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Sam Houston State University

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1 Sam Houston State University
Comparative Criminal Justice Systems / 6th edition An International Perspective CRIJ3361 Sam Houston State University

2 CHAPTER OBJECTIVES Summarize the provincial and universal benefits of an international perspective 1.1 Distinguish between, and give examples of, bilateral and multinational cooperation 1.2 Describe and compare the historical, political, and descriptive approaches to an international perspective 1.3 Distinguish, with examples, the functions/procedures and the institutions/actors strategies 1.4 Summarize and distinguish the synthetic and authentic classification strategies 1.5

3 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 1.1 Summarize the provincial and universal benefits of an international perspective

4 Benefits of an International Perspective
1.1 Benefits of an International Perspective Provincial benefits Universal benefits Provides a point of contrast Use cross-national cooperation to combat transnational crime Lecture Notes: Provincial benefits of comparative study: Provides a point of contrast that allows new insight and understanding May provide ideas for improvement of one’s own system Universal benefits of comparative study: As crime becomes more transnational in type and place, efforts to combat it require cross-national cooperation Two types of cross-national cooperation: Neighbor or bilateral Multinational Provides ideas for system improvement Cross-national cooperation can be either bilateral or multinational

5 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 1.2 Distinguish between, and give examples of, bilateral and multinational cooperation

6 Bilateral Cooperation
1.2 Bilateral Cooperation Two countries, often neighbors, cooperate to fight cross-border crime Law enforcement cooperation between the U.S. and Canada includes a variety of agreements and has been described as broad, deep, and highly productive Cooperative efforts between the U.S. and Mexico are becoming more equitable and effective Lecture Notes: U.S. and Canada have long-standing agreements on law enforcement cooperation, including treaties on extradition and mutual legal assistance as well as an asset-sharing agreement. Examples include: The annual U.S./Canada Cross-Border Crime Forum to coordinate policy matters and operation procedures. Several Memoranda of Understanding (MOU) such as the one designating the U.S. Drug Enforcement Administration and the Royal Canadian Mounted Police as the points of contact for drug-related matters relevant to both countries. Especially important are the Border Enforcement Security Teams (BEST) and the Integrated Border Enforcement Teams (IBETs), which have become primary tools in ensuring that criminals cannot use the international border to evade justice. The collegiality reflected in the U.S.–Canada arrangements has not been so easily duplicated in U.S.–Mexico arrangements. Problem not so much in getting each country to agree on what should be accomplished, but rather how the agreements are actually implemented. Specific concern is a situation wherein the U.S. has the upper hand in a bilateral arrangement between presumably equal parties. When one country takes a dominant position in its dealings with another country, the subordinate country has understandable concerns about protecting its sovereignty. Current examples of more equitable and effective collaboration is based on the Merida Initiative that the U.S. Congress authorized in That multi-year program is designed to provide equipment, technical assistance, and training for law enforcement operations in Mexico.

7 Multinational Cooperation
1.2 Multinational Cooperation Many nations join in an effective cooperative effort against transnational crime and criminals The 27 countries of the European Union have agreements in the areas of police and judicial cooperation that provide good examples of multinational cooperation A goal is to create a European judicial space that allows Europeans to combat crime and seek justice across borders and throughout the continent

8 Europol Headquarters in The Hague Eurojust Headquarters in The Hague
1.2 Examples of European Union Cooperation Lecture Notes: Europol, located in The Hague, The Netherlands, operates to facilitate the sharing of information about crime and criminals among EU countries. Eurojust, also in The Hague, operates to enhance cooperation of prosecuting authorities in EU countries. Europol Headquarters in The Hague Eurojust Headquarters in The Hague Photos courtesy of Philip Reichel

9 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 1.3 Describe and compare the historical, political, and descriptive approaches to an international perspective

10 Approaches to an International Perspective
1.3 Approaches to an International Perspective Historical Political Descriptive This approach provides information about past successes and failures and prepares us for change in the future. This approach helps one understand how politics affect a nation’s justice system and interaction among nations. This approach identifies the main components and actors of a criminal justice system and describes how they are supposed to operate. Lecture Notes: The descriptive approach is emphasized in the text book. The particular focus is on specific components of the criminal justice system with description of how different countries implement those segments. The result is detail on the primary components of all justice systems with a wide variety of countries used as examples.

11 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 1.4 Distinguish, with examples, the functions/procedures and the institutions/actors strategies

12 Strategies under the Descriptive Approach
1.4 Strategies under the Descriptive Approach Functions / Procedures Institutions / Actors With this strategy, the emphasis is on understanding the job to be done rather than highlighting the position of the person doing the job. An example is the procedure used for pretrial detention in various countries. With this strategy the focus is on the operation of criminal justice agencies and their employees as a way to identify similarities and differences across countries. An example is comparing the way countries organize their police force and the duties of their police officers. Teaching Tips The book uses pretrial detention procedures in the U.S., France, and China to exemplify a functions/procedures approach. Ask the students to describe their understanding of pretrial detention procedures in the U.S. then have them “guess” whether other countries are likely to have similar or different procedures. Specifically, ask how many hours/days a country’s police should be allowed to hold a suspect in detention without obtaining judicial concurrence. The book uses an institutions/actors approach to provide information about criminal law (Chapter 5), police (Chapter 6), courts (Chapter 7), and corrections (Chapter 8), so this chapter does not provide a specific example of the institutions/actors approach. You can, however, elicit examples from class by asking such questions as “What do you suppose are some similarities and differences among countries in how police departments are organized?”

13 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 1.5 Summarize and distinguish the synthetic and authentic classification strategies

14 Classification Strategies
1.5 Classification Strategies Synthetic Strategy Authentic Strategy When classification follows this strategy one gets artificial groups based on only a few aspects of the object. When classification follows this strategy one gets natural groups based on extensive study of the object. Lecture notes: Explain that classification allows us to name then group items into recognizable categories so we can order and summarize diversity. Synthetic classification strategies are particularly interested in bringing order to a confusing array of objects using only a few characteristics of the object (e.g., flowers are grouped by color). Because only a few object characteristics are used, the resulting categories are said to be artificial with a low likelihood of allowing one to predict very much about the objects or groups. Authentic classification strategies use a larger number of object characteristics that are linked to inherent attributes of the object. The result is natural groups that allows some predictivity. Both strategies are useful for their own purposes. Most of the classifications in the text book use the synthetic strategy. The result is a practical classification that bring order to diversity. The result allows for prediction regarding the group’s members


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