COMPARITIVE CRIMINAL JUSTICE SYSTEMS

Transcription

1 Online Instructor s Manual with Test Bank for COMPARITIVE CRIMINAL JUSTICE SYSTEMS A Topical Approach Sixth Edition Philip L. Reichel University of Northern Colorado Prentice Hall Boston Columbus Indianapolis New York San Francisco Upper Saddle River Amsterdam Cape Town Dubai London Madrid Milan Munich Paris Montreal Toronto Delhi Mexico City Sao Paulo Sydney Hong Kong Seoul Singapore Taipei Tokyo i

2 Copyright 2013 Pearson Education, Inc., publishing as Prentice Hall, Upper Saddle River, New Jersey and Columbus, Ohio. All rights reserved. Manufactured in the United States of America. This publication is protected by Copyright, and permission should be obtained from the publisher prior to any prohibited reproduction, storage in a retrieval system, or transmission in any form or by any means, electronic, mechanical, photocopying, recording, or likewise. To obtain permission(s) to use material from this work, please submit a written request to Pearson Education, Inc., Permissions Department, One Lake Street, Upper Saddle River, New Jersey. Many of the designations by manufacturers and seller to distinguish their products are claimed as trademarks. Where those designations appear in this book, and the publisher was aware of a trademark claim, the designations have been printed in initial caps or all caps Prentice Hall is an imprint of ISBN-13: ISBN-10: ii

3 Contents Chapter 1: An International Perspective 1 Chapter 2: Domestic Crime, Transnational Crime, and Justice 3 Chapter 3: An American Perspective on Criminal Law 5 Chapter 4: Legal Traditions 6 Chapter 5: Substantive Law and Procedural Law in the Four Legal Traditions 8 Chapter 6: An International Perspective on Policing 10 Chapter 7: An International Perspective on Courts 13 Chapter 8: An International Perspective on Corrections 15 Chapter 9: An International Perspective on Juvenile Justice 18 Chapter 10: Japan: Examples of Effectiveness and Borrowing 19 Test Bank Chapter 1 1 Chapter 2 12 Chapter 3 24 Chapter 4 33 Chapter 5 44 Chapter 6 55 Chapter 7 67 Chapter 8 80 Chapter 9 93 Chapter Answer Key 115 iii

4 Chapter 1: An International Perspective Class Activities Discussion Starter: I often begin my comparative course by having students respond to a few questions I post on the course Blackboard site (although the questions could certainly be asked in class as well). These questions serve to get students thinking about alternatives to our justice system and provide a base from which various topics to be covered in the class can be noted. I keep track of how classes have answered these questions during recent semesters then show student in the current class how those in other classes have responded. Some questions I have found to be especially useful are: o Despite its occasional problems, the American justice system is still the best in the world. (Agree, Unsure, Disagree) o I can think of no better way than the American jury system to determine whether or not a defendant actually committed the crime of which s/he is accused. (Agree, Unsure, Disagree) Have students identify both positive and negative aspects of ethnocentrism. Is there generally agreement on which features are positive and which are negative? How might both aspects affect the way tourists visit a foreign country, the way students study comparative justice systems, or even the way an author prepares a textbook on comparative justice? Instructor Resources Web Sites: If your library subscribes to Oxford Bibliographies Online (individual subscriptions are also possible), go to enter comparative criminal justice systems in the search box, and link to my entry for an overview of the topic and some annotated resources. Gray literature a term applied to information sources that are not commercially published typically includes technical reports, working papers, government and agency reports, and conference proceedings. The Gray Literature Database at the Rutgers School of Law ( contains gray literature publications on all aspects of crime and criminal justice that are available online or in the Don M. Gottfredson Library of Criminal Justice. Books: Professor Harry Dammer (University of Scranton) and I have prepared a new edition of Teaching About Comparative & International Criminal Justice: A Resource Manual. The manual includes essays on teaching comparative/international criminal justice courses, selected syllabi from instructors who teach such courses, a bibliography of books on comparative topics, an essay on using video to teach comparative justice, and a section on using the Internet as a teaching aid. Please contact either of the editors, Harry Dammer (dammerh2@scranton.edu) or Philip Reichel (philip.reichel@unco.edu). 1

5 Journals: If you teach comparative criminal justice on a regular basis, or if you are involved in comparative research, there are several publications with which you should be familiar. o European Journal of Criminology at o International Criminal Justice Review at o International Journal of Comparative and Applied Criminal Justice at o International Journal of Offender Therapy and Comparative Criminology at o Policing: An International Journal of Police Strategies and Management at Organizations: If you teach comparative criminal justice on a regular basis or if you are involved in comparative research, there are several organizations with which you should be familiar and which you should consider joining. o International Section of the Academy of Criminal Justice Sciences o Division of International Criminology of the American Society of Criminology 2

6 Chapter 2: Domestic Crime, Transnational Crime, and Justice Class Activities Discussion Starter: The text warns about the danger of comparing crime rates across countries, but Figures 2.1 and 2.2 often make it too tempting to make such comparisons. Use class discussion to talk about possible differences among countries that could explain, for example, high versus low rankings in Figure 2.1 and trend differences in Figure 2.2. Make sure to include in the discussion an understanding of the problems presented by the recording and reporting of crime data as discussed in the chapter. This chapter s Impact box covers the controversial topic of guns and violence. Give students a few minutes to read that box, then encourage class discussion regarding such things as the three possible links between crime and gun availability. What are some possible explanations for the contradictory findings thus far? What are some possible policy implications? Presentation and Project Ideas: The United Nations provides electronic access to crime data from all the world crime reports through its Office on Drugs and Crime. Students adept at or interested in learning about statistical research should visit then present in class some updated statistics and/or some information not in the textbook chapter. Have students review the U.N. Global Report on Trafficking in Persons at then provide in class a summary of the report s key findings. Have students visit the United Nations Office on Drugs and Crime site map at where they will find a list of topics (e.g., corruption, money laundering) and related resources (e.g., toolkits and publications) that they can use to prepare presentations on chapter-related material. Speaker Ideas: Ask the Federal Bureau of Investigation to provide an agent to speak about transnational organized crime. Environmental crime is becoming a hot topic and one that has far-reaching implications. Speakers from state or federal environmental protection agencies may provide interesting information as guest speakers. The Criminal Investigation Division of the U.S. Environmental Protection Agency would be an especially good resource if they have an office near you. Instructor Resources Web Sites: 3

7 If your library subscribes to Oxford Bibliographies Online (individual subscriptions are also possible), go to and enter in the search box the terms cross-national crime (find the entry by Janet Stamatel) and transnational crime (find the entry by Jay Albanese) for overviews of the topics as well as helpful annotated resources. Visit Interpol at and click on the various crime areas that Interpol tracks. Video and Audio Ideas: Go to National Public Radio at search for specific transnational crimes (e.g., human trafficking, sea piracy, money laundering), and play one of the 3-5 minute audio clips. This is a great way to provide current information about crimes and will often highlight political aspects of crime that can generate class discussion. Books and Articles: Fichtelberg, A. (2008). Crimes without borders: An introduction to international criminal justice. Upper Saddle River, NJ: Pearson/Prentice Hall. Fichtelberg focuses primarily on international crime and comparative criminology topics. Kethineni, S. (Ed). (2010). Comparative and international policing, justice, and transnational crime. Durham, NC: Carolina Academic Press. A collection of essays designed to provide a comprehensive understanding of various international issues. Includes theories of international justice and international law, the roles of international justice organizations, and coverage of international law enforcement organizations. Stamatel, J. P. (2009). Overcoming methodological challenges in international and comparative criminology: Guest editor s introduction. International Journal of Comparative and Applied Criminal Justice 33.2: This introduction to the journal s special issue on methodology reviews the six articles selected for the issue all of which provide material useful for developing lectures on this topic. Van Dijk, J. (2008). The world of crime: Breaking the silence on problems of security, justice, and development across the world. Los Angeles: Sage Publications. Although more directly related to topics of comparative criminology, several chapters provide good information on international trends in law enforcement, courts, and corrections. 4

8 Chapter 3: An American Perspective on Criminal Law Class Activities Discussion Starter: Make the coverage of substantive law issues more interesting by incorporating actual case examples from Paul Robinson s book Would You Convict? (see the Books heading below). The cases presented in Robinson s first two or three chapters are especially relevant for issues like mens rea, actus reus, and harm. Presentation and Project Ideas: As a contrast to the Colorado and Georgia examples found in the text, have students find the robbery statutes in your state or province s criminal code. The students should explain to the rest of the class any similarities or differences they find among the statutes from the three jurisdictions. Relevant to material on the USA PATRIOT Act, have students debate the question Do National Security Letters give excessive surveillance power to the government? Find material for both sides of the issue at Speaker Ideas: Many local chapters of the American Civil Liberties Union (ACLU) provide speakers on a variety of civil liberties topics, including the USA PATRIOT Act. Go to and find the dropdown box showing find your local ACLU affiliate (look near the right margin). Choose your state and go to its web site. Contact information is readily available, and some of the affiliates include speaker information directly on the web page. Instructor Resources Web Sites: Visit the American Bar Association s Section of International Law at Books: Robinson, P. H. (1999). Would You Convict? New York: New York University Press. Criminal law expert Paul Robinson presents seventeen cases that provide great material for discussion of substantive law issues relevant to the United States. 5

9 CHAPTER 1 An International Perspective Chapter 1 Multiple Choice 1. Studying legal systems in other countries is said to have both: a. provincial and statistical benefits. b. universal and worldwide benefits. c. practical and theoretical benefits. d. provincial and universal benefits. Answer: d Objective: Summarize the provincial and universal benefits of an international perspective. Page number: 3 2. Provincial benefits of an international perspective include: a. furnishing ideas to improve one s own system. b. a means to compare and contrast one s own system. c. providing new insight and understanding of one s own system. d. All of the above. e. None of the above. Answer: d Objective: Summarize the provincial and universal benefits of an international perspective. Page number: 3-4 Level: Intermediate 3. When increased understanding of criminal justice systems in other countries allows those countries to cooperate in fighting crime, which of the following benefits of an international perspective is being provided? a. Provincial b. Universal c. Local d. Parochial Answer: b Objective: Summarize the provincial and universal benefits of an international perspective. Page number: 5 4. When increased understanding of criminal justice systems in other countries allows a particular country to gain ideas for improving its own system, which of the following benefits of an international perspective is being provided? a. Provincial b. Universal c. Ecumenical d. Cosmopolitan 6

10 Objective: Summarize the provincial and universal benefits of an international perspective. Page number: 4 5. With which neighboring country does the United States cooperate to form the Integrated Border Enforcement Team? a. Panama b. Mexico c. Canada d. Greenland Answer: c Page number: 6 6. With which neighboring country has the United States opened the Bilateral Implementation Office so that officials from both countries can work together more easily? a. Panama b. Mexico c. Canada d. Greenland Answer: b Page number: 7 7. What agency collects and disseminates information on international criminals as a way to assist countries in solving crimes and securing the arrest, detention, and extradition of suspects? a. Central Intelligence Agency (CIA) b. Federal Bureau of Investigation (FBI) c. Royal Canadian Mounted Police (RCMP) d. International Criminal Police Organization (Interpol) Answer: d Page number: 8 8. The three key institutions of the European Union are a. European Parliament, Council of the European Union, and the European Commission. b. Europol, Interpol, and International Criminal Court. c. Free trade, free movement, and free media. d. Germany, France, and Spain. Page number: 9 7

11 9. Which of the following is NOT an approach used in the text to study different criminal justice systems? a. Historical b. Situational c. Political d. Descriptive Answer: b Objective: Describe and compare the historical, political, and descriptive approaches to an international perspective. Page number: After a change in government leadership, Irena is put in charge of revamping her Central European country s police academy. To the extent that Irena researches police academies of other European countries when they were at a similar developmental stage, Irena is using what approach? a. Historical b. Situational c. Political d. Descriptive Objective: Describe and compare the historical, political, and descriptive approaches to an international perspective. Page number: 12 Level: Difficult 11. Li Chang is interested in how the socialist principles of Mao Zedong are reflected in the sentences handed down in Chinese courts. Given that interest, the approach Li is taking would best be described as: a. historical. b. situational. c. political. d. descriptive. Answer: c Objective: Describe and compare the historical, political, and descriptive approaches to an international perspective. Page number: Level: Difficult 12. Of the three ways to study different criminal justice systems, which one does the text suggest is most helpful in understanding the difficulty of establishing a contemporary Iraqi police force? a. Historical b. Situational c. Political 8

12 d. Descriptive Answer: c Objective: Describe and compare the historical, political, and descriptive approaches to an international perspective. Page number: In an effort to better understand the operation of prisons in his neighboring country of Canada, Matthew reads the Criminal Code of Canada and some information sent to him by the Canadian solicitor general s office. Matthew s search for information exemplifies what approach? a. Historical b. Situational c. Political d. Descriptive Answer: d Objective: Describe and compare the historical, political, and descriptive approaches to an international perspective. Page number: 14 Level: Difficult 14. In which of the following countries can the police, on their own authority, detain a suspect for up to 37 days? a. United States b. France c. China d. All of the above e. None of the above Answer: c Objective: Distinguish, with examples, the functions/procedures and the institutions/actors strategies. Page number: Rosemary s descriptive account comparing the criminal justice systems in eight different countries notes that all of the countries require that similar jobs be done and that assignment of duties is also similar among the countries. As a result, Rosemary s account emphasizes specific positions within each system rather than describing each system s underlying structure. Which strategy is Rosemary taking in her descriptive approach? a. Institutions/actors b. Positions/stations c. Functions/procedures d. Tasks/techniques Objective: Distinguish, with examples, the functions/procedures and the institutions/actors strategies. 9

13 Page number: 17 Level: Intermediate 16. What term refers to the grouping of individual objects into categories based on the objects relationships? a. Standardization b. Designation c. Nomination d. Classification Answer: d Objective: Summarize and distinguish the synthetic and authentic classification strategies. Page number: Synthetic classification strategies: a. result in artificial groups. b. are based on an extensive study of the object to be classified. c. provide a classification that allows predictivity regarding the group s members. d. are classification strategies that are later proven to be false. Objective: Summarize and distinguish the synthetic and authentic classification strategies. Page number: 18 (Table 1.2) Level: Intermediate 18. Lyda the librarian has grouped recently received DVDs into three categories according to whether they are most relevant to the topic of community policing, police training, or search and seizure procedures. Which classification strategy has Lyda used? a. Authentic b. Genuine c. Synthetic d. Credible Answer: c Objective: Summarize and distinguish the synthetic and authentic classification strategies. Page number: 18 Level: Intermediate Chapter 1 True-False 1. Provincial benefits of an international perspective include providing new insight and understanding of one s own system. Objective: Summarize the provincial and universal benefits of an international perspective. Page number: 3 10

14 2. An unfortunate problem with comparative studies is that countries interested in new ideas for their own system must get those ideas from countries at a similar level of development as themselves. Answer: b Objective: Summarize the provincial and universal benefits of an international perspective. Page number: 4 3. The United States and Mexico have equal status in their bilateral agreements. Answer: b Page number: Interpol agents not only investigate cases across borders, but may also arrest suspects and detain them for local authorities. Answer: b Page number: 8 5. The European Union currently has 12 member states. Answer: b Page number: 9 6. Countries making up the European Union remain independent sovereign nations. Page number: 9 7. Eurojust is a European Union (EU) organization that works to enhance cooperation and coordination of the prosecuting authorities in EU countries. 11

15 Page number: The police of one European Union country are allowed to pursue criminals across borders into another European Union country. Page number: A country s police, court, and corrections systems are essentially independent of, and therefore uninfluenced by, that country s political system. Answer: b Objective: Describe and compare the historical, political, and descriptive approaches to an international perspective. Page number: When countries are compared in terms of the process they follow to accomplish such things as pretrial detention, the functions/procedures strategy is being used. Objective: Distinguish, with examples, the functions/procedures and the institutions/actors strategies. Page number: Based on restrictions set in United States Supreme Court decisions, we would not expect the police to be able to independently detain a suspect for more than 15 hours before a judicial officer reviews the legality of the detention Answer: b Objective: Distinguish, with examples, the functions/procedures and the institutions/actors strategies. Page number: 16 12

16 12. Authentic classification strategies allow some predictivity regarding the group s members. Objective: Summarize and distinguish the synthetic and authentic classification strategies. Page number: 18 (Table 1.2) Chapter 1 Fill in the Blank 1. The term refers to the belief that one s own way of doing something is the best. Answer: ethnocentrism Objective: Summarize the provincial and universal benefits of an international perspective. Page number: 2 2. Neighbor cooperation is exemplified by the agreements between Mexico and the United States as the two countries work together to combat cross-border crime. Answer: bilateral Objective: Summarize the provincial and universal benefits of an international perspective. Page number: 5 3. The is a treaty-based framework of countries that defines and manages economic and political cooperation among its 27 members. Answer: European Union Page number: 8 4. The European agency charged with facilitating the sharing of information among EU countries regarding crimes and criminals in the European Union is. Answer: Europol Page number: When one is interested in how a country s justice system is supposed to operate, she will use the approach to an international perspective. Answer: descriptive Objective: Describe and compare the historical, political, and descriptive approaches to an international perspective. Page number: The approach to studying criminal justice systems allows us to identify how politics affects a nation s justice system and interaction among nations. 13

17 Answer: political Objective: Describe and compare the historical, political, and descriptive approaches to an international perspective. Page number: The strategy is used when concern is with such things as how countries go about arresting people, determining whether they are guilty, and sentencing convicted offenders. Answer: functions/procedures Objective: Distinguish, with examples, the functions/procedures and the institutions/actors strategies. Page number: Although there has been no U.S. Supreme Court decision on the matter, the initial appearance before a magistrate of a person who has been arrested in the United States typically occurs within hours of arrest. Answer: 48 Objective: Distinguish, with examples, the functions/procedures and the institutions/actors strategies. Page number: Synthetic classification strategies result in artificial groups whereas authentic classification strategies result in groups. uthentic Objective: Summarize and distinguish the synthetic and authentic classification strategies. Page number: 18 (Table 1.2) Chapter 1 Essay 1. List and describe three benefits that taking an international perspective can have for scholars, practitioners, and policy makers interested in the American criminal justice system. Answer: Provides a means by which the American system can be compared and contrasted. Provides new insight and understanding of the American system. Provides ideas for improving aspects of the American system. Objective: Summarize the provincial and universal benefits of an international perspective. Page number: 3-4 Level: Intermediate 2. Describe and distinguish among the three approaches to studying criminal justice systems by taking an international perspective. Answer: The historical approach allows us to identify previous mistakes and successes in a country s justice system, learn how earlier experiences help us understand the present, 14

18 and help us prepare for the future. The political approach allows us to understand how politics affects a nation s justice system and interaction among nations, and how politics affects a country s legal tradition. The descriptive approach provides knowledge of how a country s justice system is supposed to operate as well as identifying the main components and actors of that justice system. Objective: Describe and compare the historical, political, and descriptive approaches to an international perspective. Page number: 12 (Table 1.1) Level: Intermediate 3. Explain which strategy is being used under the descriptive approach when the emphasis is on how countries go about such things as arresting people, determining whether they are guilty, and sentencing convicted offenders. Answer: A functions/procedures strategy is being used (rather than an institutions/actors strategy) because concern is with the similarity of jobs to be done rather than on the people doing those jobs. Objective: Distinguish, with examples, the functions/procedures and the institutions/actors strategies. Page number: 15 Level: Intermediate 4. Explain which strategy is being used under the descriptive approach when the emphasis is on the specific agencies and their employees charged with operating a country s criminal justice system. Answer: An institutions/actors strategy is being used (rather than functions/procedures strategy) because concern is with the agencies and people doing the jobs rather than with the similarity of the duties themselves. Objective: Distinguish, with examples, the functions/procedures and the institutions/actors strategies. Page number: 17 Level: Intermediate 5. Distinguish between, and provide examples of, synthetic classification strategies and authentic classification strategies. Answer: Synthetic classification strategies, which are exemplified by such things as names alphabetized in a phone book, result in artificial groups that are based on only a few aspects of the object and results in classification that brings order to diversity. Authentic classification strategies, which are exemplified by such things as inherent biological characteristics, result in natural groups that are based on extensive study of the object and results in classification that allows some predictivity regarding the group s members. Objective: Summarize and distinguish the synthetic and authentic classification strategies. 15

19 Page number: 18 (Table 1.2) Level: Intermediate 16

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