Chapter 16
Multinational Criminal
Justice
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Japan
Japanese Law
2000 - Three crime bills gave law
enforcement officials limited
power to wiretap phones,
stiffened penalties for organized
crime and increased protections
for witnesses.
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Japan
• 1999 statistics show that the
number of crimes in Japan
have reached new heights.
• The most increases were shown
in muggings (up 15%),
nighttime store robberies (up
24%), and other property
crimes (up 10%-25%).
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Japan
Japanese Legal System
• There are no public
defenders.
• Suspects typically go
through a series of
hearings until lawyer is appointed
near start of trial.
• It is possible that no lawyer may take the
case, and the defendant will have to
proceed to trial without representation.
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Japan
Japanese Law
• Individuals 16 and under, cannot be
sentenced as criminals. Instead, they
must be placed on probation or sent
to a reform school.
• Juvenile offenders are likely to go free
after 1-2 years, even for the most
serious crimes.
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China
Maoist Justice
Under Mao Zedong, justice was
based on informal social control –
accused offenders
were turned over to
the populace for
hearing and
punishment.
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China
1966 - Cultural Revolution
began, lasting until 1973.
• It was intended to integrate
Maoist teachings and
principles into Chinese society.
• Mao called upon his “Red Guard”
(fanatical followers) to smash
the police and courts.
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China
1966 - Cultural Revolution
began, lasting until 1973.
“Depend on the rule of
man, not the rule of law.”
- Mao saying
• Because of Mao’s thinking, China had no
criminal law or procedural legal codes,
no lawyers, and no officially designated
prosecutors until after 1978.
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China
Maoist Justice
class justice - concept taught
by Cultural Revolution that the
severity of punishment an
offender received depended
upon his or her social and
political identity
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China
After Mao’s death:
Cultural Revolution
was denounced by
Central Committee of the Chinese
Community Party as “responsible
for the most severe setback and
heaviest losses suffered by the
party, the state, and the people
since the founding of the People’s
Republic.”
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China
Chinese Justice after Mao
Modern Chinese Justice System
• 1978 - Formalized legal system based
on codified law developed.
• 1982 - Revised Constitution adopted
containing fundamental rights and
duties of citizens – guarantees
equality before the law for
everyone.
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China
Structured along jurisdictional
lines similar to the U.S.
Four national offices:
• Ministry of Public Security
• Supreme People’s Court
• People Procuratorate
(Prosecutor’s Office)
• Ministry of Justice
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China
Supreme People’s Court
• Ministry of Public Security
• Police agencies come under this ministry.
The Supreme People’s Court deals with cases
that may have an impact on the entire country.
Most cases come to this court on appeal.
The Court is divided into 3 sections.
• criminal court
• civil affairs
• economic court
Chinese Executioner
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China
People’s Procuratorate
Article 5 of the Chinese Constitution
makes this division directly
responsible for the supervision of:
•
•
•
•
•
investigation of crimes
activities of the courts
activities of the police
activities of correctional institutions
the initiation of prosecution
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China
Supreme People’ s Court
Higher People’s Court
• highest court in China
• Intermediate People’s
Court
• has original jurisdiction in
criminal cases with
potential for death or
life imprisonment
sentences
• can hear cases on appeal
from lower court
• court of appeal
• can hear criminal cases
against foreigners
Basic People’s Court
• lowest level of court operates at county
level
• has original jurisdiction in
most cases
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China
Defendants
May choose to be represented in court by:
• an attorney
• a relative
• a friend
• themselves
There is a high likelihood of conviction once
arrested – acquittal rate is only 1% in China v.
31% in United States.
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China
opposed to U.S. defense strategy
of vigorous defense of their client
because they believe such
approach can lead to criminals
escaping responsibility
Two basic functions:
1. protect rights of their client
2. search for a just verdict
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China
• 78% of workload is devoted to
representing accused criminals.
• 11% of workload is devoted to civil
suits.
• 11% of workload is devoted to family
practice.
a.wills
b.divorces
c.adoptions
d.inheritance
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China
Legal Profession
Generally, they are not well trained.
Article 8 of the Chinese Constitution
requires persons who wish to engage in
the practice of law to:
“have the cultural level of graduates of
institutions of higher education and be
suitable to be lawyers.”
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China
Mediation Committees
• Chinese civilian dispute resolution groups
are found throughout the country.
• Sometimes, the committees divert minor
offenders from handling by more formal
mechanisms of justice.
The committees are believed to be one
reason for low official crime rate in China.
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China
Committees:
• They usually consist of 5-7 people.
• Judicial assistants are assigned to
committees by the Bureau of Justice.
• Power comes from force of public
opinion.
• Education and persuasion are the
primary tools.
• Over 800,000 mediation committees
handle over 8,000,000 cases per
year.
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China
Punishment
Amnesty
International reports:
• 38% of those
convicted receive 5 • China executes more
or more years in
people each year
prison.
than the rest of the
• There is widespread
world combined.
use of the death
• Outside estimates
penalty.
indicate that 16-20
• The method used is
million are in 990
usually a single
labor reform prisons.
bullet to back of
head in a public
setting.
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China
Punishment
Chinese prisons:
• are typically primitive
• range in size from 30 - 60 square yards
- designed to hold 30-50 inmates
• have beds that are hard woven mats
on floor of cell
• unheated with one latrine and a single
light bulb
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China
Punishment
• Parole is allowed after 1/2 of the time
imposed.
• Violation of parole may result in extended
incarceration, solitary confinement, or
“group criticism.”
• Political prisoners are subjected to “laogai”
(thought reform through labor).
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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.
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Islamic Criminal Justice
Islamic law - System that operates in
some Arab countries based on Muslim
religion and the Koran.
Four Major Aspects of
Justice
• sacred trust
• mutual respect
• social bond
• command from God
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Islamic Criminal Justice
Sacred Trust:
• A duty imposed on humans to be
discharged sincerely and honestly.
• This is the quality of being
morally responsible and
merciful in giving
everyone his or her due.
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Islamic Criminal Justice
Mutual Respect:
The respect of one human being by
another.
A just society is one that offers equal
respect for individuals through social
arrangements made in the common
interests of all members.
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Islamic Criminal Justice
Social Bond:
An aspect of the social bond, which
holds together and transforms it into a
brotherhood.
This bond causes everyone to become the
keeper of everyone else, and each is held
accountable for the welfare of all.
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Islamic Criminal Justice
Command from God:
Whosoever violates God’s
commands should be subject to
strict punishments according to
Islamic tradition and belief.
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Islamic Criminal Justice
Hudud crimes - serious violation of
Islamic law
They are regarded as offenses against
God.
• theft - Punishment is amputation
of hand.
• adultery - Punishment is stoning
to death.
• false accusation of adultery Punishment is 80 lashes.
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Islamic Criminal Justice
Hudud crimes - serious violation of
Islamic law
They are regarded as offenses against
God.
• alcohol consumption - Punishment is 80
lashes - death if 3rd offense.
• robbery - Punishment is the
cutting off of the hands and
feet/alternate sides.
• pimping, lesbianism, kissing by
unmarried couple - Punishment
is a whipping.
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Islamic Criminal Justice
“Corruption on earth” is a general category
of religious offenses.
Examples:
• embezzlement
• revolution against lawful authority
• fraud
• “weakening the society of God”
Punishment is death by sword or burning.
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Islamic Criminal Justice
Tazir crimes are minor violations of Islamic law.
They are regarded as offenses against society,
not God.
These crimes require retribution
(“quesas”) or fines (“diya”).
Examples of crimes requiring “quesas”:
• murder
• manslaughter
• assault
• maiming
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Islamic Courts
Three Levels:
• upper
• lower
• specialty
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Islamic Courts
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.
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Islamic Courts
The specialty level hears cases
dealing with crimes against the
government, narcotics offenses,
state security, and corruption.
Appeals are possible under rare
circumstances, and women are
treated differently from men in the
system.
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England and Wales
Rates of Crime
• 2000 - 4470 of every 100,000
people in England and Wales
were violently victimized.
• Household and personal crime
has declined since 1995.
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England and Wales
Modern Criminal Law
1967 - Criminal Law Act
• substantially altered English
criminal procedure
• eliminated old distinction between
felonies and misdemeanors
• created categories of “arrestable”
and “non-arrestable” offenses
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England and Wales
• Arrest powers without a
warrant were expanded to
include all offenses for which
someone could be sentenced.
• Private citizens given power to
arrest.
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England and Wales
1994 - Criminal Justice and Public Order Act
• marked return to “get-tough” English anticrime policy
• selectively criminalized what had previously
been especially serious violations of civil
law
• made it easier to catch and convict criminals
• made it more difficult for repeat offenders to
obtain bail
• began process of restricting rights of
defendants
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England and Wales
Police in England
• approximately 128,000
sworn officers
• 55,000 civilian employees
• subject to civilian control
through local commissions
called “police authorities”
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England and Wales
Police in England
• London Metropolitan Police Dept.
- Headquarters of Scotland
Yard
• includes 32 boroughs and
portions of 4 counties
surrounding London
• 26,000 members
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England and Wales
British Courts
• magistrates’ courts
• Crown courts
• high courts
• court of appeals
• House of Lords
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British Courts
Magistrates’ Courts
• sits as a body (groups of 3 or
more) with no jury
• made up of members of local
community with little or no
formal training
• tries non-arrestable offenses
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British Courts
Magistrates’ Courts
• Certain courts are designated as
youth courts.
• Sentencing authority is a
maximum of six months.
• Magistrates’ courts reside
over preliminary hearing
in cases involving
arrestable offenses.
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British Courts
Magistrates’ Courts
• There are approximately 900
magistrates’ courts.
• Magistrates’
courts handle
approximately
98% of all
criminal cases.
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British Courts
Crown Courts
• established in 1971
• hear cases in which a
magistrate has issued
an indictment
• headed by justices
appointed by the Queen
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British Courts
Crown Courts
• Cases are heard by 12 member
juries.
• Majority of jury is required for
conviction.
• Crown courts hear cases on
appeal from magistrates’
courts.
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British Courts
High Courts
an appellate court
Three Divisions:
• Queen’s Branch
• deals with criminal matters
• Family
• deals with marriages, divorces,
adoptions
• Chancery
• deals with inheritances, trusts,
property, etc.
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British Courts
Court of Appeals
• This is an intermediate appellate
court.
• It contains one criminal and one
civil branch.
• 16 Lord justices of appeal are
headed by a judge called
master of the rolls.
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British Courts
House of Lords
• apex of appellate
• may hear appeals from Queen’s
Branch and criminal division
of court of appeals process
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Corrections in England
Corrections operates under:
• 1964 Prison Act
• 1988 Young Offender’s Institution
Statutory Instrument
• formal control of Home Secretary, who
makes appointments to
National Prison Board
which sets policy for
prisons
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Corrections In England
Types of Prisons:
• Short term houses offenders
serving less than 18 months.
• Medium term houses prisoners
sentenced to 1 1/2 to 4 yrs.
• Long term holds prisoners
sentenced to more than 4 yrs.
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Role of United Nations
• 185 member states
• based in New York City
• largest and most inclusive
international body in the world
• makes recommendations relative to
criminal justice in “Standard
Minimum Rules for the Treatment
of Prisoners,” which was adopted
in 1955
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Role of United Nations
• Rules call for the fair treatment of
prisoners, includes the basic
humanity of all inmates and
sets specific standards for
housing, nutrition, exercise,
and medical care.
• Though the rules are not laws,
they are based on tradition and
binding as a provision of the
UN charter.
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International Incarceration Rates of Selected Countries
Source: World Prison Population List, Roy Walmsley, (London: Home Office, 1999).
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