An Introduction to Comparative Legal Models of Criminal by Cliff Roberson

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By Cliff Roberson

Whereas in Plato's time there could have been a few fact to his trust that there can purely be one unmarried justice, and one unmarried legislations, such isn't the case this present day. felony justice platforms range greatly the world over of their ways to the matter of crime. This ebook provides the subject matter country's criminal version to an exceptional volume determines the nature of its police and corrections in addition to its felony procedure. It Read more...

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reading forms of legal justice platforms and the criminal types that form them, this paintings makes use of examples to focus on 5 simple criminal starting place types: continental, universal legislation, Islamic, Read more...

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Sample text

And British court systems. In chapter 3, we will explore the differences between police systems and corrections in the two countries and conclude with a discussion of other common law countries. In later chapters, the common law model will be compared with the other four legal models. For centuries, the common law of England consisted of a system of legal remedies. Each remedy had its own procedure. Common law prefers precedent as the basis for judgments. Thus, it is built empirically, or established from a case-to-case approach.

Accordingly, most of the new states enacted new statutes defining criminal acts and establishing criminal procedures. The statutes, however, basically enacted into statutory law what was formerly English common law. Today the criminal law of the individual states is a written set of regulations that is largely the result of legislative action. ” Criminal laws vary somewhat among the states. In some states there is no reliance upon the common law to determine what is right and wrong. The statutes spell out specifically each act that is made a crime and the punishment that may be inflicted for the commission of such an act.

The purpose of the trial is to identify the wrongdoer. The state acts as a third party to ensure that justice is done. The administration of penalties segment is similar to the common law punishment hearing. The primary objective of Islamic law is to prevent evil. The law has two main tenets, equality and good faith. According to Opolot (1980, p. 82), Islamic law is the most victim-centered system in criminal justice history. Its criminal justice system focuses on both the victim and the offender, not only during the trial but also after conviction.

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