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Journal Assignment

All questions are worth 20 points, APA style format, Questions must be throughly answered:

Discuss the safeguards recommended by the United Nations Economic and Social Council regarding the death penalty. Do you agree with these recommendations? Why or why not?
Review the international research on self-reported delinquency, what is the most common outcome? Do you see additional trends in delinquency compared to delinquency in the United States? If so, what additional trends do you see?
Discuss the following and how they apply to juvenile offenders: Beijing Rules (Standard Minimum Rules for the Administration of Juvenile Justice), Riyadh Guidelines (Guidelines for the Prevention of Juvenile Delinquency), and JDLs (Rule for the Protection of Juveniles Deprived of their Liberty). If you could use these as a guideline to create a standard in the United States; what would this standard look like?
Examine the use of corporal punishment in other countries. Do you agree with the use of corporal punishment? Should corporal punishment be allowed in the United States, why or why not?
Discuss the International views of capital punishment. How are these views different from those in the United States? Have the International views of capital punishment had an impact on how capital punishment is used in the United States; if so, how?

Comparative Criminal Justice Systems

Seventh Edition

Chapter 8

An International Perspective on Corrections

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Learning Objectives (1 of 2)
8.1 Explain two classification schemes that can be used to show the variation among countries in how convicted offenders are sanctioned
8.2 Name and describe the four classic justifications and goals for punishment
8.3 Explain and provide several examples of financial penalties as they are implemented around the world
8.4 Describe how corporal punishment is applied in some of the world’s countries and place its use in the context of international standards

Learning Objectives (2 of 2)
8.5 Describe how capital punishment is applied in some of the world’s countries and place its use in the context of international standards
8.6 Summarize how probation is an example of a noncustodial sanction and list three responsibilities of probation agencies
8.7 Compare the prison systems of Brazil, Australia, and India
8.8 Summarize the issues facing women, foreign national, and minority prisoners throughout the world

Comparative Penology
Ways to compare countries in terms of penal sanctions
Cavidino & Dignan
Use social, economic, cultural, and ideological variables to identify four families: neo-liberalism, conservative corporatism, social democratic corporatism, and oriental corporatism
Neo-liberal countries have highest imprisonment rate and oriental corporatism the lowest
Ruddell & Urbina
Compare homogeneous and heterogeneous countries on punitiveness (having death penalty and imprisonment rate)
More heterogeneous countries are more punitive

Punishment (1 of 2)
Primary justifications
Retribution
Reflects human tendency toward vengeance
Is considered a necessary and natural response to social norm violation
Should be some equivalence between punishment and offense
Deterrence
Specific deterrence punishes for purpose of determining offender’s future criminal behavior
General deterrence punishes offender to deter offending by others in society

Punishment (2 of 2)
Primary justifications
Rehabilitation
Punishment should result in a reforming of offenders into productive members of society
Treatment programs used to assist offender in being better able to operate as law-abiding society member
Incapacitation
Protect society by restricting an offender’s freedom of movement
Historically accomplished with imprisonment but today is also likely to rely on technology

Punishment Types
Classification scheme for this chapter considers four sentence categories
Financial Penalties
Corporal and Capital Punishment
Noncustodial Sanctions
Custodial Sanctions

Financial Penalties
Inexpensive to administer and can be combined with other sanctions
Fines
Fixed-fine (same amount for all defendants committing similar crime regardless of finances) is popular in U.S.
Day fine (combining factors of crime severity and ability to pay results in different fines even for similar crimes) is popular in Sweden and Germany
Compensation to Victims and Community
Diyya (victim of qisas crimes shows forgiveness by accepting financial compensation from offender)
Donation penalties (offenders in Germany avoid trial and conviction by paying money to victim, charity, or state)

Corporal Punishment
More accurately, judicial corporal punishment, since it is applied as a sentence
Refers to any kind of punishment of the body or inflicted on the body
One form, mutilation (including amputation) is used in some Islamic law countries but is considered contrary to international standards
Whipping, including flogging or caning, is mandatory for some crimes in Singapore and is used in Islamic law countries such as Iran and Qatar

Capital Punishment (1 of 3)
Amnesty International reports (excluding China) more than 1,600 executions carried out in 25 countries in 2015
90% of those in Iran, Pakistan, and Saudi Arabia
Methods include beheading (Saudi Arabia), hanging (Egypt, India, Iran, Japan, and others), shooting (China, North Korea, Saudi Arabia, and others), and lethal injection (China, USA, Vietnam)

Capital Punishment (2 of 3)
Most European and many South and Central America countries are abolitionist in full or in practice
The death penalty continues in the U.S., Middle East, and North Africa

Capital Punishment (3 of 3)
The role of public opinion
After a low of 42% (1966) favoring the death penalty and a high of 80% (1994), the percentage of Americans favoring is now around 60-65%
Death penalty was abolished in Canada, France, Germany, and the United Kingdom at times when a majority of their respective citizens favored its use
Today, there are few European countries where the public clearly opposes it—and some countries where support is strong

Noncustodial Sanctions
Probation
Around the world, probation attempts to reintegrate the offender into society in a way that balances offender needs with community safety
Most often, probation agencies have 3 tasks
Provide information to other criminal justice agencies
Case supervision
Enforcement

Custodial Sanctions (1 of 4)
Imprisonment rates vary

Custodial Sanctions (2 of 4)
South Africa
One of the world’s highest incarceration rates and one of the largest penal systems
Prisons operate at 157% capacity and are said to provide scandalously abusive conditions
Overcrowding has required that police lockups (designed for booking and initial detention) are actually used to hold sentenced offenders
Positive change in 2014 with detainees given a hearing to determine if pretrial detention needed

Custodial Sanctions (3 of 4)
Australia
Prison operation and management is the responsibility of each state and territory
Private prisons are also found
Most of the country’s prisoners are in New South Wales (33%) and Queensland (20%)
Main minority group is Aboriginal and Torres Strait Islander prisoners who are 2% of Australia’s population, but 28% of prisoners
Rehabilitation is priority with rehabilitation programs, work experience, and reintegration being priorities

Custodial Sanctions (4 of 4)
India
Prison operation is the responsibility of each state and territory
Low imprisonment rate is result of 1 billion population with fewer than 420,000 inmates
Three categories of prisoners
Persons convicted and serving a sentence (31% of total)
Persons awaiting trial (called undertrials) – 68% of the total
Mentally ill, “others,” and detenues (neither a convict nor an undertrial but in custody to preserve public order) – 1% of total

Women in Prison
More similarities than differences around the world
Consistently, women comprise a small number (2%-9%) of a country’s prison population
The world-wide tendency to imprison drug offenders results in more women prisoners
Similarity of needs and problems among women prisoners results in similar responses by prison authorities

Minorities in Prison
Racial and ethnic minorities are consistently overrepresented in prisons around the world
Reasons for the disproportionate representation
May be the result of selective criminalization practices and/or selective prosecution of certain racial and ethnic group minorities
Could also be the typically poor social and economic status that foreigners and ethnic minorities have in many countries
It is difficult to find a country anywhere at which charges of institutionalized racism and discrimination are not levied

Comparative Criminal Justice Systems

Seventh Edition

Chapter 9

An International Perspective on Juvenile Justice

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Learning Objectives (1 of 2)
9.1 Describe some similarities and differences in delinquency among the various regions of the world
9.2 Explain the problems faced by the United Nations in trying to define a minimum age of criminal responsibility or the ages to which their juvenile justice standards should apply
9.3 Compare the welfare and justice models of juvenile justice

Learning Objectives (2 of 2)
9.4 Describe characteristics of the juvenile justice system in New Zealand and Italy and explain why they are considered examples of the welfare model
9.5 Describe characteristics of the juvenile justice system in China and in England and Wales and explain why they are considered examples of the justice model

Delinquency As a Worldwide Problem
Summary of United Nations report on delinquency
Youth are disproportionately represented in statistics on crime and violence, both as victims and as offenders
Delinquency is largely a group phenomenon and more likely to occur in urban than rural areas
Most first-time offenders do not reoffend
Diversion and other community-based measures are the best response to young offenders

Who Are Juveniles?
There is no agreement as to what age criminal responsibility begins

Models of Juvenile Justice (1 of 6)
Distinction is often between welfare (paternalistic) and justice (accountability) models
Welfare Model
Emphasis is on juvenile’s general well-being
Diversion from formal action is preferred
Sanctions should be treatment based
Justice Model
Juveniles considered rational and responsible for own actions
Hold them accountable, but follow procedures providing due process
Sanctions should be proportional to seriousness of offense

‹#›

Models of Juvenile Justice (2 of 6)
Consider approaches to juvenile justice as falling along a continuum

Models of Juvenile Justice (3 of 6)
New Zealand
Focus is on juvenile’s “needs” rather than “deeds”
Emphasis on reintegration of the offender into the community by involving offender, victim, and community members
Key aspect is the Family Group Conference, which operates as both an alternative to courts and as a post-charge mechanism to make recommendations for sentencing

Models of Juvenile Justice (4 of 6)
Italy
Legal requirement that prison be avoided to extent possible for those age 14-18
Result is several diversion opportunities
Pretrial options include:
Issue judicial pardon
Dismiss charges as insufficiently serious
Impose a pretrial sanction (e.g., treatments useful to child’s education, home confinement, placement in an educational community
Trial options
Include any penalty applicable to an adult
Penalties designed for minors

Models of Juvenile Justice (5 of 6)
China
No special substantive or procedural law dealing with juveniles
Criminal responsibility set at age 16
Youth 14-16 committing serious crimes are responsible but receive lesser punishment
Three categories of juvenile misbehavior
Juvenile misbehavior
Serious juvenile misbehavior
Juvenile criminal law violations

Models of Juvenile Justice (6 of 6)
England & Wales
Juvenile offenders are responsible persons to be held accountable and deserving of due process and proportional punishment
Age 10 starts criminal responsibility, with 10-17 subject to special procedures and penalties
Several diversion options, including some implemented by police or local authorities
In court, children essentially have same rights as do adult defendants—including right to appeal

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