Comparative criminal justice

Comparative criminal justice is a subfield of the study of Criminal Justice that compares justice systems worldwide. Such study can take a descriptive, historical, or political approach. It studies the similarities and differences in structure, goals, punishment and emphasis on rights as well as the history and political stature of different systems.It is common to broadly categorize the functions of a criminal justice system into policing, adjudication (i.e.: courts), and corrections, although other categorization schemes exist. Comparativists study the four different types of societies, their methods of enforcement and their different types of punishment such as capital punishment, and imprisonment. Within these societies they study different types of legal tradition and analyze the issues they solve and create. They use their information in order to learn effective ways of enforcing laws, and to identify and solve problems that may arise within a system due to its methods.

Comparativists in criminal justice study four different kinds of societies: Folk-communal, Urban-commercial, Urban-industrial, and bureaucratic. Folk-communal societies are often seen as primitive and barbaric, they have little specialization among law enforcers, and let many problems go unpunished to avoid over-criminalization however, once tempers “boil over” and the situation becomes a larger issue, harsh and unusual punishment may be administered. Examples are African or Middle Eastern Tribes, or early puritan settlements of America. Urban-commercial societies have few written laws and some specialized enforcement for religious or king’s law enforcement. Punishments are inconsistent and usually harsh. Urban-industrial societies enforce laws that prescribe good behavior and give incentives and disincentives for behavior and police are specialized in property crimes such as theft. Finally, bureaucratic societies are today’s modern society. They feature fully developed laws, lawyers, and police forces trained for multiple types of crime. Different “side effects” of these societies include over-criminalization, overcrowding, and even juvenile delinquency due to the extended age of adolescence these societies bring on.

Legal traditions play an important role in the development of international law and justice. Comparativists for criminal justice study these traditions with the intent of finding a way to combine the views of different traditions towards a single view that allows for the successful development of international law. Many comparativists believe that the more states with similar legal views the more likely it is to be able to create international laws that please all. Reichel (2005) identifies four major legal traditions that each have their own respective body of laws:

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