'Comparative Criminal Justice Systems\r'

'In Phillip L. Reichel’s word of honor Criminal Justice constitutions 6th edition Phillip Reichel mathematical functions the historical, politicsal and descriptive overturees to comparability out fair play nicety dusts, although it is the excogitation and actors st gaitgy that Lynch emphasizes. Legal systems and ratified traditions know been kittyvass and opposed since the early 18th century. We will be discussing why woeful jurist systems are studied and evaluating and study how the historical, semipolitical and descriptive burn downes are utilize to study at once’s criminal arbitrator systems.In reference to why we study different justice systems although a society throne non replace their heavy system completely with that of an opposite area’s momentual system it is outstanding that we custom comparative degree studies, as thither are both(prenominal) provincial and global wins. Comparing how other criminal justice systems scarper provides a point of contrast for a rural’s bear justice system overly enabling them to analyse and to better chthonicstand their level-headed system in ordinance to garter break the way in which their system operates.As to the universal benefits comparative studies help nations to better at a lower placestand differences and similarities in other nation’s justice systems to help them abet and work together to beset international horror. Although impartiality enforcement agencies confuse worked together for centuries with the first extradition agreement amid the States and Great Britain cosmos made in 1794. One may suggest that it is essential that criminal justice systems work much closely today than ever before as organised crime has developed more on an international scale. Countries arsehole co-operate together on both a isobilateral and multinational basis.The latter being where more than two countries work together for typeface the EU and the author being where two countries work together ordinarily neighbours for example America and Canada. As with all deuce-ace approaches the primary goal is to convey information. With the historical approach information studied is used to tell us what mistakes and successes have already occurred and what earlier experiences tell us about the present. Although perhaps the most definitive benefit gained from use the historical approach is how knowlight-emitting diodege of the departed get to us for the early?As the criminal justice system and judiciary changes over duration and by not having an experienceing of the former(prenominal) tense integrity may suggest it would be difficult to prepare for the future. Over the years there have been galore(postnominal) changes in criminal justice systems around the universe of discourse and the historical approach has helped legal systems learn from past mistakes and successes in their penitentiary system’s, rehab ilitation processes, judiciary, moorage law and other areas such as investigatory techniques and the way in which we gather march.As mentioned some of the benefits of apply an historical approach is how knowledge of the past screwing help prepare us for the future and what we can learn from our mistakes and successes. Improving conviction rates and change magnitude wrongful convictions has al slipway been a goal seek by criminal justice systems globally. The introduction of desoxyribonucleic acid had a huge impact on law enforcement agencies around the world and improved the way they investigated crimes, self-collected evidence, prosecuted, solved crimes, decrease wrongful convictions and helped in exonerating mint who had already been wrongfully convicted muckle.In 2002 the innocence project was order up in the United States and as of celestial latitude 2011, 307 were exonerated of wrongful convictions by the use of deoxyribonucleic acid testing since 1989, 17 of whom h ad been sentenced to death. The first use of desoxyribonucleic acid was in Eng buck in Leicester when jurisprudence asked Dr. Alec J. Jeffery’s in 1986 to help identify a doubt refer in two rape-murders. The tests actually cleared the pilot burner suspect and police therefore took several century DNA samples from males in the local area which led to Robert Melias being the first someone being convicted with the use of DNA in 1987.After this case America began using DNA evidence and Tommy Lee Andrew was the first person to be convicted in the United States in November 1987 also for rape. Another example of the historical approach is Gustave de Beaumont’s and Alex de Tocquellive’s report of the American penitentiary social organisation in 1831 and 1832 and the french’s prison system. They criticised the French penitentiary system as it was costly to the treasury, was natural depression on discipline and there was a racy rate of inmates being sent back to prison.The American system however showed a get ahead as inmates were made to work during the day and there was a high level of discipline as inmates were unploughed in isolation at night. Having the system agree this way not only showed a profit save also provided a low rate of recommittals. Gustave de Beaumont and Alex de Tocquellive’s compared the American penitentiary system with not only their own French system however also the penitentiary system of Switzerland. Their report suggested ways to try and help their system by incorporating the American system and is an example of how we can learn from earlier mistakes and successes.As discussed one of the reasons we compare legal systems is in order for countries to work together to combat crime they mustiness understand the differences and similarities in how their legal systems operate. Although for a country to work with another country it is also important to understand each other’s political system . The political approach is of importance when comparing legal systems as politics not only has an effect on a nation’s justice system precisely also effects fundamental interaction among nations.An example of how politics has effected both a nation’s justice system and interaction among nations is the case of Yvonne Fletcher. On the 17th April 1984 Yvonne Fletcher a practice of law officer was on duty during a remonstrance outside the Libyan embassy. Without fightning from one of the windows of the embassy gunshot was discharged at the protesters. Eleven people were hurt including Fletcher who was fatally wounded after being mop up in the stomach. Yvonne Fletcher died one hour later after being taken to Westminster hospital.The shooting resulted in MI5 being called and armed police surrounding the Libyan embassy for xi days in one of the longest police sieges in London’s history. Britain at the clock had diplomatic relations with Libra which meant they motivatinged federal agency from the Libyan government to enter their embassy as under worldwide law an embassy is a diplomatic premise. Although police were a state of ware of this they still wanted to enter the Libyan embassy exactly at least needed authorization from the British prime minster, then Margaret Thatcher.As Margaret Thatcher was not in the country the responsibility was Douglas Herd’s then Home secretary to negotiate permission from the Libyan government to enter their embassy or to ignore International law and enter the embassy without their permission. The leader of the Libyan government then Gaddafi not only decided to not give consent to enter the Libyan embassy but declared that their embassy was under attack and in put to work Libyan soldier’s surrounded the British embassy in Libya. With the risk to employees of the British embassy being harmed and diplomaticimmunity under International law the British government allowed the embassy rung t o leave the building and escorted them to the airport to return to Libya. As a result of the embassy siege and Yvonne Fletcher the United solid ground ended all diplomatic relations with Libya and in 1987 passed the diplomatic and consular premises act. The Diplomatic and consular premises act 1987 allows the UK government to determine which land is considered to be a diplomatic or consular premise and has been used once when the Cambodian embassy was engaged by squatters.Another example of how politics has effected a nation’s justice system is the war on Iraq. In 2003 George Bush declared war on Iraq and within a month America had declared victory. Although the American army had taken restraint there was widespread looting and riots and the need for a new police force was required. New York city’s former police commissioner Bernard Kerik was given the labour to not only reform the police but to improve other areas such as: the restrain controls and customs.Berna rd Kerik decided that the best way to do this was to train the Iraki police force from everything from human rights to the use of fire arms. The tuition was out sourced to an American consulting unanimous called Dyn Corp International, this is an example of how a political system can influence a nation’s police force. Today there are 42,000 members of the Iraqi police all of which have completed the training provided by DynCorp International with more than 5,700 also complementary specialized training from the Italian police and NATO.Although when comparing legal systems Lynch uses the historical and political approaches it is the descriptive approach and in particular the design and actors scheme that Lynch emphasizes on for his book. In order for us to evaluate and compare each other’s legal system’s we first need to know how a system is speculate to operate. The descriptive approach gives as a description of how a country’s legal system is suppo sed to operate. It is by using the descriptive approach that we can compare similarities and differences between legal systems.The descriptive approach use’s two strategies the functions and procedures outline and the institution and actors system. The main difference between the functions and procedures and institutions and actors strategy is that the institutions and actors strategy enables us to compare a macro anatomy of legal systems. It is because of this that Lynch emphasizes this strategy. The functions and procedures strategy can help us group and compare countries based on their similarities as Lynch argues that all countries require that similar jobs be done or thou there may be more differences between the people doing the job then the jobs themselves.The functions and procedures strategy is not as helpful when comparing differences between legal systems. For example America, France and China have procedures for arrest and gathering evidence or trying to hol d dear suspects against prolonged pre-trial detention. The functions and procedures strategy can be used to group such countries and compare similarities for example America, France and China all have time limits on how long a suspect should be held without charge. However when comparing a large number of legal systems on how they try to protect suspects against prolonged pre-trial detention we may find more differences.The institution’s and actors strategies approach helps us more when there are more differences between legal systems. For example when comparing how countries protect suspects against prolonged pre-trial detention. If there are a number of differences the institution and actors strategy compares systems based on their institutions such as their courts and corrections thus enabling to compare more countries and both similarities as well as more differences. The Historical, governmental and Descriptive approaches each provide ways to compare criminal justice s ystems and each have their own benefits.The Historical approach tells us how knowledge of the past can help us prepare for the future and helps us learn from past mistakes and successes. The Political approach tells us how politics can affect a nation’s justice system as well as interaction among other nations. The descriptive approach (functions and procedures/institution and actors strategies) explains how a nation’s justice system is supposed to operate, the main components of a justice system and helps us compare a large number of different justice systems.We compare legal systems not only for the provincial benefits but also to improve multinational cooperation to help combat international crime. Organized crime has increased over the years and criminals work more closely with criminals from other nations, as Thomas Friedman a New York editorialist writes in his book â€Å"The world is flat”. because it is equally important if not more important that crim inal justice systems work together and understand each other’s legal systems and traditions.\r\n'