NCJ Number
86129
Editor(s)
G F Cole,
S J Frankowski,
M G Gertz
Date Published
1981
Length
228 pages
Annotation
This volume compares the criminal justice systems of various countries: the United States, England, and Canada (common law systems), West Germany, Sweden, and Japan (civil law systems), and the USSR, East Germany, and Poland (socialist law systems).
Abstract
Common law is referred to as 'judge-made law,' because it developed out of decisions made in individual cases which then became precedents for future disputes. For common law jurists, matters related to the administration of justice, evidence, procedure, and the execution of penal decisions are more important than the articulation of substantive rules. The American criminal justice system serves as the basis for comparison with the other countries discussed. The English and Canadian systems are most nearly similar to that of the United States; however, England is a unitary political system while the United States and Canada are federations. In civil law systems, court decisions are not sources of law but are used only in interpreting the legal text. Sweden and West Germany are representative of such systems found throughout Western Europe. Japan has a mixture of civil law with regard to substantive criminal law and common law for criminal procedure. Under socialism, criminal law is considered an auxiliary means for protecting the legal order from criminal abuse. Judicial decisions do not serve as precedents and must be pronounced in strict conformity with legislation in force. The European socialist systems of the Union of Soviet Socialist Republics, the Polish People's Republic, and the German Democratic Republic exhibit a diversity that may be explained as a result of differing national characteristics. A bibliography of works in English includes about 150 listings. For individual entries, see NCJ-86130-38.