French and American Criminal Justice Systems
There many different criminal justice systems in the world today. Some that consists of many of the same policies and some that are considerably different. In the case of France and the U.S. there are a lot of similarities, but I will be focusing on the differences between each of their systems. The aspects that I will be comparing are police, courts, the legal profession, legal education, criminal procedural law, corrections, and juvenile justice and the advantages and disadvantages of each.
The policing system in France is a lot different than the one in the U.S. In France there is one big centralized police system run by the government. Unlike the fragmented police model, which is found in the United States and is attributed to the federated nature of the political system, the centralized police system is imposed on the people by the national government. In France, the emphasis has been on establishing police forces is administered, supervised, and coordinated by the national government (Terrill 212). This is a major advantage because there are most likely the same laws throughout the country. Another difference in policing is the entry system. In America, all recruits have to start out as a patrolman before moving up to a higher ranking and a degree is not necessary for becoming a higher rank, and aren’t required to have a degree. Today 83 percent of all local police departments require at least a high school diploma, and 8 percent require a degree from a two year college (Gaines and Miller 174).
France however, has a four tiered entry scheme which focuses on the university graduate. You must first become a patrol officer, but only with a degree and plenty of schooling and training, you can move up to a plainclothes officer, which are the equivalent of a lieutenant or chief of police. From their perspective, the multilevel entrance scheme enables the police to tap the creative resources of the university graduate (Terrill 224). The disadvantage of this is that many patrol officers with no degree could be just as know ledged and trained as a plainclothes officer, but not be able to move up in the rankings as fast as someone with a degree.
Another difference between the two countries is their court system. France does not practice judicial review. In the United States, the Supreme Court has the p...
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...ave to go through harsh nature of jail.
The last major difference between the two countries is juvenile justice. In France the age of full adult responsibility is age 18. While in America, the youth is considered and tried as an adult anywhere between the ages of 10 and 15, and in some states there isn’t an age limit. Juveniles between the ages of 13 and 15 in France could receive a penal sanction if the offense is serious enough but will be shortened under the Penal Code. This is an advantage of having the legal age at 18 for juveniles to have time to grow up and realize the consequences of committing a crime. The disadvantage is that juveniles who commit crimes under the age of 18 in France and are not charged have a strong possibility of committing additional crimes and aren’t taught a lesson.
Overall, France and America both have fairly well developed criminal justice systems. Even though there are many differences between each, they have both proven to have control and order in each of their countries. If both countries could compare each others systems and consider the downfalls and similarities of each, they could both get ideas on how to become a better run country.
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The criminal justice system has been evolving since the first colonists came to America. At first, the colonists used a criminal justice system that mirrored those in England, France, and Holland. Slowly the French and Dutch influences faded away leaving what was considered the English common law system. The common law system was nothing more than a set of rules used to solve problems within the communities. This system was not based on laws or codes, but simply that of previous decisions handed down by judges. Although rudimentary, this common law system did make the distinction between misdemeanors and the more serious crimes known as felonies.
The influence of higher education on police officer habits would surprise many according to Matthew D. Bostrom, D.P.A of the Saint Paul Police Department in “Police Chief Magazine-The Professional Voice of Law Enforcement”. Although a degree is required for some agencies and considered ideal for any person looking to join the law enforcement field, surveys show otherwise says Bostrom. According to a study conducted in St. Paul, Minnesota there were more on-duty vehicle collisions by officers with formal education beyond high school than those who only obtained a high school diploma. The article also shows figures indicating more disciplinary actions towards officers with college degrees and a significant difference in those of officers with high school diplomas only. The measurements of work habits shown indicate that perhaps a college degree in general is not necessary to be an effective police officer. Traffic Officer James Dunn of the California Highway Patrol in an interview said, “a degree can be beneficial, but some people are very eloquent and knowledgeable even without attending college-a person can learn the specific duties of any job, but college does not teach you the responsibilities of being a police officer. You learn that by hands-on training”. Although a degree is helpful, Officer Dunn admits that he has been very successful in the law
New France and Canada, although are different in many ways, in speaking of political, religious, economic, and, social similarities and differences views, they are also quite similar as well. For example, both Canada and New France have somewhat equal rights for women, and we both have different positions of power in the political system. But Canada has a demographic government, while New France was run by a monarchy.
The criminal justice system is a group of institutions that work together to protect a society, prevent and control crime, and maintain justice; enforcing the laws regulated by society. As the years have gone by and society has evolved; so have the criminal justice system and its methods to accomplish its role in society. This short analysis will evaluate the main facts that have been affecting the criminal justice system for decades and have influenced the evolution the justice system is enduring in a changing society (Muraski, 2009). Amongst the changes in the system, we will discuss the effect the changes have had on the citizens and how their perceptions have evolved as well.
There are several fundamental problems within America’s penal system. First, the name “penal” system indicates that the main focus is punishment. Punishment is meant to “teach them a lesson,” i.e. deter the convicts from future crime. Reasonable or unreasonable, punishment often results in the punished resenting and holding negative feelings for the punisher. If society is the punisher, inmates will not be motivated to go back into the general populace as a valued and productive member of society. Furthermore, prison has been commonly known to be both a training ground for more sophisticated crime as well as psychologically hardening nonviolent or innocent inmates that were falsely accused.
Wanting to understand and be involved with putting the right criminal behind bars has always been a passion. Getting a better understanding of the criminal justice system explained how innocent can be convicted. During, this learning process it has been obvious that there are new and lethal forms of criminality, which can range from international terrorism to transnational syndicates.
The majority of departments only require a high school diploma. Although a college education is not a requirement, it can greatly increase one’s chances of getting hired. A degree in criminal justice or criminology would be very beneficial, but an associate or bachelor's degree in any department gives a person the best chance of advancement within his or her specific department. In fact, most higher positions such as chief of police require a bachelor’s degree or higher. Besides this, an individual who is going into law enforcement will need to attend a police
Organizational structure of Law Enforcement agencies of any state is being built in accordance with the functions, entrusted to the police. In turn, functions that are performed by the law enforcements in different states largely evolved historically and are usually formed due to the peculiarities of national, social and political development of a particular State, the traditions of its society. I paid my attention to the most interesting, in my opinion, histories of Law Enforcement systems – in America and Europe, in particular, France.
The article Police and Higher Education: Where are We Now by Roy Roberg and Scott Bonn discuss and review past articles and ideas about whether or not police officers should be required to have earned a college degree in order to qualify a position in law enforcement within the United States. The first person who believed in the idea that police officers should be required to hold a college degree in order to be qualified for a position was August Vollmer. August Vollmer was “the father of American police professionalism” (Walker & Katz, 2011). Vollmer is best known for being a supporter of higher education within law enforcement. However, many officers and high ranking officials did not believe in the concept of needing to obtain a college degree in order to protect their community. A majority of police officers in law enforcement did not have a college degree nor did police departments require it to be considered a position. Moreover, many police departments did not necessitate a high school diploma but rather a general equivalency diploma. The first time that this idea was utilized was during the time of the 1960’s, when, in the early 1960’s, crime was increasing drastically and by the late 1960’s the ghetto riots took place, opening the eyes of those in charge that something needed to change, and change quickly in order to prevent criminal activity and chaos.
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"Studies, Case Law, Quotes, Standards and Trends in Support of a College Education for Police Officers." Police Association for College Education (PACE). Web. 02 Mar. 2011..
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