Comparative Criminal Justice Review – Flashcards
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the united states and indigenous courts
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indigenous courts are present in the US on Native American Reservation and in some remote areas
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whatever the reality of courts operations in a society, most agree that a court should have 2 basic characteristics to function properly
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judicial independence and judicial impartiality
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4 general characteristics of legit professionals in developed societies
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-adjudicators -advocates -legit advisors -legal scholars
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common method of judge selection
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appointment
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which legal professional is akin to paralegal in the US and are legally trained individuals who work outside the courtroom to advise and instruct individuals who have legal problems or needs, both criminal and civil?
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legal advisors
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Bureaucratically based systems are
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found in civil law systems (rational)
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which countries displays the clearest example of a politically oriented system
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England and China
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which general type of courts answers appeals from lower courts
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courts of first/intermediate appeal
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which general types of court are the major trial courts that have jurisdiction over any cases involving criminal law and sometimes civil law
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court of general jurisdiction
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what are the courts of general jurisdiction for serious crimes in England called
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crown court
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courts of last resort in france are called
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court of cassation
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3 types of courts that exist in Germanys judicial system
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-ordinary courts -specialized courts -constitutional courts
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the presumption of innocence, the exclusionary rule, protection against self -incrimination, the right to trial by jury and protection against being tried twice of the same offense are absent in what country
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chinese criminal justice
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what is the longest running and most permanent supranational court
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international court of justice
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which countries support the international criminal courts
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US, china and russia do not support all other do
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USA has experienced a boom in building prisons and implementing longer sentences for drugs crimes and crimes of violence. This illustrates the US tendency towards what as a purpose of punishment?
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incapacitation
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what are the purposes of criminals sanctions
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-retribution -rehabilitation -restoration -incapacitation -deterrence
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criminal sanctions practiced in over model countries
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-retribution: japan, china, saudi arabia, USA -rehabilitation: all -deterrence: saudi arabia, USA -incapacitation: england, france , germany, USA -restoration: all except saudi arabia
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model country that uses deterrence
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saudi arabia (&USA)
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noncustodial sanctions
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legal sanctions handed out to offenders that do not require time served in a correctional facility. (alternative to jail)
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the noncustodial sanction most closely resembling incarceration is
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house arrest
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forms of supervising offenders in the community
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probation
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"get tough on crime" strategies
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-mandatory sentencing laws -sentencing guidelines -transfer of juveniles -3 strikes law -truth in sentencing -life without parole
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the international trend relative to the death penalty
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abolition of the death penalty
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the world millennium study conducted by gallup
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reflects that the majority of people living in the world today (52%) support the death penalty
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what is flow design
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measuring the number of people in prison over a period of time
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according to the international reports such as amnesty international which country executes more people than all other countries combined
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china
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possible reasons for why the US appears to be moving towards abolition of the death penalty
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-pressure from international community -the inmates might actually be innocent -americans public attitudes have change
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limits of international prison data
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-countries fail to report -lie -definition problems -sentence length
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penal populism
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criminal justice policies that are designed to appeal to the public appetite for punitiveness with little concern for program effectiveness or clear understanding of community views.
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in england, secular houses of correction that housed prostitutes ,vagrants, debtors and other minor criminal in 1500
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bridewells
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the goals of sentencing that prison seem to achieve are
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retribution and incapacitation
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a noncustodial sanction available in france
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-fines -suspended sentences -community service -probation
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issues that home security Michael Howard addressed in england relative to the "prison works" slogan
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-the rise in the use of custodial sanctions by courts -increase in the length of sentences -increase in the time served by those in remand prisons
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what is the name of the agency in england that coordinates in 10 geographical regions in services of both the prison system and the probation service so inmates who are leaving prison are supervised and provided with the best release possible
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National Offender Management Service
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Which german legislation sets forth all of the principles and methods to be practiced in german correctional facilities
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prison act of 1976/code on the execution of prison sentences
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features that strongly support the heavy use of rehabilitative philosophy in germany
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-unique environmental conditions -extensive work and training opportunities -community integration programs
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example of a crime that one can be put into administrative detention for in china
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-disturbing the public order -breaking and entering -carrying a weapon -theft -traffic offenses -prostitution -gambling -disturbing porn -drugs
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the english term terrorism
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regime term terrorism
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what has ideological terrorism morphed into that we continue to deal with today
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religious terrorism
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one of the ways that the new style of terrorism is different than the pre 9/11 style of terrorism
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-new terrorist are more difficult to detect -New terrorist are more violent -new terrorist are more transnational -new terrorists are better financed -new terrorist better trained -new terrorist hierarchical structure is less likely to be infiltrated -new terrorists have more access to weapons of mass destruction -new terrorists are less likely to be defeated
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terrorism
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describe behavior by groups or individuals to support a cause or destabilize governments/occupying forces
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2 general types of terrorism
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domestic and international
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a terroristic act that id directed at a specific goal that is easy to articulate and understand such as overthrow political command within ones own country
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domestic terrorism
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patterns of global terrorism annual report
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transnational terrorism information by year, region, and about terrorist groups
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an individual has been held in a correctional facility for 3 years for disturbing the public order. He has never had trial. What country is he in?
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China
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what is the commonly used sanctions for crimes in Japan?
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Fines
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the use of arbitrary arrest and incarceration, torture and corporal and capital punishment have been said to be common in both criminal and political cases in which of our model countries
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saudi arabia
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incarceration rates of our model countries
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USA 730, China 121
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in what federal case was it decided that prisoners could sue state officials over prison conditions, poor treatment , or denial of basic rights in the US?
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Cooper vs Pate
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The crime control model assumes that criminal behavior can be controlled by
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more incarceration and other forms of strict supervision in the community
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key issues of concern within the japanese prison system
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-unflattering reports about the treatment of offenders -growing number of inmates who are members of gangs or organized crime groups -inmates are coming in with drug abuse and mental health problems
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jihad
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holy war
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state sponsored terrorism
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practiced by governments against their own citizens or another country in order to protect their own political, economic , or military interest
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which of the following does track or report terrorist activity or events
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-global terrorism database -RAND - the memorial institute of the prevention of terrorism -ITERATE -NCTC (national counter terrorism center) -WITS(worldwide incidents tracking system)
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as of july 2012 one of the countries that have been designated by the united states as state sponsors of terrorism
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-cuba -iran -sudan -syria
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3 legal conditions that must be present to receive the designation of being a terrorist group
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-must be foreign -group must engage in terrorist activity -group's activity must threaten the security of the US
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1st option of dealing with terrorism
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dealing with terrorism within the confines of a foreign policy
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largest terrorist threat of the 21st century
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cyber terrorism
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the good friday accord was an agreement signed by which of the following parties
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british/irish (catholic/protestant)
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La cosa nostra
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groups of organized crime families (mafias)
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examples of provision of illicit goods and service
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-gambling -lending money -sex -narcotics -stolen property -loansharking
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the infiltration of business or government is characterized by the following
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-exploitation -consumer and business fraud -extortion by computer and corruption using intimidation
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what enforces contracts with organized crime circles
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the use of violence
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triads and tongs are examples of organized crime groups within which ethnicity
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Chinese
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"Yakuza"
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organized crime group in japan. name means worse possible hand in a japanese card game
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which of the following is one of the structures and organizations that the United Nations survey found
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-rigid hierarchy -devolved hierarchy -hierarchical conglomerate -core criminal group organized criminal network
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which of the following is the most significant reason that organized crime as become an international problem
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globalization of the world economy
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child soldiers prevention act
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-signed into law in the US in 2008 limits the age at which a child can fight
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trafficking in persons act, tier 3
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countries whose government do not fully comply with the acts minimum standard and are not making significant effort to do so suffer with holding of non humanitarian foreign assistance
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cyber crime
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the misuse of computers and the internet to carry out criminal activity
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which of the following reports the lowest level of fraud
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japan
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highest corruption
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france
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best example of international cooperation against organized crime, which is the 1st international instrument of its kind
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United Nation Convention against Transnational Organized Crime
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Hawala
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underground paperless banking system in which money is deposited in one country with a trusted broker in another country
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a criminal act is committed by a person under the legal age
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delinquency
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what is the most universally accepted age of adult criminal responsibility
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18
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status offense
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acts for which only juveniles can be held liable
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self reports have been consistent in finding that most juveniles
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break the law at one time but that only a small proportion engage on persistent/serious criminal behavior
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due process in juvenile justice
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rights under law and thereby ensuring, among other rights, fair and equitable hearing procedures
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youth aid section
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national police unit of trained officers that diverts more than half of young offenders out of the justice system
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juvenile justice adjudication initiatives involves achieving consensus regarding whether or not juveniles court records can be use after the juvenile reaches adulthood?
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use of juvenile record
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international standards relating to juvenile delinquency pertains to the standards of treatment of persons under the age of 18 when confined to any institution or facility by the order of a court or similar body
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rules for the protection of juveniles deprived of their liberty
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International standards relating to juvenile delinquency, defines a child as a person under the age of 18 and established many protections
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convention on the rights of the child
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what have estimates put the number of juveniles world wide that are in custody
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1 million
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3 principles that must be followed if delinquency prevention is to be more effectively sought
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-learning from the past -evaluation of existing efforts -greater imagination in handling juveniles
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which of the model countries distinguishes between 3 types of juvenile misconduct under the law: juveniles between 14-20, offenders under 14, and juveniles who commit status offenses
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japan
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bangjiao and work study schools
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nonjudicial approach fro juvenile rehabilitation in china
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a simple definition of a ______ is that it is an agency with power to settle disputes in a society
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court
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a principle that holds that courts and judges are bound to the law and should make decisions without being under the influence, direct or indirect of other governmental or political structures
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judicial independence
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system based on non-rational factors such as appointment by political leaders and election by the people
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politically based systems
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International ______ are generally temporary bodies that are organized to judge persons for their behavior during a specific time for a specific event
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tribunals
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refers to fundamental norms that are recognized on the international level as having status superior to other norms
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jus cogens
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involves the offender being transformed into a law abiding person through programs of medical, psychological , economic or educational improvement
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rehabilitation
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restoration involves the ______, ______, and ______ working together to restore the victim and the community to it previous state.
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community ,victim and offender
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In china, prisoners are subject to institutions called _____ which are believed to promote "thought reform through labor."
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laogar
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any sentence in which a persons body is subjected to physical pain such as flagging, mutilation, electric shock or branding
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corporal punishment
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_____ designs measure data at one point in time, whereas _________ designs measure data over a period of time
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stock deign flow design
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represent a way to bring outsiders into the prisons to help with problems of administration and discipline.
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Independent Monitoring boards
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if we compare the use of noncustodial sanctions in england, france and germany , we can see that ______ is clearly the leader in the use of such sanctions
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Germany
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among the most controversial of the educational and reform methods used in chinese correctional facilities are program that promote
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thought reform
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the single most pressing problem faced by prison systems across the world
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prison crowding
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in 1955, the __________ developed what had become the most well known of prison guidelines, the standard minimum rules for the treatment of prisoners
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united nations
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a method of warfare used by one side in a conflict or war when it believes it lacks military power and so must use strategy that differ from conventional warefare
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asymmetrical warfare
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defined as terrorist activity committed by individuals or groups who may or may not be formally connected to a loose, cell based organization structure, with religious motivations, using asymmetrical warfare tactics to achieve ideological goals
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new terrorism
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the activities by government against their own citizens or other countries is called
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state sponsored terrorism
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the use of political and economic pressure, negotiation and compromise rather than violence to solve conflicts between nations or groups
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foreign policy
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nuclear, chemical or biological weapons that by their nature cane cause mass causalities and extensive property damges
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weapons of mass destruction
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continuing criminal enterprise that rationally works to profit from illicit activities that are often in great public demand
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organized crime
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the misuse of computer and the internet to carry out criminal activity
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cyber terrorism
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defined as abuse of a position of power for illegitimate private gains
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corruption
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the ________ produced by transparency international examines the perception of the business persons and analysts both inside and out of 190 countries worldwide
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corruption perception index
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it has been observed that the rise of ___________ is unfortunate by product of globalization, through which technological advances and lower barriers to trade have created seamless electronic environment ad empowered new classes of actors which by pass nation states
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transnational organized crime
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acts for which only juveniles can be held liable
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status offenses
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represents proactive approach to delinquency involving the roles of family, school, the community, media, social policy, legislation and the juvenile justice administration
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guidelines for the prevention of juvenile delinquency
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children should be ______ from the formal system wherever appropriate and specifically to avoid being labeled as criminals
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diverted
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in schools, interventions that target change in the social context appear to be ________on average, than those that attempt to change individual; attitudes skills and risk behavior.
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more effective
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most juveniles are arrest for _________crimes
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crimes against property
