Crim Just Artefact 2

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    MSc Criminology and Criminal Justice

    Criminal Justice Artefact 2

    Submitted 8th January 2012

    Word Count 2823

    This essay will be looking at the extent to which comparative research methodologies

    can benefit our knowledge and understanding of crime and criminal justice. In order to

    do this it will be particularly focusing on the area of policing between two selected

    countries. It will also be focusing on the countries of England/Wales and Japan. For

    illustrative purposes it may touch upon issues and examples from other countries where

    relevant, but the main focus will be on England and Japan.

    It is aimed at trying to establish and critically analyse whether comparative

    methodologies and comparative research are of use, examples of research methods

    used and inherent difficulties of conducting such research.

    Beirne and Nelken (1997) describe this area of research as the systematic and

    theoretically informed comparison of crime in two or more cultures. Comparing criminal

    justice systems is a method of research as a way of acquiring knowledge. This

    knowledge may then be used to achieve different outcomes and purposes such as

    those detailed below.

    In terms of the values of comparative research Cole, Frankowski and Gertz (1987) list 6

    possible values

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    Key to all of this is also obtaining relevant, accurate and reliable data. The

    methodologies used must be sound and acknowledged methods of research, failure to

    do this might undermine the entire aim.

    Internationalisation has had a large impact on comparative research. For example, with

    the relationship between various EU member states. With the ease of which people

    within the EU can now pass between borders without the need for complicated visa

    procedures this can make analysing crime data an interesting read. Police forces within

    the UK can exchange data far quicker and have greater contact with their international

    counterparts than in years gone by.

    Many policing systems have been studied worldwide, particularly in industrialised

    nations in the western world. The British system of policing differs somewhat from the

    rest of continental Europe in that it is a less military-like police force and is more closely

    linked to the community and local government. Amongst non-western systems of

    Policing, Japan has been greatly researched. Not least because of its intriguingly low

    crime rate. Often this is put down to cultural reasons and a large amount of citizen

    participation and involvement in areas of criminal justice.

    As with most areas of criminal justice, there are schools of thought that can be given a

    label or name. It is not my intention to list and summarise these but to apply them to

    answering the questions laid out at the beginning of this work. Amongst these

    approaches are the relativist, the positivist, the interpretivist method and many more.

    Often, and understandably, a lot of comparative research takes place with immediate

    border countries or those who speak the same language. This is because of a number

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    of reasons such as cross border crime with immediate neighbours being high on the

    political agenda. There is however much to be gained from researching countries and

    jurisdictions that on the face of it may seem a world away. If a particular country is

    excelling in a field of criminal justice, no matter how far away that country or how

    different the culture then it may be worthwhile to study and compare. An example of this

    would be between Policing in the UK and in Japan.

    Whilst crime is crime the world over, the environment and culture in which the crime

    was committed is not always so straightforward and linked, likewise nor is the

    punishment. There are huge social and cultural differences between the UK and Japan,

    not to mention the language barrier.

    Japan has long been seen as a country with a low crime rate. For a relatively small

    country (geographically) it has a population of approximately 124million so could easily

    be referred to as densely populated. It also has one of the highest population to police

    officer ratios in the world, 561:1 in 1995 (CIVITAS 2010)

    The first comparative statistic of note between these two countries is the rate of

    intentional homicide per 100,000 of the population. For England and Wales this figure is

    1.4. For Japan the figure is 0.4 (CIVITAS 2010)

    Further background research into this figure would reveal far more information and

    detail which may be beneficial to knowledge and understanding. Detail such as any

    weapons that were used and what type, ages of offender(s), sex of offenders, were

    victims known to them, any homicides committed under the influence of alcohol or

    drugs. By analysing this data it may increase knowledge and be beneficial in terms of

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    preventing further crimes or educating people about them including ways to combat

    them.

    A relativist approach to this statistic would be to research for anthropological reasons

    and that behaviour is caused by society, which varies from culture to culture. For

    example a male acts differently in the UK than they do in Japan, but each considers

    their behaviour to be normal and acceptable. That would be in stark contrast to a

    positivist approach which assumes that most criminal justice systems have more things

    in common than there are differences. A very crude way of describing this would be that

    there have been a spate of murders involving young males using knives, how is a

    country facing similar problems tackling that problem or what are they trying to do about

    it?

    In a similar vein, and perhaps a more striking figure, is the statistic showing the number

    of recorded rapes per 100,000 of the population - England and Wales 25.6, Japan 1.5

    (CIVITAS 2010)

    If comparative research methodologies could be used to delve deeper into this statistic

    then this would indeed be very beneficial in increasing our knowledge. Again there

    might be reasons behind such a statistic such as were they committed against partners

    or were they stranger offences. Was alcohol involved and could it be explained by a

    drinking culture in the UK that is perhaps not as prevalent in Japan? Are rapes as

    widely reported in Japan, and if not why not? The sharing and analysing of information

    between criminal justice professionals can help develop a better picture of this.

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    In terms of punitivity there is another interesting statistic between the two countries,

    which depending on your school of thought may say a lot about deterrents and effects

    of strong sentencing guidelines. In terms of persons who are convicted and incarcerated

    per 100,000 of the population Japan has a figure of 0.82 which puts it in second place

    on the list of countries surveyed. In contrast to this England and Wales has a figure of

    0.04 (CIVITAS 2010) These figures may not look drastically different, but in terms of

    placings on the league table of persons incarcerated per 100,000 of the population it

    places England and Wales far behind Japan.

    This could perhaps be a reason why in the vast majority of other crimes, England and

    Wales is placed far higher than Japan. Because a larger percentage of criminals in

    Japan face a custodial sentence this might act as a deterrent for committing crime in the

    first place, whereas in England and Wales offenders will gamble on the chance, that if

    caught, they will face a more tolerable punishment. It will never be possible to find a

    deterrent for every person; human nature dictates that people commit crime for different

    reasons. However, the more accurate study that is conducted in this area the more we

    can take appropriate measures to combat it.

    The above data was presented in truth table form which gives the bare statistics alone

    and is presented in a quantitative table format. A qualitative approach would take the

    form of a case study. Criminal Justice issues of course go far deeper and more

    complex than that alone and a form of case study would perhaps gain even more insight

    into what the statistics alone suggest. The case study could take the form of a

    representative case, a prototypical case, a deviant case or perhaps an archetypal case.

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    There are many theories on the reason for Japans seemingly low crime rate and in

    comparison between England and Japan there are clear benefits at looking into policing

    systems in both cultures. Finch (1999) describes Japans policing in that -

    the underlying factors for the success of the Japanese polices ability to combat crime

    can be seen to be their ability to gather a range of information, the general compliance

    and law abidingness of the population, and a legal environment which furnishes them

    with every advantage in the pursuit of suspects.

    The Japanese polices methodology of gathering information could be extremely

    beneficial if shared with other policing jurisdictions and criminal justice professionals.

    Clearly, by simply copying a nations model of policing and attempting to implement that

    into your own it will inherently create difficulties, not least from an anthropological

    viewpoint for starters. In Japan, the police prosecutors office and correctional

    organisations have close relationships and regular co-operation to ensure their systems

    work smoothly. There is also great discretion when dealing with offenders and the

    punishment they receive. Citizens are actively encouraged to maintain public order and

    to take part in crime prevention campaigns as well as being encouraged to apprehend

    or assist in locating wanted offenders.

    It is difficult to discuss comparative and international policing without discussing the

    impact of globalisation. As time goes by and as technology such as the internet has

    developed there has been greater and easier connection between states and countries.

    Likewise, and as a result of the greater connection it has also become far easier to

    share information. The statistical information above was gained at the click of a button

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    and is easily retrievable by any person with internet access. Before the advancements

    of technology this information may still have been possible to obtain but may have taken

    far greater manpower, many years and many hours of work to achieve. This ease of

    information sharing and research can only benefit our knowledge and understanding.

    As stated by Francis Pakes (2010)

    Our worlds are no longer discrete but are intimately connected and we are getting used

    to the fact that happenings elsewhere, even in spheres that are seemingly distant, can

    have an acute economic or cultural impact upon local contexts. Mobility has acquired a

    whole new meaning and potency

    When undertaking a period of comparisons there are inherent methodological hazards.

    One of these is known as criminological tourism. In its simplest form this can be whilst

    spending time in a foreign country you become immersed in the culture almost as if on

    holiday. That you see all of the local community as friendly and interesting, therefore

    rendering the results of any case study or research as potentially flawed. Likewise,

    when studying a country that speaks a different language there are obvious risks of

    misinterpretation. This makes a comparative study between, such as the example of

    England/Wales and Japan potentially very difficult unless done the right way. Statistical

    data is more straightforward than conducting a case study and interviewing people but

    will only show bare facts, more of a quantitative approach.

    Materials referenced when writing this paper have varied in their approaches, from

    relativist through to positivist. They have also differed in what they are seemingly

    looking to achieve from their research, whether that simply be understanding of a

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    system or being focussed on changing a system. There are benefits to all of these

    approaches depending on what the overall aim of comparative research is.

    Earlier on in this paper there are a number of quoted statistics on comparative crimes

    between the UK and Japan. This statistical truth table approach could, if it was the only

    form of information presented, actually weaken the research. This is because it leaves

    more questions than answers, such as what is the actual reason that particular figure is

    so high? This would present the reader with a figure but no actual understanding of

    what lies behind it.

    A totally positivistic or relativistic approach to comparative study could potentially

    weaken its worth and overall benefit to improving knowledge and understanding.

    A relativist approach to comparative research will certainly help bring about

    understanding but not necessarily change. For example studying the rank structure of

    the British Police in comparison with that of the Japanese Police will help us to

    understand the differences. However, to bring about change it would need a more

    positivistic and scientific approaches such as what are the responsibilities of each rank?

    How effective is their work and statistical analysis of it. This could then give more

    informed evidence as to whether one system would work better in the other country.

    The importance of the Japanese Koban in community policing is evident. Different

    approaches to comparatively researching the Koban could bring about very different

    results. Simply writing about what it is, symbolises and does can help us to understand

    it, but it wont bring about change to our own community policing. A piece of research

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    conducted from a different viewpoint, such as a case study from a more positivistic and

    scientific angle could help to change community policing in the UK.

    Methods of research are almost certain to overlap, and increased contact between

    researchers and academics can hopefully help to improve this area. By sharing,

    analysing and even debating data this can lead to improved knowledge and ideas.

    Over the years there has been important and beneficial progress in the area of

    comparative criminal justice research. In this era of globalisation we are now more than

    ever becoming closer together with countries around the world and the ease with which

    we obtain and share information is becoming far greater.

    Identifying the objective and goals of the research is of primary importance in order for

    any beneficial outcome to be reached. Such as what is the research hoping to achieve?

    understanding, change, reform etc. Many styles of research can be followed, specifically

    focussing on one or more areas and in just two countries or a whole region of the world.

    Criminologist Freda Adler (1996) states

    it can be possible for comparative criminal justice research to respond adequately to

    current conditions that have transformed and will continue to transform the world from a

    mere collection of separate nations into an interconnected and interdependent global

    system. Under those circumstances, a comparative approach to criminal justice may

    also hope to usefully contribute to offer solutions to the dilemmas and challenges that

    face criminal justice systems across the globe.

    Despite the above quote being from as far back as 1996, it is still wholly relevant today.

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    As the world continues to grow and faces new challenges, whether that be

    environmental, economic or another, so too will crime and criminal justice continue to

    evolve. If progress can continue to be made in areas of comparative research this can

    be of great benefit. Not all information required will always be available or easily

    obtainable, legislation around data protection and freedom of information has both

    positive and negative aspects to the researcher. Some countries may not record the

    data requested or may not be willing to share it. These are obstacles that any potential

    researcher has to, and will continue to have to overcome.

    The future of comparative criminal justice will provide an interesting challenge for

    researchers and criminal justice professionals, as well as how governments and police

    services respond to these challenges.

    Hands-on and first hand research opportunities will on the whole be more beneficial

    than classroom experiences and equip criminal justice professionals with better skills.

    Internships, placement and work experience are becoming just as commonplace as

    relying on textbooks. In the future, technology and computer based applications may

    handle more and more crime solving tasks, so future criminal justice professionals will

    have to be as proficient at computer analyses as they are at interviewing people and

    gathering data the old fashioned way.

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    Reference List

    Adler, F. Nations Not Obsessed with Crime(1983), Littleton, CO, Fred B. Rothman &

    Co

    Beirne P, Nelken D, Issues in Comparative Criminology(1997), Ashgate/Dartmouth

    Cole G, Frankowski F, Gertz M, Major Criminal Justice Systems(1987), Sage

    Publications.

    Finch A, The Japanese Polices Claim To Efficiency: A Critical View (1999), Cambridge

    University Press

    Harrendorf S, Heiskanen M, Malby S, International Statistics on Crime and Justice,

    European Institute for Crime Prevention and Control, affiliated with the United Nations,

    Helsinki 2010. Retrieved from internet address -

    http://www.civitas.org.uk/crime/crimestats6.php

    Mawby R, Policing Across the World Issues for the 21st Century (1999), London,

    Routledge

    Pakes F, Comparative Criminal Justice(2nd edition) (2010), Devon, Willan Publishing.

    University of Portsmouth, online unit learning materials.

    http://www.civitas.org.uk/crime/crimestats6.phphttp://www.civitas.org.uk/crime/crimestats6.phphttp://www.civitas.org.uk/crime/crimestats6.php