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Copy of Comparing Legal Traditions in Criminal Justice

A client project for Professor Vaughn

Robert Vaughn

on 18 April 2016

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Transcript of Copy of Comparing Legal Traditions in Criminal Justice

Comparing Legal Traditions
Primary Source of Law
Primary Source of Law
Primary Source of Law
Primary Source of Law
Historical Influences
Historical Influences
Historical Influences
Historical Influences
Definition for Crime
Definition for Crime
Definition for Crime
Definition for Crime
Criminal Process
Criminal Process
Criminal Process
Criminal Process
Modern nations:
United States
United Kingdom
Canada (Except Quebec)

Modern nations:
Modern nations:
Saudi Arabia
Modern nations:
Feudal Practices

William I/Henry I
Henry II
Henry de Bracton
The Magna Carta
William Blackstone
Edward Coke
A crime is a violation that is punishable by force of common law as distinguished by statute
This model was first developed in Russia after the Communist seizure of power in 1917.
The basic features of Soviet Law came into effect soon after the 1917 Russian Revolution.
Governments were above the law.
After WWII, Soviet legal model was imposed in countries in central and eastern Europe.
Other communist parties in China, Cuba, North Korea, and Vietnam adopted variations of Soviet Law.
Adversarial system stacked against the defendant
prosecutors are political figures and act as the investigators
Convicted defendants used as an example
China is one of the last remaining socialist criminal justice systems
Modeled after the Soviet's 1960's system, with a few differences
Multi-judge system
Uses multiple judges or poeple assessors
Must be an odd number
Death penalty is always reviewed by the People's Supreme Court
A crime is what the ruler defines
A crime defies the ruler or his vision
A crime is what hinders or harms the people as a whole
Shares with the Civil tradition
Socialist Law represents revolution ideals
Law is not absolute value
Law is an instrument
Judges apply law and do not make law
Government above law
No God = No Law (basic tenants)
Written Code
Roman Civil Law
Canon Law
Commercial Law
Corpus Juris Civilis
Decretum Gratiani
The Napoleonic Code
German Legal Science
Inquisitorial Method
Centralized Law Enforcement

Code of Law/written law
Categorized similar to the U.S.
Primary source of law: Qur'an and Sunna
Before Muhammad, Arabic tribes operated under customary laws
Prophet Muhammad
Islamic law is uncommon in its singularity of purpose
Islam recognizes no distinction between a legal system and other controls on a person's behavior
To handle crime Islam refers to the Quran/Sharia Law
1. Prescribed punishments
Cannot be waived by judge
2. Retribution
Retribution is not lawful except where the killing/injury was done deliberately.
3. Discretionary punishments
Most Flexible
Full transcript