CJE 3174 COMPARATIVE CRIMINAL JUSTICE
SPRING 2014
COURSE TAUGHT COMPLETELY ONLINE
JOHN SMYKLA, PHD
DISTINGUSIHED UNIVERSITY PROFESSOR
PHONE: 205-862-4024
PLEASE DO NOT CALL MY OFFICE PHONE AND LEAVE A MESSAGE. ONLY CALL
ME ON MY CELL. I AM NOT ON CAMPUS.
E-MAIL: [email protected]
PLEASE ALLOW 24 HOURS FOR RESPONSE
OFFICE HOURS: NO TRADITIONAL OFFICE HOURS; CALL AND/OR EMAIL ME
COURSE DESCRIPTION:
The evolution and operation of criminal justice systems in other nations and
cultures (specifically for Spring 2014 the focus is on China, Germany, countries
under Islamic Law, and the Netherlands), including the development of criminal
justice in response to social, historical, and political factors. Includes a brief history
of the world's legal systems and an analysis of key procedural and substantive
similarities and differences. Associated topics include: administration and function
of police, courts, and corrections, and a focus and analysis of the increasing
internationalization of both the incidence of terrorism and the use of non-custodial
penalties for nonviolent crimes used in two North European countries.
REQUIRED READING:
1. David Nelken, Comparative Criminal Justice (Los Angeles: Sage, 2010)
2. Depending on the grade you contract for, you will read all or part of the
following. I posted all of these for you in elearning:
a. “Dual Systems of Criminal Justice: The Case of the People’s Republic of
China” (read for grades of C, B, and A)
b. “Islamic Law” (read for grades of C, B, and A)
c. “The Traditional Systems of Criminal Justice: Islamic Jurisprudence and
Shari’a Law” (read for grades of C, B, and A)
d. “Islamic Jurisprudence, Shari’a Law, and Criminal Justice in Saudi Arabia
and Iran” (read for grades of C, B, and A)
e. Ram Subramanian and Alison Shames, Sentencing and Prison Practices in
Germany and the Netherlands: Implications for the United States (New
York: Vera Institute of Justice, October 2013). (read for grades of B and
A)
f. Gary Hill, “Rehabilitating Terrorists,” Corrections Compendium, vol. 36,
no 3 (Fall 2011): 32-34. (read for grade of A)
g. Mark S. Hamm, Terrorist Recruitment in American Correctional
Institutions: An Exploratory Study of Non-Traditional Faith Groups Final
Report (Washington, DC: US Department of Justice, National Institute of
Justice, December 2007). (read for grade of A)
A LITTLE ABOUT THE COMPARATIVE METHOD:
The comparative method is one of the older methods of research and instruction.
Since the time of the ancient Greeks, it has been utilized in some format by leading
thinkers in the Western world. Aristotle, Machiavelli, Montesquieu, Karl Marx, and
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Max Weber employed it in some of their significant works. Today, the comparative
approach is used in anthropology, economics, law, history, political science, and
sociology.
The comparative method is the study of not only the nature and evolution of
criminal justice across the world’s societies, but also the study of similarities and
differences in their perceptions of crime and criminality, as well as their pursuit of
law and justice. The value of the comparative method may include one or more of
the following: to test hypotheses based on data collected from a single unit of
analysis, such as one society; to replicate the findings from one study, which
centered on a single unit of analysis, with other studies; and to determine under
which conditions the conclusions of one study may be valid in the analysis of other
studies that are similar.
There are a number of approaches or models that are available when one embarks
on a study of criminal justice from a comparative perspective. Richard Terrill
discusses five of them in his book World Criminal Justice Systems: A Comparative
Survey, Eighth Edition (Waltham, MA: Anderson, 2013). Rather than repeat them
here, I created a link for them in elearning called “Five Approached for Studying
Comparative Criminal Justice”
LEARNING OBJECTIVES:
1. Recognize the relationship between culture, governmental structures and
criminal justice
2. Appreciate the manner in which the justice system in different countries has
emerged historically
3. Identify the major components of the criminal justice systems in China,
countries under Islamic Law, Germany and the Netherlands
4. Comprehend the similarities and differences in how China, countries under
Islamic Law, Germany and the Netherlands organize and administer their
justice systems
5. Distinguish the roles that the various actors play in other country’s criminal
justice systems
6. Discern some of the critical issues that the criminal justice systems of China,
countries under Islamic Law, Germany and the Netherlands are confronting
GRADING EVALUATION:
I am trying some new in this course --- contract grading. What is contract grading?
Simple. You decide if you want a C, B or A in this course and do the work associated
with that letter grade. Here’s how it works:
To earn a grade of C you must:
1. Jan 6 – 10. Buy Nelken’s book and download the materials for the grade you
are contracting for. Review the syllabus and all course requirements. Make
sure you can open all the links in elearning. Decide which grade you will
contract for.
By 11:30 pm Friday, Jan 10, put a note in the “Contract Grade” dropbox and
tell me which grade you are contracting for. This cannot be changed,
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meaning you cannot contract for a higher grade after today. But, if the
quality of your work is not what it needs to be to warrant the grade you
contract for, I can lower the grade. Please be advised and do your best.
WARNING: WE DO NOT USE WORPERFECT. YOU MUST SAVE ALL OF YOUR
WORK IN THIS CLASS IN EITHER WORD OR RICH TEXT FILE (RTF)
EXTENSION.
IF YOU SUBMIT SOMETHING TO ANY DROPBOX THAT I CANNOT OPEN, I AM
SORRY BUT I WILL NOT BE ABLE TO READ IT. I CANNOT GIVE YOU ANY
EXTENSION OR ALLOW YOU TO RESUBMIT.
2. Jan 13 – 24. Read the Introduction and Chapter 1 in Nelken’s book and
provide solid answers to the questions I created to accompany the book.
(See the link “Questions to accompany Nelken’s book” in elearning)
Submit solid responses to the questions for the Intro and Ch 1 to the “Intro
and Ch 1” dropbox no later than (NLT) 11:30 pm Friday, Jan 24.
3. Jan 27 – Feb 7. Read Chapters 2 and 3 in Nelken’s book and provide solid
answers to the questions I created to accompany the book. (See the link
“Questions to accompany Nelken’s book” in elearning)
Submit solid responses to the questions for Chs 2 and 3 to the “Chapters 2
and 3” dropbox no later than (NLT) 11:30 pm Friday, Feb 7.
4. Feb 10 -14. Read Chapter 4 in Nelken’s book and provide solid answers to
the questions I created to accompany the book. (See the link “Questions to
accompany Nelken’s book” in elearning)
Submit solid responses to the questions for Ch 4 to the “Chapter 4” dropbox
no later than (NLT) 11:30 pm Friday, Feb 14. Happy Valentine’s Day!
5. Feb 17 – 28. Read (1) “Dual Systems of Criminal Justice: The Case of the
People’s Republic of China” and answer the 10 questions. I posted the
document and the 10 questions for you in elearning. In elearning I also
uploaded a power point to help you review and reinforce chapter ideas.
Modernization of China’s criminal justice system began at the behest of the
imperial rule in the late 19th century. In 1940, criminal justice in China was
built on some major institutions of modern law and law enforcement, but in
the 1950s and 1960s, under communist government ideology and the
leadership of Mao Zedong, China’s modern institutions of criminal justice
were deliberately and completely destroyed.
Submit solid responses to the 10 questions on China to the “China” dropbox
no later than (NLT) 11:30 pm Friday, Feb 28.
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6. Mar 3 – Mar 21. Read (1) “The Traditional Systems of Criminal Justice:
Islamic Jurisprudence and Shari’a Law,” and (2) “Islamic Jurisprudence,
Shari’a Law, and Criminal Justice in Saudi Arabia and Iran” and answer the 17
questions. I posted the three documents and the 17 questions for you in
elearning. In elearning I also uploaded power points to help you review and
reinforce chapter ideas.
I chose Islamic law because there has been heightened interest in Islam in
recent years, and a central feature of that attention is with Islamic law in
general and the role it plays in criminal justice across the Middle East. These
readings will introduce you to the various degrees in which Islamic law has
influenced the justice system of a few countries that are associated with
Islam.
Submit solid responses to the 17 questions on Islamic Law to the “Islamic
Law” dropbox no later than (NLT) 11:30 pm Friday, Mar 21.
AT THIS POINT IF YOU CONTRACTED FOR THE GRADE OF “C” YOUR ARE FINISHED
WITH THE COURSE.
To earn a grade of B you must:
1. Complete all of the work assigned for C above. In addition, you must:
2. Mar 28. Take an online exam on China and Islamic Law on Friday, Mar 28
anytime between 6 am and 11:30 pm and earn a minimum grade of 80.
3. Mar 31 – Apr 11. Read Ram Subramanian and Alison Shames, Sentencing and
Prison Practices in Germany and the Netherlands: Implications for the United
States (New York: Vera Institute of Justice, October 2013). I posted the
document Sentencing and Prison Practices in Germany and the Netherlands:
Implications for the United States for you in elearning.
After reading the above-mentioned document, write a solid 5 pp doublespaced paper detailing (1) why the document was written, (2) your critical
reaction to adopting the sentencing and corrections approaches used in
Germany and the Netherlands in the US, and earn a minimum grade of 80 on
the paper. (No cover page and no reference page. Just 5 pp of solid text.)
AT THIS POINT IF YOU CONTRACTED FOR THE GRADE OF “B” YOUR ARE FINISHED
WITH THE COURSE.
To earn a grade of A you must:
1. Complete all of the work assigned for C and B above. In addition, you must:
2. Mar 28. Earn a minimum grade of 90 on the exam on Friday, Mar 28
3. Mar 31 – Apr 11. Earn a minimum grade of 90 on the 5 pp paper you submit
after reading Ram Subramanian and Alison Shames, Sentencing and Prison
Practices in Germany and the Netherlands: Implications for the United States
(New York: Vera Institute of Justice, October 2013).
4. Apr 14 – Apr 25. Read (1) Gary Hill, “Rehabilitating Terrorists,” Corrections
Compendium, vol. 36, no 3 (Fall 2011): 32-34 and (2) Mark S. Hamm,
Terrorist Recruitment in American Correctional Institutions: An Exploratory
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Study of Non-Traditional Faith Groups Final Report (Washington, DC: US
Department of Justice, National Institute of Justice, December 2007). I posted
both of these documents for you in elearning.
After reading the above-mentioned documents, write a solid 5 pp doublespaced paper detailing (1) why the document was written, (2) your critical
reaction to the possibility of rehabilitating terrorists, and earn a minimum
grade of 90 on the paper. (No cover page and no reference page. Just 5 pp of
solid text.)
AT THIS POINT IF YOU CONTRACTED FOR THE GRADE OF “A” YOUR ARE FINISHED
WITH THE COURSE.
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