I. Ch.

4 Six Model Nations

A. England (Consitutional)
1. Overview
a) The backbone of Common Law
b) Capitalist economy w/ various forms of Socialism
c) Unitary Government - a Governmental organization in which power is
centralized
d) Parliament - supreme decision-making body in England ; a Governmental
structure in England consisting of the Monarch, the House of Lords, and the
House of Commons
(1) Monarch - A person who was the sole and absolute ruler of a
country such as a king, queen, or emperor
(a) Serves as an emotional rather than executive function
(2) House of Lords - 775 unfixed members review legislation of HoC
(3) House of Commons - 650 fixed members who discuss and vote on
legislation
(a) Prime Minister - head of the political party that possesses
the majority of the seats in the House of Commons
2. Historical Development
a) Documents
(1) 1215 - Magna Carta (forced king to recognize rights of nobles)
(2) 1628 - Petition of Rights
(3) 1701 - Act of Settlement
(4) 2005 - Constitutional Reform Act
b) Colonialism
(1) Legal pluralism - The mixing of more than one system of law
within a country or region of a country
c) England does not have a written constitution that can be read, cited or
interpreted
(1) Uses charters, organic laws, constitutional traditions, and legal
traditions (i.e. Common Law)
(2) Organic Law - Term for those laws of English Parliament that
describe the machinery of government and govern the electoral
process
(a) Ie. Human Rights Act (1998) incorporated conventions of
European Humans into English laws
3. Crime
a) Crime Data
(1) Police Data - collected by local police agencies
(2) British Crime Survey (BCS) - more credible; call and interview
people
b) Crime Issues
(1) Drug trafficking, money laundering, terrorism
 4. Criminal Law
a) Use common law legal tradition and statutes
(1) Arrestable or unarrestable offenses
(a) Arrestable - murder, manslaughter, rape, burglary, and
assault w/ attempt to rob
5. Criminal Justice System
a) Local counties and towns to administer and supervise own affairs
b) Table
(1) Legal System - Common Law (unitary constitutional monarchy)
(2) Criminal Date Sources - British Crime Statistics (victim) + Police
data
(3) Responsibility for CJ Administration
(a) Police: Home Secretary
(b) Corrections: Home Secretary
(c) Courts: Lord Chancellor
(i) Appointed by Prime Minister, Appoints judges and
supervises courts, Keeping order is shared
responsibility between national and local gov.
(4) Crime Issues - Illicit Drugs and Trafficking, money laundering
6. Compare w/ US
a) Both Common Law
b) Parliament and Congress reform criminal law to “get tough on crimes”
B. France (Civil Law; Unitary Republic)
1. Overview
a) 22 Administrative regions; 96 provinces
b) They have a written constitution
c) Unitary state
d) Republican Government - A form of government in which a president is
head of the government but the main power remains in the hands of citizens
who vote for representatives, who are then responsible to the electorate
e) Two house legislature: National Assembly (lower chamber) and Senate
(upper chamber)
f ) No supreme court - Constitutional Council that gives advisory opinions
about legislation that has passed but has yet to go into effect
2. Historical Development
a) Declaration of the Rights of Man and of the Citizen (1789)
(1) A defining moment in the revolutionary period
(2) Asserted right to resist oppression, rights of liberty and equality,
separation of powers
3. Crime
a) Directory of Justice Statistics (Annuaire Statistique de la justice) - crime
reported to the police
(1) Use of victimization surveys
 b) French National Monitoring Centre on Crime
c) Crime issues: drugs, immigration, terrorism, human trafficking
4. Criminal Law
a) Declaration of the Rights of Man and of the Citizen (1789)
b) Penal Codes - distinguish crimes based on the severity
c) Criminal Law divided into 5 Books
(1) General Provisions
(2) Describes crime against persons
(3) Crime against property
(4) Crimes against nation, gov., and public order
(5) Any other crime
5. Criminal Justice System
a) Courts
(1) Constitutional Courts
(a) Reviews legislation proposed by the legislature, prime
minister, or president, and determines whether it comports
with the constitution
(2) Council of State
(a) Supreme administrative court
(b) Advocate of citizen’s right
(3) Courts (w/ highest Supreme Court of Appeals)
b) Police
(1) Police Nationale
(2) Gendarmerie
c) Table
(1) Legal System - civil law (unitary)
(2) Criminal Date Sources - Annuaire Statistique de la justice, victim
surveys
(3) Responsibility for CJ Administration
(a) Police: Minister of the Interior and Minister of Defense
(b) Corrections: Minister of Justice
(c) Courts: Minister of Justice
(4) Crime Issues - illict drugs and trafficking; civil unrest; terrorism
6. Compare w/ US
a) Both developed after a revolution
b) Both republic with written constitutions
c) Tough on crime
C. Germany
1. Overview
a) Lander - Term for states in Germany
b) Federal Republic: power distributed between fed gov. and states
c) Gov: Exec., Legislative, and Judicial branches
(1) Presidency ceremonial - power w/ chancellor
d) Bicameral legislature
 (1) Bundestag - Lower house; principle chamber
(2) Bundesrat - upper house; federal council
e) Bundesverfassungsgericht - federal constitutional court
2. Historical Development
a) Since reunification, the nation has operated under the constitution of former
West Germany - Basic Law (1949)
b) Basic Law
(1) Describes the composition and functions of the various organs of
government, including a system of check and balances, the
distribution of power b/w federal government + Lander, the
administration of the federal law, government finances, and
government administration in emergency conditions
3. Crime
a) Criminal Fed police (bundeskriminalamt) collect crime statistics (polizeiliche
kriminalstatistik)
b) Crime issues: drugs, immigration, ethnic violence
c) Violent crime has risen
4. Criminal Law
a) Combination of statues (gestz), ordinances and administrative rules
(rechtsverordnung), and customs (Gewohnheitsrecht)
(1) Statues
(a) Federal Statues
(b) Lander Statutes
(2) Ordinances - issued by federal government, federal ministers, or state
governments
(3) Customs - informal
b) Code distinguishes b/w felonies and misdemeanors
5. Criminal Justice System
a) Federal government - allows Lander to handle own affairs
b) Civil Law w/ Common Law influences
(1) German Federal Constitutional Court ensures checks and balances
b/w federal and lander as well as interpret law
(2) Still considered civil law
c) Table
(1) Legal System - civil law (federal republic)
(2) Criminal Date Sources - criminal federal police
(3) Responsibility for CJ Administration
(a) Police, courts, and corrections: Lander
(4) Crime Issues - illict drugs and trafficking, hate crimes
6. Compare w/ US
a) Federal republic w/ check and balance b/w federal and state
D. China
1. Overview
 a) Most populous nation
b) Unitary, multinational, socialist country
c) National People’s Congress (NPC) - Theoretically, the highest organ of
power in China; meets annually to review and approve major new policy
directions, laws, the budget, and major personnel changes
d) Chinese Communist Party (CCP) - all levels of gov’t are subordinate to party;
real role of gov’t is to implement party policy
e) Reforms focus on economic policy
2. Historical Development
a) Confucian Thought - The belief that social order can be achieved through
moral and political reform, because man is good by nature or capable of
goodness; the idea of group consciousness or collectivity is the main force
behind motivating people to avoid illegal or immoral activity
b) Taoism - forces in nature are connected; become one w/ nature
c) Chiese culture rejected legalism in favor of Taoism and Confucianism
d) Cultural Revolution - Reform in China under Chairman Mao from 1966
to 1976 with the goal of moving Chinese society from socialism to a pure
form of communism
e) Deng Xiaoing - codify laws
3. Crime
a) Reporting: China Statistical Yearbook and The China Law Yearbook,
victimization, and self-report
b) Crackdown on crime “Strike Hard”
c) Crime issues: illicit drugs, corruption/economic crimes, human trafficking,
civil unrest
4. Criminal Law
a) 1980 Criminal has Two Sections:
(1) General- basic principles of application of law
(2) Special- chapters addressing 8 classes of offenses
b) Revision in 1997
(1) Law still neglects to include provisions for some basic human rights
(2) Communist Party remains the major-decision making body
5. Criminal Justice System
a) Police (ministry of public security)
b) Procuratorate
(1) Responsible for supervising CJ system throughout the country
including investigating and prosecuting crimes and overseeing the
courts, police, and correctional facilities
c) Corrections (ministry of Justice)
(1) Peoples courts and Special People's courts
(2) Supreme People's Court (highest court)
d) Use informal systems to act as social control agents
e) Table
 (1) Legal System - Socialist and Civil Law (unitary)
(2) Criminal Date Sources - China Statistical Yearbook; China Law
Yearbook; victim surveys; self-reports
(3) Responsibility for CJ Administration
(a) Police - Minister of Public Safety
(b) Corrections - Ministry of Justice
(c) Courts - Minister of Justice
(4) Crime Issues
(a) Illicit Drugs, corruption and fraud; human trafficking; civil
unrest
6. Compare w/ US
a) Unitary socialist government v federalist democratic government
b) Both checks and balances
c) Both get tough
E. Japan
1. Overview
a) Shogun - Military leader who exercised absolute rule in Japan during the
years of isolation from other cultures, from 1603 to 1867
b) Prefecture - Administrative division in China and Japan; 47 admin divisions
in Japan
c) 99% of population are native
d) American influence due to WWII:
(1) 3 branches of GOV
(a) Legislative Gov: bicameral
(b) Executive Branch: Prime Minister, a cabinet, and a
hereditary emperor
(c) Judicial Branch: Headed by Supreme Court. Constitutional
monarchy
2. Historical Development
a) Shogun
b) The period during which Japan was opened to Western ideas and trade was
called the Meiji Restoration
c) Showa Constitution took effect in May 1947 - a parliamentary system similar
to Great Britain, bill of rights, Supreme Court w/ judicial review
3. Crime
a) Crime statistics in Japan are compiled by individualized criminal justice
agencies and then summarized by the Ministry of Justice White Paper on
Crime
b) Crime rates very low
c) Crime issues: youth crime, organized crime, theft
d) Boryokudan - Used to describe organized crime groups in Japan
4. Criminal Law
a) Penal Code- 3 categories: crimes against the state, individuals, and society.
 (1) Penal code
(2) Code of criminal procedure
(3) Prison law
b) Code of criminal procedure
c) Prison law
5. Criminal Justice System
a) Highly structured legal code
b) Hybrid
c) Corrections (ministry of justice)
d) Police (National Police Safety Commission and National Police agency)
(1) NPA runs throu Prefectural Police (PP) - midlevel police agency in
Japan organized under the Regional Police bureaus, with local police
stations under them, specialized Riot police forces living in barracks,
and a national police academy
e) Courts (Hierarchical in nature; they have a supreme court)
f ) Emphasize use of mediation, compromise, and consensus in resolving
disputes
g) Table
(1) Legal System - Hybrid; mostly civil law (unitary)
(2) Criminal Date Sources - Ministry of Justice in White Paper on Crime
(3) Responsibility for CJ Administration
(a) Police - National Police Safety Commission and National
Policy Agency
(b) Corrections & Courts - Federal court structure
(4) Crime Issues - Youth crime, organized crime, theft
6. Compare w/ US
a) Unique constitutional monarchary w/ emperor that has ceremonial power
b) Utilizes common law and civil law
F. Saudi Arabia
1. Overview
a) Economy based on Oil
b) Welfare State - The government plays a key role in the protection and
promotion of the economic and social well-being of its citizens
c) The King is the chief of state and head of government
(1) Rules with the help of 25 council members chosen by him
d) 13 provinces make up the country’s administrative divisions
e) Non- constitutional Monarchy (Qur'an is their form of constitution)
f ) Not a democracy- no system of election
2. Historical Development
a) Dates back to 1926
b) 1993 The Basic Law of Government (nizam)
(1) Articulates the government’s rights and responsibilities
3. Crime
a) Crime is underreported
 b) Handled by police and courts
c) Crime issues: terrorism and human trafficking
4. Criminal Law
a) No penal code or criminal procedure
5. Criminal Justice System
a) Basis for all CJ functions is laid out in the Shari'a as Islamic Law
b) System is administered through religious courts whose judges are appointed
by the King
c) Police (highly centralized)
d) Table
(1) Legal System - Islamic law (non-constitutional monarchy)
(2) Criminal Date Sources - Ministry of Justice
(3) Responsibility for CJ Administration
(a) Police - Ministry of Justice and Director of Public Safety
(b) Corrections - Bureau of Prisons
(c) Courts - Minister of Justice
(4) Crime Issues - Unknown
6. Compare w/ US
a) Emphasis on sacred law judge tradition
b) King is the highest court of appeal for the land
c) Saudi Arabia is highly centralized and under the complete control of the
minister of the interior
d) Formally publishes few legal laws beyond sharia law
G. Vocab
1. Boryokudan - Used to describe organized crime groups in Japan
2. Confucian Thought - The belief that social order can be achieved through moral
and political reform, because man is good by nature or capable of goodness; the idea of
group consciousness or collectivity is the main force behind motivating people to
avoid illegal or immoral activity
3. Cultural Revolution - Reform in China under Chairman Mao from 1966 to 1976
with the goal of moving Chinese society from socialism to a pure form of communism
4. Federalism - Form of government that allows for the power and responsibility to be
divided between the national government and the state government
5. Lander - Term for states in Germany
6. Legal pluralism - The mixing of more than one system of law within a country or
region of a country
7. Monarch - A person who was the sole and absolute ruler of a country such as a king,
queen, or emperor
8. National People’s Congress (NPC) - Theoretically, the highest organ of power in
China; meets annually to review and approve major new policy directions, laws, the
budget, and major personnel changes
9. Organic Law - Term for those laws of English Parliament that describe the machinery
of government and govern the electoral process
 10. Parliament - Governmental structure in England consisting of the Monarch, the
House of Lords, and the House of Commons
11. Prefect - each province administered a prefect to enforce laws of the nation
12. Prefectural Police (PP) - midlevel police agency in Japan organized under the
Regional Police bureaus, with local police stations under them, specialized Riot police
forces living in barracks, and a national police academy
13. Prefecture - Administrative division in China and Japan; 47 admin divisions in Japan
14. Republican Government - A form of government in which a president is head of the
government but the main power remains in the hands of citizens who vote for
representatives, who are then responsible to the electorate
15. Shogun - a Military leader who exercised absolute rule in Japan during the years of
isolation from other cultures, from 1603 to 1867
16. Unitary Government - a Governmental organization in which power is centralized
17. Welfare State - The government plays a key role in the protection and promotion of
the economic and social well-being of its citizens
II. Ch. 5 Law Enforcement
A. Policing in a Democracy
1. 4 key elements that must be present to promote the democratization of the police.
a) police must be willing & able to serve individual citizens and private groups
b) police must be accountable to the law
c) police must practice a level of professionalism including human rights
d) police should be transparent in all their activities
2. In nondemocratic societies, police are expected to be chiefly responsive to the ruling
elite
3. 3 generalizations of modern policing
a) police agencies are formed and operate in cultural, historical, and economic
factors
b) police are organized in 3 ways
(1) Centralized - national police force is centrally commanded,
controlled and has unlimited jurisdiction
(2) Semic-centralized - places tasks of policing in the hands of states or
provinces with oversight by central govt
(3) decentralized - places tasks of policing in the hands of states or
provinces with oversight by central govt
c) police perform two major tasks in modern societies
(1) Deviance control and civil order control
4. 5 models of policing
a) Democratic Anglo-Peelian - police are citizen-focused, service and welfare of
the community are as important as crime control and prevention
b) Democratic continental - police are concerned with a legalistic approach that
is government and law-based
c) Developing countries - police have few financial resources, are paid poorly,
 and corruption-prone
d) Authoritarian - police are largely governmental and military force
e) Asian - police place less emphasis on individual rights and more on cultural
norms
B. Functions of Police
1. deviance control and civil order control are necessary to make sure people feel secure
2. Deviance Control - Refers to the police mission and tasks that enforce community
values and laws
a) police personal must protect citizens against lawbreakers discourage alarming
or threatening behavior make sure people can exercise their rights
3. Civil order control function - Refers to the duty of the police to respond to,
supervise, or control two or more citizens in any situation that may disrupt the peace
and tranquility of society
a) is a strong political component where actions that disturb civil order may be
extremely threating to government
C. Policing in Model Countries
1. England
a) Sir Robert Peel (1829)
(1) Prime minister of England
(2) Policing by consent (democratic policing)
b) English police developed civilians in uniform who are friendly, helpful, and
capable
c) provincial police (territorial police force) funded by local districts and regions
and central govt
(1) BCU - basic command units
d) police forces in england
(1) provincial police
(2) British transport police
(3) Metropolitan police force (Greater London)
(a) Scotland Yard
(4) London city police
e) Two kinds of law enforcement that assist regular police in london
(1) Metropolitan Special Constabulary (MSC)
(2) police community support officers (PCSO)
f ) police community support officers are not as well trained, receive lower pay,
have less equipment, have less legal power than regular officers
g)
2. France
3. Germany
4. China
5. Japan
6. Saudi Arabia
D. Key Operational Issues for Police around the Globe
E. International Police Cooperation

F. Five Police Models

1. Democratic Anglo-Peelian
a) Police are citizen-focused, and service and welfare of the community are as
important as crime control and prevention
2. Democratic Continental
a)
3. Developing Countries
4. Authoritarian
5. Asian
G. Democratic Policing: Robert Peel
1. Democratic Policing
a) Getting the consent of the people that you police
H. Functions of the Police
1. Deviance Control
a) Refers to the police mission and tasks that enforce community values and
laws
2. Civil order control
a) Refers to the duty of the police to respond to, supervise, or control two or
more citizens in any situation that may disrupt the peace and tranquility
I. Key Operational Issues for Police Around the Globe
1. Community Policing
a) 1990s (Precursors in the 1970s)
(1) Community Based Crime Prevention
(2)
2. Diversity
3. Privatization
4. Police Corruption
J. Vocab
1. Chuzaisho - Local police post in villages and rural areas of Japan
2. Civil order control function - Refers to the duty of the police to respond to,
supervise, or control two or more citizens in any situation that may disrupt the peace
and tranquility of society
3. Community Policing - Umbrella term describing programs that serve as a
 collaborative effort between police and public to identify the problems of crime and
then involve the public and finding Solutions
4. Deviance Control - Refers to the police mission and tasks that enforce community
values and laws
5. Gendarmerie Nationale (GN) - French police organization operating within the
Ministry of Defence that is responsible for rural areas and communities in France of
populations of less than 10,000 people
6. Kidotai - Civil order police officers in Japan who live in barracks, receive training in
crowd control, and use military formations during civil order crises
7. Koban - A local police post in urban areas of Japan
8. Mubahith - The secret police or special investigative police officers of the General
Directorate of Investigation in Saudi Arabia who conduct criminal investigations who
handle matters pertaining to domestic security and counterintelligence
9. Mutawa - The moral forces, or religious police, that ensures that Saudi Arabian
citizen slip out to the rules of behavior derived from the Quran
10. National Police Agency (NPA) - The central police organization in Japan,
supervised by the National Public Safety Commission, with eight regional police
bureaus and a number of special divisions to handle training, research, crime
prevention, Public Safety functions related to the environment and transportation,
and matters of national security and multiple jurisdictions
11. Peace operations - Term used to describe the range of military, police, and civilian
interventions that seek to restore order and create a sustainable society after a period of
war
12. Police Corruption - When the police, and exercising or failing to exercise their
authority, with the primary intention of furthering private or departmental/divisional
advantage
13. Police Nationale (NP) - The French police organization within the Ministry of
Interior responsible for Paris and other urban areas
14. Prefectural Police (PP) - midlevel police agency in Japan organized under the
Regional Police bureaus, with local police stations under them, specialized Riot police
forces living in barracks, and a national police academy
15. UNPOL - The international civilian police program, formed by the United Nations
in 1960 to assist in international peacekeeping operations