DAO-IG MICAH S.

BSCRIM
WEEK 15 COMPARATIVE MODELS IN POLICING

REQUIREMENTS;
1.Distinguish western from non-western justice system ?
Western system are variations in the conceptions and goals of criminal justice , but they largely
represent variation on a similar theme, especially when compared with other criminal justice in
non-western setting .For example , the root of the united states system in Anglo-saxon legal
culture and explored the differences that have come to exist between contemporary system that
evolved in that tradition , such as in Canada and England . Unlike the American system,
stresses the right to a fair trail over the right of a free press, manifested in the judges right to
ban the public and the press from the courtroom if it is deemed to be in the best interest of
public morality or necessary to maintain order while Non-Western system the British and Dutch
systems of criminal justice have also converged in as much as the criminal justice procedures in
the two countries are being harmonized as part of a broader plan of so called Europeanization.
Harmonization of criminal justice in the countries of the European Union The authors note that
transnational efforts such as reform practices based on an international human right discourse
have facilitated this assimilation trends, even though the legal system of these nations are
based on distinct ideologies.
2. Define the following .
A. Common-Law System
Is a body of unwritten laws based on legal precedents established by the court. common law
influences the decision making process in unusual cases where the outcome cannot be
determined based on existing statutes or written rules of law. The U.S common law system
evolved from a British tradition that spread to North America during the 17th and 18th century
colonial period. This system promotes stability and consistency. However lower courts can
choose to modify or deviate from precedents if they are outdated or if the current case is
substantially different from the precedent case. Lower court can also choose to overturn the
precedent , but this rarely occurs.
B. Civil law system
Civil law system , also called continental or Romano-Germanic legal system, are found on all
continents and cover about 60 % of the world. They are based on concepts , categories and
ruled derived from Roman law. The civil law tradition , though secularized over the centuries
and placing more focus on individual freedom , promotes cooperation between human being.
Civil law is a comprehensive system of rules and principles usually arranged in codes and easily
accessible to citizens and jurists. A well organized system that Favors cooperation , order and
predictability, based on a logical and dynamic taxonomy development from roman law and
reflected in the structure of the codes. An adaptable system with civil codes avoiding clauses
that permit adaptation to change .a primarily legislative system ,yet leaving room for the
judiciary to adjust rules to social change and new needs by way of interpretation and creative
jurisprudence.
C. Socialist System
Reflect a Marxist -Leninist ideology that views criminal justice system as a means of training a
nations people to fulfill the responsibilities the state has proclaimed to be ideal.
Socialist law or Soviet law denotes a general type of legal system which has been used in
socialist and formerly socialist states. It is based on the civil law system with major modifications
and additions from Marxist-Leninist ideology . there is controversy as to whether socialist law
ever constituted a separate legal system or not .prior to the end of the cold war socialist law
would be ranked among the major legal systems of the world.
D. Concept of dangerousness
It is the Chinese system those perceived as dangerous to society receive harsher
punishment , especially when they engage in so called counterrevolutionary political actions or
have knowledge of the state secrets. Other socialist countries have similarly been found to
apply harsh forms of punishment that exist in democratic nations.
3. Distinguish Adversarial from Inquisitorial system.
The Adversarial is where the accused is innocent until proven guilty. While inquisitorial system
is when the accused is guilty until proven innocent or mitigated.
In an adversarial system all parties determine what witness they call and the native of the
evidence they give. The court overseeing the process by which evidence is given and in an
inquisitorial system , the conduct of the trial is in the hands of the court .while the inquisitorial
process grants more power to the judge who oversees the process, where as the judge is the
adversarial system serves more as an arbiter between claims of the prosecution and degree.
In inquisitorial the process to the accused penalty can be described as an official inquiry to
ascertain the truth , where as the adversarial system uses a competitive process between
prosecution and defense to determine the facts