Witnesses, courts, and prisons dealing with foreign crimes are affected by legal traditions, cultural norms, and how the government is set up. This essay examines the prison and court processes of two big countries, China and the US. A made-up case of vehicular manslaughter and drunk driving can show how the justice system works, how offenders are treated, ethical problems, and rehabilitation programs in these two countries. Say a drunk car kills a person walking on the street (Corda & Hester, 2021). This disaster encourages legal attempts that let us look at both countries’ prisons and justice systems. To judge justice, we look at court officials, legal processes, defense lawyers, and how decisions are made in different countries.
Court Systems
Courts must decide who is guilty and punish those who do wrong. The US and Chinese courts are set up, work, and think about law differently. Federalist US courts keep the federal government and state governments separate. The Supreme Court, circuit courts of review, and district courts are all federal courts. Most states have trial courts, intermediate appeal courts, and supreme courts. Both sides fight in front of fair U.S. judges and juries. The people bringing charges must show guilt beyond a reasonable question, while those defending the accused are called “defense counsel.” Indigent convicts will have free lawyers represent them. Case attorneys fight the prosecution, protect defendants, and make plans (Corda & Hester, 2021). Defendants have the right to a fair hearing, to think they are innocent until proven guilty, to question witnesses, and to appeal.
Courts of review review decisions made by lower courts to ensure they are fair and free of legal errors. The appellate process ensures that the law is always the same and that mistakes are fixed. Chinese civil law is based on Confucian and communist ideas. There are three levels of courts: the basic, the intermediate, and the supreme. Patent and administrative cases are handled by courts that are experts in those areas. China’s courts are inquisitorial, meaning that judges look into cases, gather proof, and then decide if someone is guilty. These ways improve the court system and give people more power over the legal process. The rise of the Chinese Communist Party (CCP) makes people worry about the freedom of the courts and the role of politics in making it legal.
Makeup of Court Officers
In the US, Judges are in charge of cases and make sure they are fair. They decide what the proof, motions, and punishments are. District and state attorneys are in charge of prosecuting crimes for the government. They show proof of guilt, question witnesses, and give evidence. Court workers handle case files and other administrative tasks for judges and lawyers. They are needed for court papers. A local jury looks at the facts in a case and makes a decision. The jury has to do what the judge says and make correct decisions.
China’s civil law and hierarchical judiciary set up different court officers nationwide. China has strong courts that watch over, look into, and make decisions about cases. These lawyers do a deeper investigation and talk to witnesses than pushy lawyers. The job of China’s state prosecutors is to start legal processes, look into crimes, and show evidence in court. Along with courts, they ensure that cases are decided fairly and legally. Lawyers help the courts and prosecutors study, make documents, and manage cases (Zhao et al., 2020). The Chinese legal system comprises judges, prosecutors, and court-appointed legal assistants. Defense counsel may be restricted in the proceedings, while prosecutors are expected to influence them significantly.
Hearings and Proceedings: Defendants in both countries have the right to be involved in several legal processes, including arraignment, pretrial conferences, trials before a judge or jury, and sentencing. The goal is safeguarding the defendant’s rights and providing a just trial.
Legal Representation: In the United States of America, the accused individual has the right to legal counsel. We offer complimentary legal aid to assist you in finding a lawyer if you cannot cover the costs. Legal advice is crucial for navigating the intricate legal procedure and building a defense. Legal aid in China might be compelled and less proficient compared with different nations because of limitations on the activities and assets of protection lawyers (Zhang & Caple, 2021).
Fate of the Accused: The outcome of the accused individual is determined by the evidence presented to juries or judges in court. Both countries’ judicial systems require the prosecution to prove guilt beyond a reasonable doubt.
Correctional Systems: The American criminal justice system focuses on punishment, deterrence, and rehabilitation. Given the conditions, a criminal might be condemned to imprisonment, probation, or different projects. Correctional offices offer many types of assistance in their rehabilitation programs, like schooling, professional preparation, and substance fixation treatment. China’s prison system centers on re-schooling through rehabilitation and labor. Wrongdoers might be punished, including local area administration, obligatory medication rehabilitation, or detainment (Zhang & Caple, 2021). Concerns have been communicated over fundamental freedom breaks and an absence of straightforwardness in Chinese prisons.
Experience in Jail: The defendant will probably go through severe security measures, have restricted individual freedoms, and face extreme limitations on getting essential things in the US. Unavoidable concerns at establishments frequently incorporate overpopulation and savagery, yet points of interest might vary. Prison conditions in China can become more stringent, with restricted opportunities and many limitations (Zhao et al., 2020). Then again, there are claims that the public authority is attempting to improve conditions in correctional offices and give essential products.
Rights in Prison: The two nations give specific privileges to their prisoners, including admittance to clinical consideration, support in strict administrations, and the choice to submit questions. The degree of these privileges might vary, and there could be stresses over everyday freedoms infringement in unambiguous conditions (Zhang & Caple, 2021).
Rehabilitation Programs: A few rehabilitation programs in the US assist imprisoned people with reintegrating into society, revamping their scholar and expert lives, and beating substance reliance. These drives intend to help guilty parties. These programs plan to work with a smooth re-visitation of society and lower the recidivism rate. The viability and inclusion of rehabilitation programs in China are logically restricted by government oversight of the prison system and subsidizing limitations (Hu & Liu, 2020).
Ethical Concerns: Issues like racial disparities, clogs, and the utilization of isolation in the American prison system might raise ethical concerns. Contrasting suppositions might exist on the best harmony between punishment and rehabilitation and the adequacy of rehabilitation programs. Common liberties breaks, government mediation in the legal executive, and absence of transparency are conceivable ethical issues in China. Using constrained labor and restricting freedom of speech raises substantial ethical issues.
Recommendation for Program Implementation: China could profit from a recidivism decrease program that incorporates professional preparation and reintegration support, as demonstrated after the program was utilized in the US. Changes might be necessary to enhance execution and comply with neighborhood guidelines and regulations because of contrasts in culture, governmental issues, and foundations.
Evaluation of International Criminal Justice Issues: This study examines the US and China inside the domain of global criminal justice, zeroing in on the likenesses and contrasts they have confronted. Different verifiable, social, and political conditions could influence the way of behaving and needs of the two countries, even though they expect to safeguard public government assistance and maintain legal requests.
Conclusion
In conclusion, the American and Chinese justice systems administer justice differently because of their different systems. The two nations focus on law and order and safeguarding the freedoms of the denounced. However, their novel legitimate practices, institutional designs, and cultural standards influence the techniques and results. A top-to-bottom assessment of these perspectives can offer policymakers and experts a helpful understanding of the complexities and conceivable outcomes of global criminal justice according to participation and change.
References
Corda, A., & Hester, R. (2021). Leaving the shining city on a hill: A plea for rediscovering comparative criminal justice policy in the United States. International Criminal Justice Review, 31(2), 203-223.
Hu, Y., & Liu, L. (2020). Becoming industrious female citizens: Work, discipline, and negotiation in Chinese female prison. International Journal of Law, Crime and Justice, 63, 100420.
Zhang, L., & Caple, H. (2021). The newsworthiness of Li Na—A critical comparative analysis of Chinese and international news media. Language & Communication, 77, 70-80.
Zhao, J., Wang, X., & Zhang, H. (2020). The role of perceived legitimacy and its effect on prison adaptation: A longitudinal study on a Chinese juvenile prison. International Journal of Offender Therapy and Comparative Criminology, 64(1), 100-123.
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