This Topic Page concerns Due Process.
Swygart This is an electronic copy of a chapter published in the Handbook of Criminal Justice Administration, edited by M. Hooper, and Judy Schmidt, pp.
Marcel Dekker Publishers, New York, Also available in pdf format. Deflem, Mathieu, and Amanda J. This chapter offers a review of the most central themes and issues of comparative research on criminal justice.
The emphasis is on investigations of the contemporary, rather than the historical, dimensions of criminal justice, particularly the most recent developments in comparative criminal justice research over the past decade. To offer a useful introduction to the rich domain of comparative criminal justice, this review offers a discussion of relevant themes following a trajectory from criminal law and procedure, including adjudication, over law enforcement, to corrections and other forms of punishment.
A separate section deals with the significance of ethnicity, age and gender in comparative criminal justice. The focus of this chapter is on empirical research findings, but in the final section special attention is devoted to conceptual and methodological issues that are specific to comparative research on criminal justice.
These national systems, moreover, have undergone important transformations over the course of history. Research has focused attention on such broad comparisons across the world and over time. Important differences exist between Western systems of criminal justice and their non-Western counterparts see Adler, ; Ebbe, ; Fennell, ; Fields and Moore, Within Western nations, there are variations in the conceptions and goals of criminal justice, but they largely represent variations on a similar theme, especially when compared with other criminal justice systems in non-Western settings.
For example, research has analyzed the roots of the United States system in Anglo-Saxon legal culture and explored the differences that have come to exist between contemporary systems that evolved in that tradition, such as in Canada and England. In a comparative analysis of pretrial prejudice in the Canadian and U.
Similarly, McKenzie brings out differences within Anglo-Saxon systems, emphasizing the different legal ideologies of criminal justice in the United States and the United Kingdom.
McKenzie found that the U. In a similar vein, Hirschel and Wakefield note some marked differences between courtroom procedures in England and the U. Comparing different but related systems of criminal justice, researchers often suggest how one system can learn from the other.
Thus, comparing the U. More important than such suggestions —which may remain without real consequences— are the various trends of convergence between criminal justice systems across different countries, which researchers have found to have been taking place in recent decades.
For example, describing differences between the U. Likewise, Zedner a discusses shifts in criminal justice ideology in Britain and Germany and notes that the once more liberal penal ideology of Britain has moved to a harsher approach, as manifested, for instance, by adopting tougher noncustodial sentences and longer custodial sentences.
In similar vein, research from Harding and associates found that the British and Dutch systems of criminal justice have also converged inasmuch as the criminal justice procedures in the two countries are being harmonized as part of a broader plan of so-called Europeanization, i.
The authors note that transnational efforts such as reform practices based on an international human rights discourse have facilitated this assimilation trend, even though the legal systems of these nations are based on distinct ideologies.
Beyond the differences among criminal justice models that are applied in the Western world, there are important variations between Western and non-Western systems. Allen applies a convenient model that distinguishes between four systems of criminal justice: Common, Civil, Islamic and Socialist systems.Legal Research & Practical Guidance.
Build your legal strategy and do vital work using authoritative primary law, analysis, guidance, court records and validation tools. Due Process vs. Crime Control Model Some of the differences between the due process model and the crime control model are in the due process model people that are arrested are perceived to be innocent until proven in a court of law.
The crime control model believes that the people that are arrested are guilty and need to be punished by the government. Here you can find all of the fantastic talks and speakers to be presented at DEF CON 23! This paper addresses the historical, current, and projected scope of wrongful convictions in the judicial process of the United States.
Herein, numerous research studies are reviewed in order to identify the trend of this problem, determine its origin, and propose solutions. REVIEW ESSAY Defining the Limits of Crime Control and Due Process THE LIMITS OF LAW ENFORCEMENT; by Hans Zeisel.t Chicago: University of Chicago Press, Pp.
xvi, UPDATE: Comparative Criminal Procedure: A Select Bibliography. By Lyonette Louis-Jacques. Lyonette Louis-Jacques is Foreign and International Law Librarian and Lecturer in Law at the University of Chicago D'Angelo Law Library.
Lyo received her B.A. degree and her J.D. from the University of Chicago, and her library science degree from the University of Michigan.