Comparative
Criminal Justice
Systems
An International Perspective on Courts
Reichel
World Court Organizations
Similar in structure – Unique in design
In other words,
there is a universal use of a basic hierarchical structure
among world court organizations.
This structure is composed of lower-level, intermediate-level,
and highest level courts.
However, there are many unique variations of this basic theme.
France
Supreme Court of Appeal
Criminal Courts
Assize Court
Court of Appeal
Civil Courts
Courts of Major Jurisdiction
Correctional Court
Courts of Minor Jurisdiction
Police Court
France: Criminal Courts
“Trial Level”

Police court: a basic tribunal for minor offenses subject to a
fine (or trial).

Correctional court: has jurisdiction of lesser criminal offenses
subject to penalties up to 10 years imprisonment. The trial is
before one or three professional judges.

Assize court: has original jurisdiction in serious felony cases
subject to penalties from fines to life imprisonment. The trial
is before nine lay jurors and three professional judges.
Conviction requires 8 of the 12 members. Standard of proof:
“are you thoroughly convinced.”
France: Appeal Courts

Court of Appeal: hears limited appeals from police
courts. Appeals based on decisions of guilt, innocence,
dismissal, or sentence from correctional courts.
Accused or prosecuting attorney can appeal. Three
judge panel.

Supreme Court of Appeal: court of last resort – five civil
chambers, one criminal chamber. The court lacks
original jurisdiction and is headed by a president and at
least 7 judges (from a total of 15 – full court). The court
rules on a point of law applied by a lower court.
Key Issues: France

French defendants do not enter pleas.

All cases, in principle, go to trial.

Any prior convictions of the accused are admissible as relevant evidence.

Fact-finding is dominated by professional judges.

There are no separate guilt-finding and sentencing phases.

In determining guilt and sentence, the French consider past behavior,
character, and the current charge.

The accused, who is not put under oath, is not required to answer questions.
England
House of Lords
Court of Appeal
(Criminal Division)
Crown Court
Magistrates’ Court
England: Criminal Courts
“Trial Level”

Magistrate’s Court: lowest level of the criminal court
hierarchy, however, virtually all cases begin here and at
least 95 percent are resolved at this level. Unpaid lay
magistrates (2 or 3 judge panels) or stipendiary
magistrates hear cases – there are no juries at this level.
Magistrate’s clerks advise on points of law and
procedure.

Crown Court: has both appellate and original
jurisdiction and hears cases involving serious offenses
(i.e., murder, robbery, rape). Trial by jury is allowed at
this level. A circuit judge presides. Juries determine
guilt based on a majority verdict.
England: Appeal Courts

Court of Appeal: hears appeals on conviction and
sentence by defendants. The prosecution cannot
appeal a verdict of acquittal. The court is presided
over by the Lord Chief Justice and hears appeals
based on the transcripts of the evidence taken at the
trial.

House of Lords: final court of appeal on points of
law in criminal cases.
Nigeria: Modern Court System
Supreme Court
Federal High Court
Of Appeal
Federal High Court
State High Courts
Magistrates’ Courts
Nigeria: Traditional Court System
Shari”a Court
Of Appeal
Customary Court
Of Appeal
Shari’a
Court
Customary
Court
Nigeria: Federal Courts

Federal High Court: primarily civil jurisdiction, i.e.,
immigration and taxation.

Federal High Court of Appeals: hears appeals from the federal
high court, the state high courts, Shari’a courts of appeal, and
the customary courts of appeal. Consists of a president and a
number of justices prescribed by legislation (at least three
must be knowledgeable in Islamic law and three in customary
law).

Supreme Court of Nigeria: Consists of a chief justice and
fifteen associate justices (prescribed by federal legislation)
who are appointed by the president (recommended by the
National Judicial Council). Appellate jurisdiction over lower
federal courts and highest state courts.
Nigeria: State Courts

Each state has its own judicial system. Thirty-six
states and Federal Territory of Abuja.

Magistrate courts (or District Courts): first instance
in civil and criminal (felony) matters.

High Courts: original and appellate jurisdiction.
Nigeria: Traditional Courts

Customary courts: customary law (traditional law) decide cases by reference to established customs,
beliefs, and values. Lay judges. Popular in southern
states. Appeals go to state-level court of appeals.
Cases dealing with personal injury and minor crimes.

Shari’a courts: implement Islamic law in states that have
declared Islamic law (northern states). Appeals go to
state-level Shari’a court of appeals. Cases dealing with
personal injury and minor crimes, i.e., adultery, therft.
Nigeria Courts: Major Issues

Legal system based on English common law, Islamic law, and
customary law.

Independence from Britain in 1960. Current civilian
government and constitution adopted in 1999.

Religious Population: Approximately 50% Muslim, 40%
Christian, and 10% indigenous religion or no religion.

Nigerians have negative reactions to secular courts and their
cumbersome procedures, thus the emphasis on customary law
and Islamic law to resolve conflict.
China
Supreme People’s Court
Higher People’s Courts
Intermediate People’s Courts
Basic People’s Courts
Mediation Committees
China: Courts*

Basic People’s Courts: have original trial jurisdiction over ordinary
criminal and civil cases (urban district level; rural county level). A
panel of three judges or a combination of a total of three judges and
people’s assessors (lay persons) adjudicate case.

Intermediate Courts: municipal level cases.

Higher People’s Courts: province level cases.

Supreme People’s Court: handles cases impacting the entire country.
Interprets statutes and provides explanations and advisory opinion to
lower courts based on principles advocated by the National People’s
Congress or the Communist Party. Panels of 3-7 judges and
assessors (same as in Higher People’s Courts).
*
The courts are agencies of the central government and do not have judicial
independence. Court officials are appointed by the people’s congress.
China:
People’s Mediation Committees

Informal justice

Composed of 10 to 20 people (approximately one million
committees).

Peer pressure establishes informal sanctioning process.

Government officials use mass media to spread
information on legal norms and the PMC’s enforce those
norms.

PMC’s resolve issues of misbehavior, deviance, health
care and family planning.
Saudi Arabia
Higher Council of
The Judiciary
Court of Cassation
General Courts
Courts of Summary
Jurisdiction
Saudi Arabia: Shari’a Courts

Courts of Summary Jurisdiction: courts of
summary jurisdiction where criminal matters
originate. Handles misdemeanors, offenses
punishable by flogging, and serious offenses
punishable by fines.

General Courts: have general jurisdiction and hear
all disputes and offenses not heard by the lower
summary courts. One judge hears cases unless
case involves death or amputation (3 judge panel).
Saudi Arabia: Appeal Courts

Court of Cassation: hears appeals of lower court
decisions that are filed by either the convicted
person or by the public prosecutor. Automatically
reviews lower court judgments involving offenses
punishable by death, amputation, flogging
(exceeding 40 lashes), or 10 days imprisonment.

Higher Council of the Judiciary: has both
administrative and judicial powers (appeals of major
offenses).