Use the Internet to research court proceedings and the correctional system in the same country you selected in Assignment 2 (China: See Attached).

Write a three to five (3-5) page paper in which you:

1.Analyze both the court system’s likely view on the accused’s rights, as well as the court system’s likely treatment of the defendant during trial proceedings. Provide support for the analysis.

2.Assuming the accused is ultimately sentenced to a term of imprisonment, depict the most likely experience the defendant will have within the country’s prison system. Provide justification for your view of the country’s prison system.

3.Expose two (2) ethical concerns you witnessed regarding the country’s court and correctional systems.

4.Provide one (1) recommendation for change within each of the systems (court and correctional). Provide justification for the recommendations.

5.Use at least four (4) quality references. Note: Wikipedia and other Websites do not qualify as academic resources.

This part of the assignment are discussion questions therefore the answers can be brief but accurate:

Compare and contrast the American response to acts of domestic terrorism with acts of international terrorism. Predict at least one (1) way these responses may change within the next five (5) years. Provide a rationale for your prediction.

From the e-Activity, debate the extent to which the author’s solutions to preventing further acts of terrorism against the United States are feasible. Question the degree to which these solutions would be successful. Provide justification for your response.

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It should be noted that comparative criminal justice is in more ways than one a subfield of Criminal Justice which tends to evaluate various justice systems globally (Tomkovicz, 2002). It is a rather intriguing study which can take an eloquent political as well as historical approach. In this instance I would like to write about a violent assault which I accidentally witnessed while I was in China. As we all know, China is quite diverse and vast for that matter, having a larger population as compared to most countries around the world. The general demographic of China is made up of the younger generation and the elderly (Roth, 2010). It is also a given fact that China is one nation that has completely embraced technological advancements as well as globalization and it is said that come a few years from now, it will almost be at the same level economically and socially as the United States of America. China is currently implementing a ‘One Child’ policy where families are required to only bear one child per family due to the overwhelmingly large population which the government cannot quite cater to fully (Coady, 2000). This increase in population has also brought about increased concern regarding crime rates in the country; the higher the population, the more prone the society is with regards to crime.

Despite the rapid social and economic transformations taking place in China over the last 30 years or so, one aspect of Chinese life has hardly changed and this is the Criminal Justice System. A new criminal code as well as criminal procedure law was established in 1979 as a way of helping citizens protect themselves against repeated arbitrary violence during the Mao era (Tomkovicz, 2002). Today, majority of criminal trials are simply formalities that are fashioned to bestow legitimacy on decisions that have been taken in discretion by Communist Party officials. In regards to the crime I witnessed, Chinese criminal code would likely view this as a crime deserving harsh punishment. Apparently, the Chinese Criminal Justice believes that the best strategy for deterrence is to raise the price of crime as it were through increased severity of the penalty (Roth, 2010). For almost 35 years now the nation’s criminal law has allowed the use of corporal punishment or what is commonly referred to as death penalty for robbers in nearly all cases; courts in China have also applied it on a regular basis and in numerous distinct types of robbery cases. Therefore, the violent assault that I witnessed would be handled in the same manner by China’s criminal code.

The United States usually grants criminal suspects individual rights such as search and seizure, right to counsel and so forth. Individual rights such as search and seizure is usually provided in order to protect the suspect from unlawful planting of evidence which might not be there and also to mitigate cases of “his word against his” which was the norm before such rights were enacted as law (Coady, 2000). US criminal suspects are also granted the right to counsel, meaning that any suspect who has been arrested and subsequently arraigned in court has the right to have an attorney present to plead for his defense and present the suspect’s side of the story. This particular rights’ perspective was to ensure that even the criminal suspect is granted an equal and fair trial as the plaintiff in any case (Tomkovicz, 2002).

Law enforcement officers in China would likely treat the defendant involved in the violent assault I witnessed differently from how it would be in the United States. For instance, the defendant would not have been read the Miranda rights as they do not exist in the nation’s criminal law, therefore, he/she would have automatically implicated themselves when being questioned either at the crime scene or while in custody (Roth, 2010). He/she would then have been found guilty of the crime as there were also witnesses present then be sentenced to death.

There exists some fundamental similarities and differences between the police culture in China compared to the United States. Keeping in mind that the Chinese culture is more collective as compared to the individualistic culture of the US, the former tends to rely heavily on morality and family pride to deter criminal activities (Coady, 2000). The US, on the other hand makes use of formal institutionalized means where it controls crime via government and the state. The general perceptions of the American society have little or no influence whatsoever in terms of crime. American citizens usually avoid committing crime because they can be punished and not because it will affect their family image as is the case in China. I believe that we do have a criminal justice system, however flawed it may be. Our system has become unique to each individual, in the different ways each situation is handled.This country's criminal justice system has structured itself to our "capitalistic society".  Because in our society, money does talk. The fact is, one cannot just go out and pay a fee to commit murder and then it’s over with. However, an individual that has a lot of money can afford the best attorney that money can buy and they can take all precautions necessary to ensure they do not go to jail. An example of this is the O.J. Simpson case who bought one of the best lawyers. Then in turn that lawyer (Robert Shapiro) went out and made a team that could rival any defense team ever put together. Money in this case was the key to keeping O.J. out of jail. Almost all of the evidence collected put O.J. at the place and time the murder occurred. Now this is one thing the defense couldn't dispute and they knew that. But when you have a team of lawyers that is the best, you can be sure they will do everything in their power to win.

A few similarities that can be observed between these two police culture include the fact that they are both undergoing some reforms so as to be in a better position of protecting and serving their respective societies (Tomkovicz, 2002). Both the US and Chinese police are committed to reducing crime rates while bringing those responsible for various criminal acts to justice.

References

Coady, T. (2000). Violence and Police Culture. Carlton, Vic.: Melbourne University Publish.

Roth, M. (2010). Crime and Punishment: A History of the Criminal Justice System. 2^nd Edition. New York: Cengage Learning.

Tomkovicz, J.J. (2002). The Right to the Assistance of Counsel: A Reference Guide to the United States Constitution. Westport, Conn.: Greenwood Press.

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