Class Name, Instructor Name Date, Semester Comparative Criminal Justice Systems / 6 th edition...

Class Name,Instructor Name

Date, Semester

Comparative Criminal Justice Systems / 6th edition

Chapter 7:

An International Perspective on

Courts

© 2013 by Pearson Higher Education, IncUpper Saddle River, New Jersey 07458 • All Rights Reserved


7.1

7.2

7.3

7.4

7.5

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



Distinguish between legal professions that are unified and those that are specialized

Learning ObjectivesAfter this lecture, you should be able to complete the following Learning Outcomes

7.1



Types of Legal Professions7.1

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.



Compare and give examples of the various ways prosecution of criminal cases can be accomplished


7.2


Variation in Prosecution7.2

Prosecution of criminal cases is accomplished with either private or public prosecutors


Types of Public Prosecution7.2

Office of Public

Prosecution

Office of Public

Prosecution

ProcuratorProcuratorOther public official

Other public official

The government, rather than the victim, initiates actionThe 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



Compare and give examples of the various ways a defense against criminal prosecution can be provided


7.3


Variation in Defense7.3Procedures for defending people being prosecuted may rely on laypeople but more often makes use of legal professionals



Explain and give examples of the different ways in which professional judges and laypeople can be involved in the adjudication process


7.4


The Adjudication Process7.4

Refers to the procedures used for deciding factual disputesRefers 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

The “adjudicators” are those responsible for making that determination

Typical adjudicators are judges, lay judges, or jurorsTypical adjudicators are judges, lay judges, or jurors


Types of Adjudicators7.4

Professional Judges

Professional Judges Lay JudgesLay JudgesJurorsJurors

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


Examples of Adjudication Types7.4

SaudiArabia Saudi

Arabia EnglandEngland GermanyGermany

• 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



Describe and compare how criminal courts are organized in China, England, France, Nigeria, and Saudi Arabia


7.5


Examples of Court Organization7.5

FranceFrance England & Wales

England & Wales NigeriaNigeria

• 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


Examples of Court Organization (cont.)7.5

ChinaChina Saudi ArabiaSaudi 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

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