogging for intercourse outside of marriage. Flogging and stoning to death for adultery. Hand amputation for some thieves. Whipping for kissing outside of marriage or cursing.

11 The Tazir Crimes Crimes other than Hudad crimes are called Tazir crimes. These are minor violations of Islamic law and are regarded as offenses against society, not God. These crimes require quesas (retribution) or diya (fines). Quesas offenses generally require physical punishment up to and including death. Manslaughter Murder Assault Maiming

12 Islamic Courts Islamic Courts typically exist on three levels:
The upper level hears cases involving potential for serious punishments such as death, exile, or amputation. The lower level deals with relatively minor matters such as traffic violations and violations of city ordinance. The specialty level hears cases dealing with crimes against the government, narcotics offenses, state security, and corruption.

13 Islamic Courts Within Islamic Courts Appeals are rarely granted
Women are treated differently from men The testimony of a man is worth more. The testimony of two “virtuous” women equals that of one man.

14 The United Nations (UN)
The UN is the largest and most inclusive international body in the world. Consists of 185 member states Is located in New York City Is very interested in international crime prevention and world criminal justice systems

15 The United Nations (UN)
Activities, interests, and recommendations of the United Nations include: International Bill of Human Rights Standard Minimum Rules for the Treatment of Prisoners UN Code of Conduct for Law Enforcement Officials

16 The United Nations (UN)
The UN World Crime Surveys Office for Drug Control and Crime Prevention (ODCCP) International congress on crime (held every five years) 2000 UN Protocol to Prevent, Suppress and Punish trafficking in Persons, Especially Women and Children

17 International Criminal Police Organization (INTERPOL)
INTERPOL is an international law enforcement support organization. Began operations in 1946 Has 182 member nations Headquartered in Lyons, France The U.S. INTERPOL office is called the U.S. National Central Bureau and is part of the U.S. Dept. of Justice

18 International Criminal Police Organization (INTERPOL)
INTERPOL acts as a clearinghouse for information on suspects and offenses operating across national boundaries. INTERPOL Does NOT have field investigators Does NOT have arrest or search and seizure powers Facilitates, coordinates, and encourages police cooperation as a means of combating international crime

19 International Criminal Police Organization (INTERPOL)
Recent and current activities include: Adopting the Budapest Anti-Terrorism Resolution Holding its first Global Conference on Preventing Bio-Terrorism (2005) Developing a centralized international forensic DNA database Creating an international framework for disaster victim identification

20 European Police Office (Europol)
Europol is the integrated police intelligence gathering and dissemination arm of the member nations of the European Union (EU). Its mission is to improve the effectiveness and cooperation of law enforcement agencies within EU member states. The ultimate goal is preventing and combating terrorism, drug trafficking, trafficking of radioactive and nuclear substances, money laundering, trafficking in human beings, and other serious forms of international organized crime.

21 International Criminal Court (ICC)
The ICC, established in 2000, was created to deal with crimes of international concern (genocide, war crimes, crimes against humanity).

22 Globalization Transnational crime partly stems from globalization—the internationalization of trade, services, investment, information, and other forms of human social activity.

23 Globalization and Crime
Globalization of crime and terrorism requires enhanced international coordination of law enforcement efforts. U.S. efforts to thwart globalization of crime and terrorism include: Expansion of American law enforcement activities abroad Passage of the Trafficking Victims Protection Reauthorization Act (TVPA, 2003) Extradition Forcible removal of criminal suspects from foreign jurisdictions refusing extradition

24 Transnational Crimes Transnational crimes are unlawful activities undertaken and supported by organized criminal groups operating across national boundaries. Transnational organized crime activities include: Drug trafficking Money laundering Terrorism Alien smuggling Weapons trafficking Human trafficking Fraud and corruption

25 Transnational Crimes According to the UN, an offense can be considered transnational if any of the following are met: It is committed in more than one country. It is committed in one country but a substantial part of its preparation, planning, direction, or control takes place in another country. It is committed in one country but involves an organized criminal group that engages in criminal activities in more than one country. It is committed in one country but has substantial effects in another country.

26 Extradition Extradition—the surrendering by one jurisdiction to another of an accused or convicted individual—is one of the tools in the fight against transnational crime. However, not all countries are willing to extradite suspects wanted in the United States.

27 Terrorism There is no single, universally accepted definition of terrorism that is applicable to all places and all circumstances. The FBI describes terrorism as: “a violent act, or act dangerous to human life, in violation of the criminal laws of the United States or of any state to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.”

28 Features of Terrorism According to criminologist Gwynn Nettler, all forms of terrorism share six characteristics: No rules—no moral limitations upon terrorist violence No innocents—no distinctions between soldiers and civilians Economy—kill 1, frighten 10,000 Publicity—which encourages terrorism Meaning—makes terrorists significant No clarity—terrorists goals unclear

29 Two Major Forms of Terrorism
Domestic Terrorism …the unlawful use of force or violence by a group or an individual who is based and operates entirely within the United States and its territories without foreign direction and whose acts are directed at elements of the U.S. Government or population. International Terrorism …the unlawful use of force or violence by a group or an individual who has some connection to a foreign power or whose activities transcend national boundaries, committed against people or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.

30 Domestic Terrorism Examples of domestic terrorists:
Theodore Kaczynski—“The Unabomber” Timothy McVeigh—The Oklahoma City Bombing Eric Robert Rudolph—The Olympic Bombing in Atlanta’s Centennial Park Today’s domestic terrorist threats include survivalist and separatist groups.

31 International Terrorism
Examples of international terrorism: The 1988 bombing of Pan Am Flight 103 The 1993 bombing of the World Trade Center The September 11th Attacks on the World Trade Center and the Pentagon using commandeered aircraft Some believe that the wars in Afghanistan and Iraq and international efforts against al-Queda may have greatly weakened the organization; others disagree.

32 Cyberterrorism A new kind of terrorism:
Cyberterrorism makes use of high technology, especially computers and the Internet, in the planning and carrying out of terrorist attacks. Targets include economic, business, and military infrastructure.

33 Narcoterrorism The link between drug traffickers and terrorists is called narcoterrorism. Narcoterrorism refers to a political alliance formed between terrorist organizations and drug-supplying cartels. The cartels provide financing for the terrorists, who in turn provide quasi-military protection to the drug dealers.

34 Causes of Terrorism International terrorist organizations build on a process from which underlying conditions such as poverty, political corruption, religious conflict, and ethnic strife provide terrorists with the opportunity to legitimize their cause, justify their actions, and demand political change. FIGURE 17–1 The building process for international terrorist organizations.

35 The Anti-Terrorism and Effective Death Penalty Act (1996):
Bans fundraising in U.S. for international terrorist groups Provides funds for terrorism-fighting measures Allows deportation of foreign terrorism suspects Permits the use of the death penalty for certain terrorist acts Makes it a federal crime to plan overseas terrorist attacks from within the U.S. Requires taggants to be added to plastic explosives to facilitate identification

36 Controlling Terrorism
The USA Patriot Act of 2001 Title VIII, titled “Strengthening the Criminal Laws Against Terrorism,” created a number of new terrorism offenses under federal law.

37 Antiterrorism Committees and Reports
In the past 7- 8 years, a number of released reports and studies released have focused on threats, intelligence gathering, weaknesses, and preparedness for the possibility of future attacks. In 2005, members of the 9/11 Commission publicly criticized the lack of progress made by federal officials charged with implementing safeguards to prevent future terrorist attacks.

38 Department of Homeland Security (DHS)
Homeland Security Act of 2002 Created the federal Department of Homeland Security, charged with protecting Americans and critical infrastructure from terrorist attacks.

39 Department of Homeland Security (DHS)
The DHS coordinates the activities of 22 disparate domestic agencies by placing administration of those agencies under five “directorates,” or departmental divisions. Five divisions: Border and Transportation Security Emergency Preparedness and Response Science and Technology Information Analysis and Infrastructure Protection Management

40 Department of Homeland Security (DHS)
Several other agencies have been folded into the DHS or created under it, including: Coast Guard Secret Service Bureau of Citizenship and Immigration Services Bureau of Customs and Border Protection Bureau of Immigration and Customs Enforcement Office of State and Local Government Coordination Office of Private Sector Liaison Office of the Inspector General

41 The National Strategy for Combating Terrorism (2003)
The National Strategy aims to: Identify, locate, and destroy terrorist organizations. Deny sponsorship, support, and sanctuary to terrorist by helping other nations fulfill their anti-terrorist responsibilities. Diminish the underlying conditions that terrorists seek to exploit. Defend U.S. citizens and interests at home and abroad through strong security measures.

42 The National Strategy for Combating Terrorism
FIGURE 17–2 Reducing the scope and capability of terrorist organizations.

43 The Intelligence Reform and Terrorism Prevention Act of 2004
This Act facilitated the creation of the National Counterterrorism Center (NCTC) under the newly created position of national intelligence director (NID). On matters of national-security intelligence, the NID acts as the principal adviser to: the president the National Security Counsel the Homeland Security Counsel The NCTC is the primary U.S. organization of integrating and analyzing terrorism intelligence and counterterrorism planning.

44 Foreign Terrorist Organizations (FTOs)
The U.S. Department of the State may designate any foreign group that threatens the security of U.S. nationals or the national security of the U.S. as a foreign terrorist organization (FTO). After being designated as an FTO, a number of legal consequences follow, including denying visas to members and blocking funds or other material support. As of mid-2009, 44 designated FTOs.

45 State-Sponsored Terrorism
The State Department also has the authority to designate selected foreign governments as state sponsors of international terrorism. As of mid-2007, Cuba, Iran, North Korea, Sudan, and Syria were designated as state sponsors of international terrorism. Iran remains the most active state sponsor.

46 The Future of International Terrorism
International terrorist groups will: Remain active throughout the world Target more than just the U.S. Become increasingly sophisticated Seek to achieve mass casualties Look to weak countries as new breeding grounds

47 The Future of International Terrorism
Many observers conclude that the American justice system is still not fully prepared to deal with the threat represented by domestic and international terrorism.


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