CJS 369 Study Guide - Midterm Guide: Legal Certainty, Oligarchy, Totalitarianism
15 Jun 2018
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CJS Midterm Study Guide
Frame of Reference
● Nation state, legal systems, democracy, rule of law, systems theory
· Nation State
● Occupies and controls a territory
● Sovereign authority
● Population shares certain common societal features
● Institutional development emphasizes law
● Bureaucracies designed to regulate and control and provide services
· Legal System
●
· Rule of Law
● Principles: supremacy of law, existence of procedural rules for making law, legal
transparency, legal certainty, protection of human rights, equality before the law, ability
of the state to enforce the law
· Systems Theory Approach
● Some nations have more centralized or decentralized governmental structures
● Some nations also have more open or more closed systems of government
· Forms of Government
o Monarch
government by a single person (uk, japan, Saudi Arabia)
o Oligarchy
2 types, rules by a few people, totalitarian (hitler) and authoritarian
o Theocracy
government by religious leaders
o Dictatorship
control by force (Libya)
o Democracy
government by and for the people
· What is the Common Law System and what are its origins and key features?
o Formulated primarily by judges
o Purpose being to resolve cases on individual basis (US and England)
· What is the ‘oao‐Gerai Law System and what are its origins and key features?
o Basic source of creation was roman law
o Emphasized the development of law in a codified form rather than the resolution of individual
disputes
o France
· What is the Socialist Law System and what are its origins and key features?
o Most nations are abandoning this system
o Some are combining socialist legal history with elements of the other 2 legal systems
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o Russia and china
o Many combine common law and Romano-Germanic forms today (japan and south Africa)
· What is Islamic Law and what are its origins and key features?
-judicial and governmental decisions must follow the Koran
-no pretrial detention
-innocent until proven guilty
· What is the Crime Control Model?
o Affirmative model that emphasizes the exercise of official government power
o Value system focuses on the repression of criminal conduct
o Emphasis on efficiency
o Speed and finality
o Conveyor belt analogy
· What is the Due Process Model?
o Negative model that attempts to place limits on the nature of that official government power
o Formal adversarial fact-finding process in which the accused is heard publicly before an
independent authority
o Presumption of innocence
o Obstacle course analogy
· What is Comparative Criminology?
o The systematic and theoretically informed comparison of crime in 2 or more cultures
· What is Transnational Crime?
o Cross borders. A crime that happens in one country and moves to another, always involves at
least 2 countries
· What is International Criminology?
o Crime against humanity, responding to international crimes
· What is Global Criminology?
o Impact of globalization and globalized economy
· What is Supranational Criminology?
o Large scale forms of harm and responses
· What is State Crime? What are the different conceptualizations of the State: criminal, repressive,
corrupt, negligent?
-happes he a goeret egages i atiit or fails to at ad reaks the states o riial la.
-criminal: gov rules outside the law, commits crimes against humanity
-repressive: gov withholds basic rights
-corrupt: gov abuses power to take from its people
-negligent: gov fails to act to prevent tragedies
· What is Globalization and what is the relationship with crime?
-businesses or other organizations develop international influence which can lead to business crime
more commonly known as white collar crime
Human Rights
· What is an NGO? What are the most known NGOs in human rights activism?
-non-profit, olutar itizes group. Hua ‘ights Wath, Hua ‘ights Without Frotiers
· What is the role of NGOs in the pursuit of human rights?
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find more resources at oneclass.com
-bring awareness to the issue at hand in order to create solutions
· What is the United Nations?
-international organization that promotes peace, security, and cooperation among the countries who
are involved
· Who are the Permanent Five?
-China, France, Russia, UK, US
· What is the International Court of Justice?
-the principal judicial organ of the UN
· What is the International Criminal Court
-investigates and tries individuals with crimes that threaten international security such as genocides, war
crimes, and crimes against humanity
· What are the International Crime Tribunals (Former Yugoslavia & Rwanda)?
-courts of law established to try individuals accused of war crimes and crimes against humanity
· What are Truth and Reconciliation Commissions?
-discovers and reveals past wrongdoing by a government in hopes to resolve conflict
· Why do significant questions exist regarding the ability to mete out justice with the international
organizations?
England
How does England compare with other countries, in terms of: Government?
Police?
Courts?
Corrections?
Juvenile Justice?
What are the unique features?
What practices should be borrowed by other countries? What are the key critical issues?
What is the origi ad ke features of Eglads Costitutio?
o Unmodified, blend of statutory law, precedent, and tradition
· What does it mean to have a fusion of power?
o The executive and legislative branches of government are intermingled, rather than having
separation of powers
o Parliament has supreme power over the UK
· Who is the Moarh ad hat is this persos role?
o Individual ruler functioning as the head of state
o Achieves his position through heredity
· What is the House of Lords?
o Declining role, can examine legislation made by the commons and delay certain actions if they
see fit
· What is the House of Commons?
o Makes laws
· Who is the Prie Miister ad hat is the persos role?
o Leader of political party that’s in power in the commons
· What is The Cabinet?
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find more resources at oneclass.com
Document Summary
Nation state, legal systems, democracy, rule of law, systems theory. Bureaucracies designed to regulate and control and provide services. Principles: supremacy of law, existence of procedural rules for making law, legal transparency, legal certainty, protection of human rights, equality before the law, ability of the state to enforce the law. Some nations have more centralized or decentralized governmental structures. Some nations also have more open or more closed systems of government. Forms of government: monarch government by a single person (uk, japan, saudi arabia, oligarchy. 2 types, rules by a few people, totalitarian (hitler) and authoritarian: theocracy government by religious leaders, dictatorship control by force (libya, democracy government by and for the people. What is the common law system and what are its origins and key features: formulated primarily by judges, purpose being to resolve cases on individual basis (us and england) Judicial and governmental decisions must follow the koran.
