Definition of Comparative Criminal Justice
Comparative criminal justice examines the differences between justice in different kinds of societies and communities. Those who specialize in such a field are called comparativists. By studying the differences in approach, methodology and effectiveness, they hope to discover better ways of enforcing laws and ensuring justice for more people.
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Societies
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Comparative criminal justice identifies four basic societies and the type of justice they practice. Communal systems operate according to primitive dictates, with few laws and no punishment system until someone goes "too far," in which case punishment is brutal. Urban-commercial societies have the basic structure of law enforcement in place, usually stemming from a centralized authority such as a king or religious organization; enforcement varies based on the feelings of such authority. Urban-industrial societies have relatively well-developed criminal codes, a specialized police force and the beginnings of social guidance, such as laws that reward good behavior instead of punishing bad behavior. Finally, bureaucratic societies resemble those in 21st century Europe or North America, marked by a well-developed criminal code, overcriminalized laws, newly emerging forms of crime and a police force stratified into specialized sub-units.
Types of Law
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According to comparative criminal justice, all law systems in the world fall into four basic types. Common law systems are present in modern English-speaking countries, and lawyers in such systems interpret the law and judges make their decisions based on earlier precedents. Civil law systems are practiced in continental Europe, Japan and Latin America. They espouse a stricter interpretation of written law than the common law system and afford the accused fewer rights. Socialist law is practiced in communist or former communist regimes, where individual rights are subsumed by the state and enforcement is based on rehabilitation in order to "correct" nonsocialist ways of thinking. Finally, Islamic law takes its legal precedent from the Koran and believes that all laws stem from divine dictates. It stresses appropriate ways to dress and eat and enforces commandments against specific forms of crime.
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Historical Trends
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Comparative criminal justice divides the development of justice systems into three basic trends: demystification, rationalization and bureaucratization. Those trends strive to remove fear and superstition from the law, minimize its impact on personal whims and develop a system whereby reason, intelligence and true justice prevail.
Court Types
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Courts fall into two basic types when examined by comparative criminal justice. Adversarial courts assume that the accused is innocent until proven guilty (in which case lawyers attempt to prove his guilt or innocence), while inquisitorial courts assume the accused is guilty and force him to prove his innocence.
Correctional Systems
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Prisons and similar forms of correction can be distinguished by their use of corporal (physical) punishment or not. Corporal punishment shows less regard for prisoners' rights, though societies that practice it also tend to have fewer prison overcrowding problems than societies that don't.
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References
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