Comparative criminal justice

Comparative criminal justice is a subfield of the study of Criminal Justice that

compares justice systems worldwide. Such study can take a descriptive, historical, or
political approach.[1] It studies the similarities and differences in structure, goals,
punishment and emphasis on rights as well as the history and political stature of
different systems.It is common to broadly categorize the functions of a criminal justice
system into policing, adjudication (i.e.: courts), and corrections, although other
categorization schemes exist. Comparativists study the four different types of societies,
their methods of enforcement and their different types of punishment such as capital
punishment, and imprisonment. Within these societies they study different types of legal
tradition and analyze the issues they solve and create. They use their information in
order to learn effective ways of enforcing laws, and to identify and solve problems that
may arise within a system due to its methods.
Comparativists in criminal justice study four different kinds of societies: Folkcommunal, Urban-commercial, Urban-industrial, and bureaucratic.[2] Folk-communal
societies are often seen as primitive and barbaric, they have little specialization among
law enforcers, and let many problems go unpunished to avoid over-criminalization
however, once tempers boil over and the situation becomes a larger issue, harsh and
unusual punishment may be administered. Examples are African or Middle Eastern
Tribes, or early puritan settlements of America. Urban-commercial societies have few
written laws and some specialized enforcement for religious or kings law enforcement.
Punishments are inconsistent and usually harsh. Urban-industrial societies enforce laws
that prescribe good behavior and give incentives and disincentives for behavior and
police are specialized in property crimes such as theft. Finally, bureaucratic societies are
todays modern society. They feature fully developed laws, lawyers, and police forces
trained for multiple types of crime. Different side effects of these societies include
over-criminalization, overcrowding, and even juvenile delinquency due to the extended
age of adolescence these societies bring on.[2]

Legal Traditions
Legal traditions play an important role in the development of international law and
justice. Comparativists for criminal justice study these traditions with the intent of
finding a way to combine the views of different traditions towards a single view that
allows for the successful development of international law.[3] Many comparativists
believe that the more states with similar legal views the more likely it is to be able to
create international laws that please all. Reichel (2005) identifies four major legal
traditions that each have their own respective body of laws:

Common law is found particularly in countries that are current or former

members of the British Empire.

Civil law countries include most of continental Europe and various states in
South America and Africa.

Socialist law is essentially civil law with major modifications from MarxistLeninist ideology. It is currently only used in China and a few other
contemporary Communist states, but has had enormous influence on Russia and
the former USSR.

Islamic law is religiously-inspired law used in Muslim countries.

Punishment
People who study comparative criminal justice study different forms and use of
punishment across societies, including capital punishment. Fifty-nine countries retain
the death penalty as reported in 2007.[4] Comparativists study the different ways in
which execution is carried out across the world including hanging, shooting, beheading,
injection, electrocution, and even stoning.[4] Comparativists find that in many developing
countries such as Iran, Indonesia, Belarus, and many others, that violent methods of
execution such as hanging beheading, shooting, and stoning are much more common
ways of carrying out the death penalty, and in many cases the only ways. However in
western culture as well as developed countries such as the United States less brutal
execution such as lethal injection is utilized.[4] Even prison sentences can come harshly.
In many countries such as Burma a person can be sentenced to prison for merely
disagreeing with the government.[5] Presumably ridiculous sentences such as multiple
life sentences or sentences of hundreds, even thousands of years are meant to prohibit
the chance of parole in the future.[5] Although it may seem preposterous, western
cultures carry out the same type of sentencing. Even though similar sentences are used
across the globe leniency is varied widely between societies. Many governments such as
the one mentioned above in Burma provide swift and heavy punishment to assert their
roles of power.[5]