Transcript Comparative Criminal Justice Systems

Comparative
Criminal Justice
Systems
Minorities, Crime, and Criminal Justice:
Spain, Britain, France, Netherlands - Europe
Marshall
Spain

Population: 40 million

Member of the European Union

A democracy with a constitution (1978); constitution prohibits racial
ethnic discrimination.

Two national police forces: the National Police and the Civil Guard

Mixed inquisitorial and adversarial criminal procedure
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Minority Issue: Gypsies

Border Issue: Morocco – drugs and migrant labor
Gypsy and Payo Culture
(Major Issues)

Culture differences

Gypsy law (oral tradition) and payo law (Spanish Law)

Police, court, and prison statistics do not report racial or ethnic
variables*

Stereotype

Marginalization

Victimization
* Qualitative interviews suggest that criminal justice professionals and
gypsy leaders agree that gypsies are disproportionately represented
in police arrests, court hearings, and prison populations.
Spain – Morocco Border
Immigration and the
Spanish – Moroccan Border

Spain – Straight of Gibraltar – Morocco; a ten mile strait of
confrontation (compared to the U.S. – Rio Grande – Mexico)

Spanish cities of Ceuta and Melilla on the northern Moroccan
coast (fortified). The only EU country with an African border.

Smuggling Issues: Drugs and migrant labor (an entry point for
migrants from Morocco, central Africa, the Philippines, and
South America – Peru and Argentina).

Schengen Agreement regarding open borders within the EU
has pressured Spain to enforce stricter visa policies, thus
forcing more clandestine operations.
Major Issues – Immigration
Spain

Disproportionate Involvement in Criminal Justice
System: Legal or illegal immigrants total approximately
2% of the Spanish population. Foreigners in Spain
represent approximately 8.5% of total population
arrested; 5.5% convicted; and 16% incarcerated.

Increasing victimization: xenophobic assaults; illegal
employment contracts and working conditions.

Concerns of immigrants: Marginalization, poor socioeconomic conditions, severance of social bonds,
increasing hostility encountered in host country,
deportation as punishment (legal or illegal immigrants).
Europe
Britain

Population: 60 million

Member of the European Union

A democracy with a constitution (1978); constitution prohibits
racial ethnic discrimination.

Adversarial criminal procedure

Minority Population: Asians (Pakistani, Bangladeshi, and
Indians); blacks (Caribbean or African origin); and Chinese.
Historically made up of minorities from countries of the former
British Empire.
Prison Statistics
Britain

Black suspects and offenders appear to be disproportionately
more likely to be brought into the criminal justice process and
less likely to be filtered out. Asians follow a similar trend.

Asian and black offenders receive longer prison sentences
(even when type of court, age of offender, and type of offence
is considered).

Prison statistics (1995) show that the male prison population
was 83% white; 11% black; 3% Asian; 3% Chinese/other. The
female prison population was 76% white; 20% black; 1% Asian;
and 4% Chinese/other.
Major Sentencing Issues
Britain

Blacks are less likely to be cautioned than whites and
Asians are more likely to be cautioned.

Blacks are more likely to be charged with “indictable
only” offenses, i.e., robbery. Therefore, they have a
higher proportion to go to the Crown Court.

Blacks are more likely to be remanded in custody before
trial.

Black people have a higher acquittal rate; however, if
they are found guilty after they plead not guilty – they
are liable to heavier penalties.
Britain:
Victimization
Victimization is disproportionate
among ethnic minorities.
Major Issues:

Age profile

Socioeconomic position

Geographical distribution

Racial hostility
Netherlands

Population: 16 million

Member of the European Union

Continental Welfare State: Low labor participation and high welfare
dependency.

Three waves of immigrants due to decolonization, migrant workers,
and refugees and asylum seekers (1950s-1970s).

Ethnic Minority Population (Approximately 10% of population):
Surinamese (1.7% - Dutch Guinea), Turkish (1.6%), Moroccan (1.3%),
and Caribbean (0.6% - Antilles), and immigrants from nonindustrialized nations and gypsies (.9%).
Netherlands:
Criminal Involvement

After 1974, ethnic backgrounds for arrest are no
longer recorded.

Prison Population (1994): 50% white Dutch, 11%
Surinamese, 8% Moroccan, 5% Turkish, 7% Antillian,
and 5 % from various other European countries
(most are legal residents). Thirteen percent are
from non-European countries (Africa, Latin America,
and the Middle East – illegal immigrants).
Netherlands:
Organized Crime

Organized crime in the form of drug trade is ethnically
controlled.

Heroin – Turks (Near East and Southeast Asia), hashish –
Moroccans (North Africa and Pakistan), and cocaine –
Surinamese (South America).

Due to intercontinental transportation and banking, the drug
trade is organized primarily through the countries of origin.
Thus, the drugs are brought into the Netherlands and
subsequently, as a main port in shipping, the drugs are
transported to other places in Europe and the rest of the
world. The profits, in contrast to the U.S., disappear back to
the country of origin where money laundering and confiscation
laws are not enforced.
Netherlands:
Major Issues

Disproportionate involvement of ethnic minorities in crime.

Studies show bias and selectivity in policing.

First offenders who belong to ethnic minorities were more
severely sentenced than white Dutch offenders.

Differential treatment of ethnic minorities, within the
parameters of criminal procedure, is related to social and
economic deprivation.

The open border policy has created more extensive policing,
extradition, fining of employers of unlicensed workers, and
exclusion of foreigners from public services.
France

Population: 60 million

Member of European Union

Inquisitorial criminal procedure

Two national police forces: the National Police Force and the
National Gendarmerie

Minority Population (etrangers – non-French citizens living in France):
Algeria, Morocco, Tunisians, Turks, Sub-Saharan Africans.

Minority Issues: “Etrangers” are overwhelmingly Muslim in contrast
to the white, largely Catholic native French. Culture conflict and high
unemployment – dualization of French society.
France:
Criminal Justice Response

The rate of pretrial detention and provisional detention
(punishment without the determination of guilt) is
extremely high among etrangers. The reason: “it is
indispensable for maintaining public order.”

Etrangers are overrepresented in the prison population –
approximately 30% of the total prison population.

Etrangers in general serve longer terms of incarceration.
France:
Major Issues

Xenophobia and racism.
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Dualization of French society – social and spatial
segregation.
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High unemployment, especially among etranger youth.

Transition from an industrial society to a modern
postindustrial society.

Police resentment of judicial system. Police officer’s
role in a dual society.
United States – Europe
More Similar Than Different

Both are taking increasingly restrictive measures to deal
with minorities and migrants.

Both have an increased focus on the control of
immigration and cross-border crime.

Both often embrace the “minority-crime” connection.

Major difference: Most European countries object to
ethnic monitoring and the systematic collection of
information about nationality, citizenship, race, or ethnic
background.
United States – Europe
Victimization

Victimization studies show that immigrants and
minorities are more likely to be victims of crime – in
particular, violent crime.

Victim surveys show that criminal victimization to a
large degree is intraethnic and intraracial
(Exceptions include robbery in the U.S. and hate
crime in both the U.S. and Europe)
United States – Europe
Sentencing and Prison

In both Europe and the United States, conviction
statistics show a higher representation of minorities
for serious violent crime (homicide, robbery, rape)
and for drug related crime.

There is a serious overrepresentation of minorities
and foreigners in prison in both Europe and the U.S.
United States – Europe
Major Issues for Minority Overrepresentation in Crime

Socioeconomic inequality

Deprivation (social position)

Marginality

Negative stereotyping

Disparity / Discrimination
United States – Europe
Global Issues

In both Europe and the U.S., the motives and composition of
the recent immigrant population has changed.

Immigration reflects the push factors of religious and political
persecution and poverty rather than the pull factor of the need
for manpower.

Due to the global context of migration (motives and
opportunities), the criminal involvement of first-generation
immigrants is likely to increase in the near future.