Introduction
A criminal justice system is comprised of institutions that assist in processing a case from its inception, through trial and punishment. In this light, a case commences when enforcement officials that are responsible for investigating a crime collect evidence that can assist in the identification and use of an alleged perpetrator. The case would then be taken through the court system, which is responsible for weighing the evidence, consequently determining whether the defendant is guilty or otherwise. In case the defendant is guilty, the corrections system can then use the means at their disposal to punish the offender for their crime. In light of the need to analyze criminal justice systems in different countries, it would be vital to assess the systems applicable to the United States, Germany, and Hong Kong. The assessment focuses on the policing model of the justice systems in the different countries, their judicial structure and corrections systems, their legal tradition, and a history of the development of the countries, including the culture that has affected their legal systems.
United States
Unlike a considerable number of countries, a network at the federal, state, as well as other jurisdictional levels such as the territorial and military courts represent the criminal justice system in the United States (Van, 2000). The federal criminal justice system takes care of national cases that are inclusive of assassinations of the top-level administrative officials, espionage, and treason, among other cases. Conversely, the state criminal justice systems focus on crimes that have occurred in situations that are evidently involved in a particular state. This process is the same for the systems that cover special jurisdictions. Law enforcement takes effect after the detection of a crime. The duties of law enforcement officers are inclusive of the arresting of suspected offenders, the establishment of the motive for the crime, collecting and preserving acquired evidence, and completing the police or arrest reports that require information regarding the results of an investigation. However, the police are responsible for upholding an offender’s rights, the victims, and the witnesses as well. In this regard, the police should follow procedures that are within the rules prescribed by law.
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The police departments in the United States are public agencies that focus on the maintenance of order, including the enforcement of the law. Apart from the police, the judicial system includes courts, which are considered as tribunals that take part in determining the validity of the crime committed by an individual for the violation of the law (Scheb, 2002). The courts' fundamental responsibility is to seek justice and to determine the truth. The primary actors of the courts in the country are inclusive of the prosecutors, the defense attorneys, and the judges. These actors follow the common law tradition, which is a legal system that is derived from judicial precedence and not statutes. This legal tradition emerged from the transformation of England as well as the settlement of the American colonies (Scheb, 2002). A considerable number of the principles of this legal system were included in the establishment of the American justice system.
Germany
The criminal justice system in Germany contrasts with the justice system in the United States in several ways. According to Feeney (2012), Germany has only one national criminal code, one national code of criminal procedure, and a unified court system. Germany has no death penalty (Fuller & Vossmeyer, 2003). On the other hand, the sentences for crimes committed are lower than the sentencing in the United States. Just as the process of investigations conducted in America, the police are responsible for conducting investigations, after which the results are sent to the prosecutor, who takes the offender to court. The judge is responsible for organizing evidence, and the prosecutor or defense counsel is only allowed to ask questions after the judge has done so.
Contrary to the provisions that dictate the legal systems in different countries, German law disallows prosecutorial discretion. In spite of this provision, the legal system in Germany provides safeguards that can ensure the fairness of investigations as well as trials. For individuals involved in legal proceedings in the country, several courts can hear their cases, depending on the nature and the seriousness of a particular case. Conversely, a presumed perpetrator can appeal his or her case in different higher courts. Germany follows the traditional civil law system (Feeney, 2012). The directives, as well as regulations passed by the European Union, the country’s constitution and the codified laws that have been passed by the Federal Parliament, are the main sources of law in the country. The court system in the country also has several specialized courts that are organizationally located at the ordinary courts.
Hong Kong
The criminal justice system in Hong Kong is large as well as complicated enough to bewilder the individuals involved in the administration of law. There are a considerable number of departments that are characterized by conflicting interests and objectives, which is a provision that makes it difficult to understand the system as a whole. According to Gaylord, Gittings, and Traver (2009), the highest source of law in the country is vested in the constitutional document under Article 63 of the Hong Kong Basic Law. The department of justice in the country is responsible for controlling criminal prosecutions without any form of interference. This means that the department is responsible for making its judgment regarding whether it can proceed with a particular prosecution or otherwise.
In most cases, attrition emanates from the different procedures within the criminal justice system. However, attrition can be traced to the discretion created in the system. In this light, attrition is traceable from the decision made by the police on whether it should investigate crime reports, including the determination by the prosecutors on whether they are likely to take a particular case in court or not. On the other hand, attrition is determined by the provision regarding the exercise of discretion by individuals within the criminal justice system. Gaylord, Gittings, and Traver (2009) provide that such discretion bring about a specter of a criminal justice system that is governed by whim rather than law. This provision has influenced several observers to propose that discretion should be reduced. However, the concept of discretion, which characterizes the criminal justice system in the country, is part of the system. The fundamental feature of the law in the country is Basic Law (Gaylord, Gittings, & Traver, 2009). The underlying principle of this law is based on the idea that the single country should work with two systems, in which the socialist system and the different policies cannot be practiced in Basic Law. The courts in the country are required to follow provisions outlined in Basic Law.
References
Feeney, F. (2012). German and American Prosecutions: An approach to the statistical comparison; [Office of Justice Progams], Bureau of Justice Statistics . Washington, DC: BiblioGov.
Fuller, B., & Vossmeyer, G. (2003). Germany . Tarrytown, NY: Benchmark Books.
Gaylord, M. S., Gittings, D. J. & Traver, H. (2009). Introduction to crime, law, and justice in Hong Kong. Hong Kong: Hong Kong University Press.
Scheb, J. M. (2002). An introduction to the American legal system . Albany, NY: West/Thomson Learning.
Van, D. T. R. (2000). American law and the legal system: Equal justice under the law . Albany, NY: West Legal Studies/Thomson Learning.
