Comparing The Criminal Justice System Of Australia With Those Of Two Other Nations, Critically Examine The Common Law And Civil Law Traditions, And Assess The Effectiveness Of Each Nation In Achieving The Aims Of Its Legal Tradition. Essay

2252 WordsApr 17, 200810 Pages
Every nation adopts fundamental procedures and rules that are followed throughout the justice system. It is the roles and responsibilities of these procedures that form an important part of analysis when examining whether or not the expectations of its legal system have been maintained. These systems of justice are divided into four major categories that define the core for comparative criminal justice (Reichel P, 2005). These are common, civil, socialist and religious (Reichel P, 2005), however for the purpose of this essay, research will be focused mainly on civil traditions that are enforced in Japan and France, which will then be compared to the common law proceedings entrenched in Australia. This will be achieved by focusing on main aspects within each of the three nation’s legal system, namely the adversarial and inquisitorial adjudication processes. This essay will be limited to research specifically with the investigatory and adjudicatory processes of each country. Both France and Japan have a centralized government, although France is decentralized to the extent that there are 22 regions, 95 departments, and 36,000 municipalities, each of which can gain benefits from the central government, while maintaining a certain amount of autonomy (Borricand, 2001). The French legal system abides by the principal of unity of the civil and criminal justice system, which means that the same court can hear both criminal and civil cases (Borricand, 2001). Although Japan has a federal system of government, it also is largely centralized. One reason for centralization is that it is considered very important for the formal agencies to administer the political and legal measures equally and on the same basis over the territory (Moriyama, 2001). Apart from the district traditions and cultures, there is little difference, at least in the administration of laws,

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