Unit 6 Legal Systems and Judicial Review. CJ 343 Comparative Criminal Justice Systems Substantive Criminal Law has four key components. Specificity Penal.

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Presentation transcript:

Unit 6 Legal Systems and Judicial Review

CJ 343 Comparative Criminal Justice Systems Substantive Criminal Law has four key components. Specificity Penal Sanction Politicality Uniformity

CJ 343 Comparative Criminal Justice Systems Substantive common Law – “Western Model” Morals Judges could do what they wanted with few parameters.

CJ 343 Comparative Criminal Justice Systems Substantive Civil Law - German and French system as models.

RCW 9a Theft in the first degree — Other than firearm or motor vehicle. (1) A person is guilty of theft in the first degree if he or she commits theft of: (a) Property or services which exceed(s) five thousand dollars in value other than a firearm as defined in RCW ; (b) Property of any value, other than a firearm as defined in RCW or a motor vehicle, taken from the person of another; or (c) A search and rescue dog, as defined in RCW , while the search and rescue dog is on duty. (2) Theft in the first degree is a class B felony

Substantive law in the socialist legal tradition - Has codification, but most would agree is unclear and lacks direction.. Take a look at page 157 first paragraph describing the Article 6 of the Russian Republic code “Socially dangerous act…”

The last of the four substantive legal traditions is the Islamic legal system. Maybe one of the more complex Has three general categories The first is the hudud and is the most serious -

The second is the Qisas is considered as serious, but usually crimes against persons. Victim compensation and recourse -

The last is Tazir The other category – mixed

The differences in the systems can be a bit clearer when we look at the system itself Adversarial - Inquisitorial -

Questions?