1. Unit 3: Substantive and Procedural Law in the Four Legal Traditions CJ106 Foundations of International and Comparative Criminal Justice

2. Unit 3 Assignments Read (eBook): Chapter 5 Extra Extra! (readings) Graded Work: -- Discussion Board (25 pts) -- Seminar (15 pts) -- Quiz (30 pts) -- Project (55 pts) 125 Points Total

3. Unit 3 Project Relying heavily on the course material from Units 1 and 2, as well as outside research, create a 6-8 slide PowerPoint presentation (excluding the title and reference slides) that addresses the following: Identify the sources and foundations of international criminal justice – Discuss and explain the four legal traditions that are identifiable today – How are the traditions similar? – How do the traditions differ?

4. Discussion Board The Rule of Threes – (1) Three posts (minimum) – (2) Three different days (minimum) – (3) Three substantive contributions (critical thought)

5. Quizzes Unlimited retakes (within unit) Unlimited time (within unit) Conclusion: go slow, and retake the quiz until you answer every question correctly and collect the full 30 points.

6. Seminar Topics: Tonight Criminal responsibility The adversarial and inquisitorial systems Judicial review

7. Criminal Responsibility Quick review: Substantive law: deals with defining criminal behavior (elements of the murder, robbery, theft, burglary, etc.) The Four Legal Traditions (and source of law) – Common (custom) – Civil (codification/written law) – Socialist (principles of the socialist revolution) – Islamic (divine revelation)

8. Criminal Responsibility What are the four general characteristics of substantive criminal law is substantive criminal law? – Note: the characteristics are not the major principles (mens rea, actus reus, causation, etc.)

9. Criminal Responsiblity Specificity (the information about what behavior is require or prohibited) Punishment (what may happen to people who misbehave) Politicality (the law comes from a legitimate source, e.g., the legislature) Uniformity (the law is applies generally, in an unbiased manner)

10. Criminal Responsibility Does the substantive criminal law of the four legal traditions include these general characteristics?

11. Criminal Responsibility Yes. Only differences are in degree and form. – Example: all four traditions believe criminal misbehavior should have consequences (i.e., punishment) but they differ in the degree of punishment, from apologies to execution.

12. Substantive Law in Common Law Tradition Common law is unwritten law (no single source listing crimes and punishments) Judges identify serious (felony) and minor (misdemeanor) offenses by reference to prior decisions or custom. – Question: If the judges identify what is conduct constitutes a crime, is there specificity? (How do you know that your conduct is criminal?) – Question: do common law jurisdictions still rely on judges to identify crimes?

13. Substantive Law in Civil Law Tradition Laws are written down (codification) Only a legitimate authority (e.g., legislature) can define/create a crime Rationale is that average citizen should be able to easily find, read, and understand the law – Question: today, why are criminal codes in common law jurisdictions often more detailed than the codes in civil law jurisdictions?

14. Substantive Law in Socialist Tradition Roots in civil law (codification) tradition Crime defined as “socially dangerous” conduct Imprecision Codes with greater specificity developed but emphasis remains on criminalizing acts that endanger the State or collective welfare

15. Substantive Law in Islamic Legal Tradition Three Categories of Crime hudud: crimes against God (adultery, false accusation of adultery, using alcohol, theft, highway robbery, apostasy) qisas: crimes against individuals (murder, assault, tazir: inappropriate conduct causing physical, social, political, financial, or moral damage (e.g., obscenity, eating pork, fraud, traffic offenses)

16. Procedural Criminal Law Adversarial Process Inquisitorial Process – Both share the goal of learning the truth. They differ in how they approach that goal.

17. Adversarial Process How is truth determined

18. Adversarial Process Through competition between opposing sides Emphasis is placed on the trial process Guilty is proved – Question: Does the adversarial process resemble the due process or crime control model? -- Question: emphasis on factual guilt or legal guilt?

19. Inquisitorial Process How is truth determined

20. Inquisitorial Process Through a continuing investigation Emphasis placed on the screening process – Question: Does the inquisitorial process resemble the due process or crime control model?

21. Adversarial Process Where does the power lie?

22. Adversarial Process Power shared by prosecutor, defense, judge, and jury. Judge remains impartial and exerts influence only indirectly in the role of a referee.

23. Inquisitorial Process Where does the power lie?

24. Inquisitorial Process Power is concentrated more in the judge Judge exerts influences directly in the role of investigator.

25. Adversarial & Inquisitorial Which process is associated with legal guilt? Which process is associated with factual guilt?

26. Adversarial & Inquisitorial Under which process do the four legal traditions fit?

27. Adversarial & Inquisitorial In your opinion, which process is more likely to result in a conviction for a criminal defendant? Why? Which system is more efficient? Why? Does the American adversarial system incorporate any features of the inquisitorial process?

28. Judicial Review The Three Steps to a Rule of Law – Recognize supremacy of certain values – Reduce the values to writing – Provide a way to hold the government to those law Judicial review is the way to hold government to the law

29. Judicial Review Diffuse Model – Identify and define Concentrated Model – Identify and define Mixed Model – Identify and define

30. Judicial Review How does the diffuse model lessen the chance for inconsistency in decisions? How does the concentrated model minimize inconsistencies in decision?