The benefits of comparing criminal justice systems internationally is to gain insight as to the differences and similarities of our system, giving us an idea of what works where and why. More specifically, learning from others experiences and methods of incapacitation, rehabilitation, restitution, and learned obedience to the law. Every country has different cultures and norms, comparisons of different legal practices through history helps in understanding human behaviors and how they have evolved. Secondly, the author’s perception is one that we do not plunge into a narrow, national focus of ethnocentrism believing that the United States has nothing to contribute or learn. Lastly, transnational crimes brought to our doorsteps from foreigners
Why not focus on just one nation instead of studying the problem of wrongful convictions across different nations? Research has been justified by comparative studies, satisfying the curiosity of the other nation’s justice system. The benefits of obtaining research from other nation’s studies is the most important. Often, we learn more about our own justice system by looking at it in the perspective of another nation 's system. The compare and contrast that we look at will decide whether our system should be improved so that what is served is justified. The improvement of justice through the reduction errors has made us undergo research. Therefore, the ones who take part to the cross national analysis and learning from each other about the ways the other nation’s systems work to avoid wrongful convictions.
There is an extreme difference between the criminal justice systems used in Norway with that of the one used in Texas. In Texas, we see a tough justice system that seeks to punish the guilty. On the other hand, Norway attempts to teach its prisoners to be good citizens by treating them with respect, like normal people. On this essay I plan to compare and contrast both criminal justice systems and discover which one is the best approach.
The hype around globalization and the negative impact of the social media have obscured discussion on the most immediate and pressing issues that need immediate attention in the U.S justice system. The number of incarceration in the United States beginning 1970 has swollen to all time higher (Walker et al., 2012). According to Binswanger et al. (2012), American judicial system has imprisoned 2.3 million of its populace, and these are more than any other country in the world. Davis (2007) mentioned ironically that the U.S jails a quarter of the world prisoners albeit it contains merely 5% of the global population. These statistics are mind boggling for a country that has opted to teach the world fairness, justice and equality.
The criminal justice system consists of models and theories that often contradict one another. Of these models are the crime control model, the due process, model, the consensus model and the conflict model. In this paper these models are evaluated and defined, as well as each entity in the criminal justice systems role within each model. Policing, corrections and the court system all subscribe to each model in some way and in a hurried manner in cases that dictate such a response. As described by Erik Luna in the Models of Criminal Procedure, the following statement summarizes the aforementioned most appropriately.
The penal system in the United States is often portrayed as being tough on crime, but to many other western nations the penal system in the United States is viewed as a broken system (Mallory, 2006). While this is a tough critique, the American incarceration rate is the highest in the world at over 714 per 100,000 U.S. citizens (Walmsley, 2008). This rate is much higher than many of other western European countries, whose average incarceration rate is only 95 per 100,000 citizens (Stern, 2002; Walmsley, 2008). America’s higher rate of incarceration might be more acceptable if it resulted in a safer society. Consequently, one could reasonably conclude that the United States’ political agenda for increasing punishment to decrease crime yields an ineffective result. Therefore, in the
To summarize and explain South Africa’s justice system has similarities to The United States criminal justice system. South Africa, with 9 provinces, has the home of there administrative capital, Pretoria. The United States holds administration in Washington, D.C. South Africa’s latest transition and draft of the constitution was made in 1996. The constitution was then approved in 1997, and the last amendments were revised in 2013, effective for use. South Africa has developed from their historical basis into a republic system, whereas the U.S. has an active democratic position, but like South Africa, are a foundation of a constitutional federal republic. Within the judicial sector, South Africa holds four different courts; Constitutional Court,
The video Problems with the Criminal Justice System published by Freedom Works University (np.) addresses some pretty good arguments. It’s philosophy advocates for elimination of discrimination. In the video the narrator points out the main issues in our justice system today. Our justice system has failed to follow the legislative and judicial system through law put in place such as, the unreasonable search and seizures, cruel and unusual punishment in the 4th and 8th adimenment (FWU). As well, the right to do process has been ignored which is clearly stated in the 5th addiminament. This has lead to defect in the justice system that is unable to distinguish between violent and nonviolent criminals. Noted in the video Problems with the Criminal
As a preface to this assignment I would like to say that it is virtually impossible to inset all the solutions to a nations criminal justice problems in a one page (per county) summary. With the diverse nature of all 4 countries, to be able to “fly” into a foreign land at the request of the leader, and be given “Carte Blanc” to handle their criminal justice problem is about as impossible as implementing all that is needed to fix their criminal justice system issues within the perimeters of this paper. I would actually like to be alive in 2025 and to see this happen (other countries allowing us to handle their criminal justice systems) it might be akin to the forefathers of this country (Washington, Jefferson, Hamilton etc)
These fluctuations in criminal justice policies are not just in local governing bodies; these changes are an effort to adapt to a new technologically based modern age, and that goal of adaptation radiates to all ends of the earth, thereby having a global reach. As all societies, and populations of people alter and change, and belief systems ebb and flow, the rules and laws that govern such people must change with them. It is imperative that a governing system stay current, for without an ever-changing system of behavioral structure then those societies race faster toward
With so many different cultural and historical perspectives, it can change the way the criminal justice system works. Two types of criminal justice systems in which bring a lot of historical and cultural perspective include Iraq and Italy. Both countries also have legal tradition in which help in the way the criminal justice system works. In addition, both politics and legal issues can also cause the criminal justice system to change. However, the answer to the question relies on how this all does play in to the criminal justice systems for both Iraq and Italy.
The criminal justice system is a set of agencies and processes established by governments to control crime and impose penalties on those who violate laws. Different jurisdictions have diverse laws, agencies, and ways of managing criminal justice processes. In recent years, it has been debated that the criminal justice system has two primary and possibility conflicting perspectives known as the retributive justice approach and the restorative justice approach. Retributive justice and restorative justice have contrasting approaches when imposing punishment, that will be explored within this research paper, in regards to the disadvantages and potential advantages resulting from the implementation of it’s polices within the criminal justice system. These two perspectives have been implemented amongst many different criminal justice systems internationally, however the questions still remain, what is justice? And how should justice be served? This debate has created a divide between countries, due to the differing interpretations of justice and it’s response to criminal activity. The statistical information has been extracted from various online sources listed within the references as well as primary and secondary sources, “Prisons” by Haley, James and “Alternatives to Prisons” by Jennifer Skancke.
Fines, fees, and bail regulate the citizens within our society. However, all three of these economic penalties have pros and cons that have an impact on every person in our society. This article, called Fine, Fees, and Bail enlightens the reader of fundamental information everyone should be familiar with when it involves these sanctions. Numerous individuals in the general public think these penalties are cruel, easy ways for the government to expand their revenue for the criminal justice system, however this isn’t always true. Misdemeanors resulting in fines, fees, or bail occasionally place financial liability on the offender on which they cannot pay, and this causes the unfortunate person to serve jail time just because they lacked the ability
Through such mediums as the media, political debates and official statements the public is made aware and so is able to form opinions and ideas about the way the criminal justice system, and the agencies involved, function and its effectiveness. When looking at other countries clear differences can be seen in the structures and practices in place; such things as the ‘contents’ of the law, the various sentences enforced by the courts, and countries citizens perspectives of crime and punishment.
Over the past 16 plus years, I have been involved in the judicial process; albeit while serving in the United States Air Force. As a member of the Military Police, I have personally witnessed the process at work and can honestly say that all parts work…to a certain extent. The sad part of the judicial process in the U.S. is that not all parts work as a cohesive unit. According to “many practitioners in the field, large numbers of police calls for service, overcrowded court dockets, and increasing prison population, is where the problems lay” (Peak, 2012, p. 9). It is my belief that due to the fact there is a human element involved, the criminal justice system, as a whole, can never be a perfect system. So how did we get to this point? Based on my knowledge of the criminal justice system and my Faith, it is my belief the root of our criminal justice system was founded on principles of Christian
It is through the Criminal Justice System’s close collaborations with like-minded agencies such as the Police, Prison and Courts Services, that the public’s concerns and worries are resolved, in order to bring about justice in our communities (Cavadino and Dignan, 2007 as cited in Fox, 2014). With that in mind and out of the way, this essay will aim to explore some of the strengths and weaknesses, which are prominent within the Criminal Justice System. To do this successfully, the Police and the Courts Service will be the key agencies that will be explored in relation to the key Models that shape the whole Criminal Justice System. These Models were founded by Herbert L. Packer (1968) and Michael King (1981).