Saturday, July 27, 2019

Comparative criminal justice Assignment Example | Topics and Well Written Essays - 500 words - 2

Comparative criminal justice - Assignment Example The rulings of the lower courts can be appealed in the highest court –the Federal Court of Justice. The judges of local courts are tasked with hearing of prosecutions that lead to a sentence of not more than one year, whereas cases deemed to be more serious or leading to a sentence of up to three years, the local court judges are assisted by two lay judges who are equivalent of a jury in the common law system. Criminal cases which have sentences of more than three years are heard in a Land Court and presided over by three judges assisted by six lay judges. Cases such as genocide or treason, and appeals from lower courts are heard in a Land court of appeal, and are presided by a five judge bench. Japan’s criminal justice system, the penal code is based on the German model and are, therefore, very similar. The criminal procedure code guarantees the right of the accused and seems to be more accusatorial despite the fact that the judge is still allowed to question witnesses, and decide cases based on the evidence presented by both plaintiff and defendant. On the other hand, Saudis criminal justice system is based on the sharia, specifically the Hanbali school of Sunni Islam (Fairchild and Dammer 65). This system gave prominence to the beliefs and sayings of Muhammad, the prophet and Islam traditions. Crimes such as homicide, adultery, theft, personal injury, and so on, are defined carefully with penalties prescribed for each. As opposed to the German model or the common law, crimes such as homicide are considered crimes against a person not society, and as such the state administers justice on its own liking. In fact, victim’s family or the victim has the right to prescribe punishment or grant clemency. As opposed to German and Japanese criminal justice system, the Saudi criminal justice systems are based on concepts that are

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