Comparative Criminal Justice System Analysis

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Introduction Comparative Criminal Justice is an orderly strategy that looks at qualities and shortcomings of various ways to deal with criminal justice on a worldwide level. It is distinguished from comparative criminology, which concentrates on crime patterns in at least two societies and on testing, at the global level, philosophies about crime. It is considered comparative criminal justice systems research when two or more nations or lawful frameworks are compared and contrasted. When comparing these criminal justice systems we begin with the investigation of the four major legal traditions which include; common law, civil law, socialist law, and sacred law. The examination of criminal justice framework within a nation requires analysis …show more content…

The Republic of Poland is a member state of the European Union. Poland is much less established than most Western European countries. The nation is considered to be a developed country, but at the very minimal level a nation can be to be considered “developed.” According to the governmental restructuring of 1998, the country is divided into 16 provinces. These provinces are divided into “poviats”, and then further separated into the principle administrative units “gminas”. The Polish legal system was formed based on the civil law family, which is a code-based/written law. “Poland has a mixture of Continental (Napoleonic) civil law and holdover Communist legal theory (Winslow [APA], n.d.).” Alterations to the legal system are being progressively introduced as part of broader democratization …show more content…

Both constitutions were cutting edge and liberal. They epitomized individual freedom, the Montesquieu separation of powers and claimed the people as the sovereign. As mentioned previously, the Polish legal system resembles German-Roman traditions of civil law. On the contrary, the US Constitution is based on the traditional common law family. Under common law, the judges, courts and similar tribunals make the case law (The Robbins Collection [APA], n.d.). As for the comparison of the two Constitutions, in the past 200 years Poland has adopted six more constitutions, while nothing has changed from the core principles of the US legal system. They also differentiate in the trial of criminal cases. Unlike the Polish courts that are adjudicated by the judge and two magistrates, the United States courts are judged by a trial of peers and overseen by a

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