Comparative Criminal Justice System Notes | B.A. LL.B. (Five Years) Semester 10 | SPPU | munotes

Contents

Module 01 Introduction

1. Comparative Criminal Justice: Meaning, Significance and Components 1
2. What Criminal Justice Is 5
3. The Four Agencies 8
4. What the International Criminal Court Is 11
5. Complementarity 15
6. India and the Court 21

Module 02 Comparative Policing

1. The Police and the Criminal Justice System 27
2. The Principles of Policing: Policing by Consent 35
3. The Police System in India 38
4. The Structural Organisation of Police at the Centre and in the States 45
5. The Mode of Recruitment and Training of Police 56
6. Powers and Duties of Police Under the Police Act 64
7. Powers and Duties of Police Under the BNSS: Arrest 73
8. Powers of Police Under Other Laws 87
9. The Method of Police Investigation 96
10. The Relationship Between Police and Prosecution 109
11. Police Public Relations 116
12. Police Reforms 124
13. Crime Prevention and Crime Control: The Difference, and the Modern Methods of Control 133
14. The Crime Control Mechanism: Police, Courts, Prosecutors, Jails and Open Prisons 137
15. Innovative Policing Techniques 140
16. Community Policing, Zero Tolerance Policing and the Rise of Private Policing 144
17. Corruption in the Police 148
18. The Third Degree Method 155
19. The Liability of Police for Custodial Violence 164
20. The Role of the Judiciary: Compensation as a Public Law Remedy 173
21. Police Deviance 181

Module 03 Transnational and Global Policing

1. Transnational Crime 184
2. INTERPOL: What It Is 190
3. How INTERPOL Is Constituted 195
4. What INTERPOL Does: Its Functions and Its Databases 201
5. INTERPOL Notices 205
6. India and INTERPOL 211
7. What INTERPOL Cannot Do 217
8. Europol, UN Police and the UN Office on Drugs and Crime 222

Module 04 Prosecution and Pre-trial Justice

1. The UN Guidelines on the Role of Prosecutors 226
2. Prosecution in England, the Netherlands and America 230
3. Public Prosecutors and the Directorate of Prosecution 236
4. Double Jeopardy, and Who May Conduct the Prosecution 242
5. Compounding of Offences, and Withdrawal from Prosecution 249
6. Complaints to Magistrates 256
7. The Rights of an Arrested Person 262
8. Remand, Default Bail and the Police Report 269
9. Bail in Bailable and in Non-Bailable Offences 277
10. Speedy Trial and the Undertrial 286
11. The Undertrial Today: Section 479 291

Module 05 System of Trial

1. The Adversarial System and the Inquisitorial System 296
2. Inquisitorial Trials in France and Germany 299
3. The Principles in an Adversarial System 304
4. The Right to a Fair Trial 307
5. Trial Before a Court of Session 311
6. The Classical Islamic Approach: Hadd, Qisas and Tazir 319
7. Islamic Criminal Justice: Proof, Pardon and Compensation 323

Module 06 Jury System

1. The Jury in England and America 327
2. The Jury in India, and Lay Judges in Inquisitorial Systems 331

Module 07 Sentencing

1. Capital Punishment and Human Rights 336
2. Capital Punishment in the World Today 341
3. The Death Penalty in the USA and the UK 345
4. Bachan Singh and the Rarest of Rare 349
5. Machhi Singh and the Five Categories 353
6. Manoj and the Mitigation Framework 358
7. Capital Punishment and Article 21 363
8. Probation and Suspended Sentence Distinguished 367
9. Plea Bargaining: What It Is 375
10. Plea Bargaining in the United States 380
11. Plea Bargaining in England and Elsewhere 385
12. Plea Bargaining in India Compared With the West 390
13. Plea Bargaining 394

Module 08 Models of Criminal Justice Process

1. The Crime Control and Due Process Models of the Criminal Process 401
2. The Rights of the Victim 406
3. Compensation to Victims, and to the Wrongly Accused 411
4. The Rights of the Accused 420
5. The Presumption of Innocence 425
6. The Powers of the Investigating Officer 430