Unit 6 Legal

Systems and

Judicial Review

CJ 343 Comparative Criminal Justice Systems

Substantive Criminal Law has four key components.

SpecificityPenal SanctionPoliticalityUniformity

CJ 343 Comparative Criminal Justice Systems

Substantive common Law –

“Western Model”Morals Judges could do

what they wanted with few parameters.

CJ 343 Comparative Criminal Justice Systems

Substantive Civil Law -

German and French system as models.

RCW 9a.56.030Theft in the first degree — Other than firearm or motor vehicle.(1) A person is guilty of theft in the first degree if he or she commits theft of:

     (a) Property or services which exceed(s) five thousand dollars in value other than a firearm as defined in RCW 9.41.010;

     (b) Property of any value, other than a firearm as defined in RCW 9.41.010 or a motor vehicle, taken from the person of another; or

     (c) A search and rescue dog, as defined in RCW 9.91.175, while the search and rescue dog is on duty.

     (2) Theft in the first degree is a class B felony.

Substantive law in the socialist legal tradition -Has codification, but most would agree is unclear and lacks direction..

Take a look at page 157 first paragraph describing the Article 6 of the Russian Republic code “Socially dangerous act…”

The last of the four substantive legal traditions is the Islamic legal system.

Maybe one of the more complexHas three general categories

The first is the hudud and is the most serious -

The second is the Qisas is considered as serious, but usually crimes against persons.

Victim compensation and recourse -

The last is Tazir

The other category – mixed

The differences in the systems can be a bit clearer when we look at the system itself

Adversarial -

Inquisitorial -

Questions?