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Comparative,
International,
and

Global Justice
SAGE was founded in 1965 by Sara Miller McCune to support
the dissemination of usable knowledge by publishing innovative
and high-quality research and teaching content. Today, we
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a charitable trust that secures our continued independence.

L o s A n g e l e s | L o n d o n | N ew D e l h i | S i n g a p o r e | Wa s h i n g to n D C
 Comparative,
International,
and

Global Justice
PERSPECTIVES FROM CRIMINOLOGY AND CRIMINAL JUSTICE

Cyndi Banks
James Baker
FOR INFORMATION: Copyright  2016 by SAGE Publications, Inc.

SAGE Publications, Inc. All rights reserved. No part of this book may be reproduced
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B 1/I 1 Mohan Cooperative Industrial Area
Banks, Cynthia, author. Comparative, international
Mathura Road, New Delhi 110 044
and global justice : perspectives from criminology and
India criminal justice / Cynthia L. Banks, James Baker.
SAGE Publications Asia-Pacific Pte. Ltd.
pages cm
3 Church Street Includes bibliographical references and index.
#10-04 Samsung Hub
Singapore 049483 ISBN 978-1-4833-3238-3 (pbk. : alk. paper)

1. Criminal justice, Administration of. 2. Comparative

law. 3. International criminal law. 4. International law
and human rights. 5. Criminology. I. Baker, James (Denis
William James) II. Title.

K5001.B36 2015
364—dc23   2015020344

This book is printed on acid-free paper.

Acquisitions Editor: Jerry Westby
Associate Editor: Jessica Miller
Editorial Assistant: Laura Kirkhuff
eLearning Editor: Robert Higgins
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Proofreader: Penelope Sippel
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Cover Designer: Michael Dubowe
Marketing Manager: Terra Schultz 15 16 17 18 19 10 9 8 7 6 5 4 3 2 1
BRIEF CONTENTS

Acknowledgments xv 8. Transitional Justice:

Justice, Forgiveness, and
About the Authors xvii
Impunity 235
9. The International Criminal
PART I: Comparative Criminology Court 265
and Criminal Justice 1
1. Introduction 3 PART III: Transnational and
Global Criminology 295
2. Comparative Criminal Justice:
Comparing Crime Across 10. Transnational
Countries 19 Crime 297
3. Systems of Law: Common Law, 11. Human Trafficking Across
Civil Law, Socialist Law, Islamic Borders 335
Law, Indigenous Law 31
12. Terrorism 361
4. Policing 57
13. Violence Against Women 409
5. Courts and Criminal
Procedure 97 14. Human Rights and Cultural
Relativism: Female Circumcision
6. Punishment 147 and Child Soldiers 451
7. Juvenile Justice 189
References 495
PART II: International
Criminology 233 Index 529
DETAILED CONTENTS

Acknowledgments xv Countries With Low Crime Rates:

Japan and Saudi Arabia 24
About the Authors xvii
Saudi Arabia 25
What Can Be Learned From
PART I: Comparative Criminology Comparing International
and Criminal Justice 1 Data? 27
1. Introduction 3 How Does the United States
Terminology 5 Compare Internationally? 28
Why Study Global Summary 29
Justice Issues? 6
Globalization 7 3. Systems of Law: Common Law,
New International Civil Law, Socialist Law, Islamic
Crimes 12 Law, Indigenous Law 31
Overview of the Text 13 Common Law Systems 32
Part I: Comparative Roman Occupation of
Criminology and Britain 32
Criminal Justice 13 Anglo-Saxon Period 33
Part II: International Norman Conquest 33
Criminology 15 Henry II 33
Part III: Transnational and Magna Carta 34
Global Criminology 16 Common Law and
Equity 34
2. Comparative Criminal Justice: The Force of Precedent 34
Comparing Crime across Common Law
Countries 19 Offenses 35
Comparing Criminal Justice: Civil Law Systems 35
Methodological Issues 19 Roman Law 36
Cultural Difference 19 Germanic and Local
Searching for the Local 20 Customs 37
Law in Action 20 Canon Law 37
Research Methods 20 Commercial Law 37
Research Approaches 21 Rise of Nation-States 37
International Crime Data 22 Legal Science 38
Constraints in Analyzing Public Law and
International Crime Private Law 38
Data 23 Codification of Laws 38
 The Role of Revolution and Policing Through Global Surveillance
Governance in Shaping Law 39 and the Management of Risk 88
Socialist Legal Systems 40
Legal System of the People’s 5. Courts and Criminal Procedure 97
Republic of China 41 Adversarial, Inquisitorial, and
Islamic Law Systems 42 Hybrid Systems of Criminal Justice 98
Gender and Islam 44 Adversarial and Inquisitorial
The Centrality of Islamic Law 45 Models 98
Sharia and Local Custom 46 Development of the
Islam and Justice 46 Adversarial Model 100
Punishment under Sharia 47 Adversarial Procedures—Comparing
Sharia Law and Modernity the United States and England 101
in Saudi Arabia 48 Inquisitorial Procedure in France 101
Indigenous Legal Systems 51 Reforming the Inquisitorial
Custom and Colonialism 51 Model: Latin America 109
Plural Legal Systems 52 Democratization and Neo-
Codifying Customary Law 52 Liberalism in Latin America 109
Post-Independence
4. Policing 57 Criminal Procedures 110
Organizing Policing 58 Nature and Scope of
Centralization and Adversarial Reforms 111
Decentralization 59 Resisting Reform 111
Civilian and Military Policing Models 61 Training for Reform 112
Colonial Policing 63 Questioning Reforms 112
Evolution of Colonial Policing 63 Reforming the Inquisitorial Model:
Colonial Police Forces 65 Russia and Eastern Europe 113
Policing the Indigenous Peoples 66 The Prokuratura 113
Policing Decolonization 66 Trial Process in the
Democratic Policing 68 Former Soviet Union 114
Elements of Democratic Policing 69 The Jury 114
Global Norms and Standards New Russian Criminal
in Democratic Policing 70 Procedure Code 115
Case Studies of Policing: Criminal Law and Procedure
Russia and China 72 in China 117
Policing in Russia 72 Contemporary Chinese Legal
Policing in the People’s System 119
Republic of China 75 Prosecution Function 119
Police Professionalism, Legality, Courts—History and Function 120
and Policing Structure 77 Courts and Judges—Political
Policing Strategies 79 Influence 120
“Strike Hard” Campaigns 79 Court Structure, Decisions,
Police and Administrative Operations, and Corrupt
Punishments 80 Practices 121
Perspectives on Policing in China 82 Criminal Procedure in China 123
Transnational Policing and International Stages of Trial 125
Cooperation on Policing 83 Prosecutors and the Prosecution
Issues in Transnational Policing 84 Function 127
History of International and Prosecutorial Discretion 128
Transnational Policing 85 Prosecutorial Guidelines 129
European Union and EUROPOL 86 Prosecutors and Independence 130
“High” and “Low” Policing 87 Plea Bargaining 131
 Prosecutorial Adjudication 133 Juvenile Justice Systems:
Police and Prosecutor Relations 134 France, Japan, and China 193
Convergence of Systems France 194
of Prosecution 136 Law of 1912—First Juvenile Courts 194
Prosecuting in Japan 137 Ordinance of February 2, 1945 195
Crime Prevention Policy 1980s 195
6. Punishment 147 Punitive Strategy 1990s 196
The Rationale for Punishment 148 From 2000: The Move to
Punitive Punishment 149 Repression 197
Punishment: Setting Juvenile Crime Data 198
International Standards 152 Juvenile Court System 199
Capital Punishment 154 Role of Prosecutor 200
Comparing Punishments 159 Sanctions and Penalties 201
Punishment in the West: Social, Historical, Japan 203
and Cultural Background 160 Development of Juvenile
Colonial Punishment Regimes 167 Justice System in Japan 203
Africa 167 Japan: Youth Violence
India 169 and Punitive Populism 209
South and Central America 171 Informal Social Controls in Japan 210
Jamaica 172 Victims’ Rights in Japan 211
Criminal Punishment in Japan 173 Juvenile Law: Welfare
Differential Punishments according to or Control Model? 212
Rank and Relationships 174 Data on Juvenile Crime in Japan 213
Public Knowledge of Punishments 175 Japanese Juvenile Justice System 213
Confessions and Torture 175 People’s Republic of China 216
Mitigating Punishments Juvenile Laws in China 217
by Acts of Benevolence 175 Juvenile Crime Data—China 218
Incarceration in the Stockade 176 Chinese Formal Juvenile Justice
Outsider Influences—Gaijin System 219
and the Meiji Restoration 176 Informal Social Controls in
Prisons, Flogging, and China 222
Colonization 177 Globalizing Juvenile Justice 223
Criminal Punishment in China 178 Convergence and
Punishments From Traditional Juvenile Justice Policy 223
to Modern Times 179 Convention on the Rights of the Child
The Punishment of Reform and Associated Instruments 224
Through Labor (Laogai) 184 Committee on the Rights of the
“Strike Hard” Campaigns 184 Child—Concluding Observations on
States’ Juvenile Justice Systems 226
7. Juvenile Justice 189
Childhood, Criminal Responsibility,
PART II: International Criminology 233
and Juvenile Justice Systems 190
Minimum Age of 8. Transitional Justice: Justice,
Criminal Responsibility 190 Forgiveness, and Impunity 235
Juvenile Justice Systems: International Crimes: Governments,
Commonalities and Trends 191 Citizens, and Violence 236
Welfare/Protection and Crime Control/ The Origins and Growth
Justice Models of Juvenile of Transitional Justice 237
Justice 192 Transitional Justice and
The Shift Toward a Crime the Rule of Law 238
Control/Justice Model 193 Modes of Transitional Justice 239
 Theorizing Transitional Justice 239 Preconditions for Exercise of
Amnesty and Impunity, or Jurisdiction 270
Punishment? 240 Principle of Complementarity 270
Prosecutions for Past Abuses 240 Trigger Mechanisms 271
Limited Punishment 241 Punishment 272
Transitional Amnesty and U.S. Opposition to the International
the Grant of Impunity 241 Criminal Court 272
Seeking and Telling the Truth: Prosecutions 272
Truth Commissions 243 Accountability 273
Geography of Truth UN Security Council and the
Commissions 245 International Criminal Court 273
Reparations: Compensating for U.S. Nationals 274
Abuses 246 Countering the International Criminal
Forms of Reparation in Court: U.S. Responses 274
Transitional Justice 246 American Servicemembers’
Lustration and Transforming Protection Act (ASPA) 274
State Security 247 Nethercutt Amendment 274
Origins of Lustration 247 Article 98 Immunity Bilateral
Contemporary Lustration 248 Agreements 275
Case Studies in Transitional Peacekeeping 275
Justice: East Timor and Rwanda 248 Changes in U.S Attitude Toward the
East Timor: Dealing With the Past— International Criminal Court 275
Investigating, Prosecuting, and The International
Truth-Seeking Institutions 251 Criminal Court in Action 276
Assessment: East Timor 253 Inquiries, Arrests, Prosecutions,
Rwanda: Planning and and Trials Since Inception 276
Execution of the Genocide 256 The Prosecutor and the Office of the
Rwanda Gacaca Courts 257 Prosecutor 280
Assessments: Rwanda 260 Discretion to Prosecute 280
Observations and Critiques: Oversight of the Prosecutor 281
Transitional Justice 260 Prosecutorial Strategy,
Regulations, Policy Papers 281
9. The International Admissibility and Jurisdiction 281
Criminal Court 265 Time, Declining to Initiate
International Criminal Law 266 Investigation 283
International Crimes 266 Pre-Trial Chamber and Arrest
Sources of International Warrants 283
Criminal Law 266 Investigations and Resources 283
Liability of States and State Cooperation, Policing, and
Individuals for Criminal Acts 267 Enforcement Powers 283
International Criminal Tribunals 267 State Noncooperation 284
Creation of the International Criminal The International Criminal
Court 267 Court and Transitional Justice 284
Drafting of the Statute of the Victims and the International Criminal
International Criminal Court 286
Court, 1994–1998 267 Qualifying as a Victim 287
Statute of the International Criminal Victim Participation 287
Court 269 Office of Public Counsel for
Jurisdiction of the International Victims 288
Criminal Court 269 Victim and Witness Protection 288
 Victims and International Cybercrime as Transnational
Criminal Court Trial Practice 288 Crime 326
Reparations and Trust Cybercrime in the United States 326
Fund for Victims 288 Combating Transnational
How Effective Is the Cybercrime 327
International Criminal Court? 289 Combating Transnational Crime 328
Critiques of the Concept
of Transnational Crime 329
PART III: Transnational
and Global Criminology 295
11. Human Trafficking Across Borders 335
10. Transnational Crime 297 The International Legal Framework
Definitions and Explanations of the Prohibiting Human Trafficking
Concept of Transnational Crime 298 and Providing for Victims of
The Growth of Trafficking 336
Transnational Crime 299 Prostitution and
Factors Fostering Opposing Feminist Positions
Transnational Crime 299 and the Palermo Protocol 337
Drug Trafficking 302 “White Slavery” 338
United States and Illicit Drugs 303 Sex Trafficking 339
Colombian Drug Cartels 304 What Accounts for Human
Mexican Drug Cartels 306 Trafficking? 339
International Drug Control— Scale of Human Trafficking 340
Treaties 306 Trafficking as a Transnational
U.S. Anti–Drug Trafficking Criminal Enterprise 341
Strategy 306 Trafficking as Business 342
Arms Trafficking 309 Recruitment and Transportation
Controlling the Trade in of Trafficking Victims 342
Weapons 309 Obtaining Residence in
The Value of Arms Trafficking 310 the Receiving Country 343
International Action Against Arms Controlling Victims of Trafficking 344
Trafficking 311 Labor Trafficking 344
Arms Brokers 312 Sex Tourism 345
Smuggling of Nuclear Materials 313 Organ Trafficking 346
Money Laundering 314 Trafficking of Minors 347
The Money Laundering Process 314 Regional Trafficking 348
Methods of Laundering Money 315 Asia 348
Offshore Financial Centers 316 Eurasia and Eastern Europe 348
Countering Money Laundering 317 Europe 349
International Action to United States 350
Combat Money Laundering 317 Mexico and U.S. Border 351
U.S. Measures to Counter Latin America and Africa 352
Money Laundering 318 Countering Human Trafficking 353
Trading in Endangered Species 319 Victim Protection 353
Terrorism Financing 320 Prosecution and Migration-
Colombia and Narco-Terrorism 321 Crime-Security 354
International Suppression U.S. Trafficking Policy 354
of Financing of Terrorism 322 Trafficking as a Human Rights
Countering Terrorist Financing 322 Violation 356
Transnational Cybercrime 323 Repatriation and Re-trafficking 356
Types of Cybercrime 324 Assessment of Strategies 356
12. Terrorism 361 UNiTE to End Violence
Explanations and Definitions Against Women 421
of Terrorism 362 National Strategies to Combat
Guerrilla Warfare and Terrorism 365 Violence Against Women 421
State Terrorism 366 Policy Strategies: Government
The Evolution of Terrorism 367 Responses to Violence Against
The “New Terrorism” 373 Women 422
Religion, Violence, and Terrorism 375 Nongovernmental Watch Groups 424
Understanding Jihad Crime-Centered Approach:
and Radical Islam 376 Britain and the United States 424
Religious Extremism in Islam 377 Dissemination and Diffusion of Global
International Law and Terrorism 380 Norms on Violence
Treaties Associated With Against Women 425
Terrorism 381 Country Profiles: Domestic Violence 426
Counterterrorist Responses: Russian Federation 427
United States, Germany, and India 382 Nicaragua 430
United States 383 Ghana 432
Germany 386 Summary 437
India 390 Violence Against Women:
Terrorist Groups 396 Honor Crimes 437
Hamas 396 Honor Crimes in Court 439
Boko Haram 399 Honor Crimes:
International Responses 440
13. Violence Against Women 409 Violence Against Women: Armed
Violence Against Women Conflict 441
and Domestic Violence: Rape, Women, and Armed
Definitions and Explanations 410 Conflict 441
Measuring Domestic Violence 414 International Rules Concerning
Theories Concerning Domestic Wars and Armed Conflicts 442
Violence 415 Rape Under International
Violence Against Women: Humanitarian Law 443
International Advocacy 417 Defining Rape Under
Violence Against Women: International Law 443
International Action 418 Rape as a Violation of International
Women’s Rights as Human Rights 418 Humanitarian Law 443
The Universal Declaration Rape as Torture:
of Human Rights 1948 419 The Former Yugoslavia 444
Convention on the Elimination Rape as a Crime Against Humanity:
of All Forms of Discrimination The Former Yugoslavia 446
Against Women (CEDAW) 419 Rape as Genocide: The
Optional Protocol to the Former Yugoslavia 447
Convention on the Elimination
of Discrimination Against 14. Human Rights and
Women 419 Cultural Relativism: Female
Declaration on the Elimination of Circumcision and Child Soldiers 451
Violence Against Women 1993 Female Circumcision 452
(DEVAW) 420 Terminology 452
The Fourth World Conference What Is Female Circumcision? 452
on Women’s Platform Origins of Female Circumcision 453
for Action, Beijing 1995 420 Age of Female Circumcision 453
 Health Risks of Female Changing the Practice of Female
Circumcision 454 Circumcision: What Works? 468
Performing Female Circumcision 454 Prohibiting Female
Methods of Performing Female Circumcision by Law 469
Circumcision 454 Effective Strategies
The Geography of Female and Programs 471
Circumcision 455 Progress in Eliminating Female
Female Circumcision and Islam 456 Circumcision 473
Colonial Activity to Combat Child Soldiers 474
Female Circumcision 457 Modern Forms of
Cultural and Social Context Warfare and Child Soldiers 475
of Female Circumcision 457 “Old Wars” and “‘New Wars” 475
Marriage 457 Why Use Child Soldiers? 476
Gender Identity 458 Child Soldiers in Combat 477
Tradition and Culture 459 Context of Child Soldiering 478
Ritual 459 Questioning Childhood 480
Cultural Relativism and Girl Soldiers 481
Female Circumcision 459 Coercion, Agency, and Victims 482
Cultural Relativism and Constructing Child Soldiers—
Female Circumcision as Recruitment and Training 483
Violence Against Women 460 Agency and Victims 483
Western Feminist Patterns of Retention 484
Perspectives on Female Escape 485
Circumcision and Responses 462 Internationalizing the Child
International Action to Eliminate Soldier: Victim and Perpetrator? 485
Female Circumcision 464 Internationalization
Female Circumcision as a and Representation of
Harmful Traditional Practice 464 the “Child Soldier” 485
Eliminating Female Circumcision 465 International Norms
Child Rights and Female Concerning Child Soldiers 486
Circumcision 465 Victims and Perpetrators 487
Female Circumcision as a Reintegrating and
Violation of Women’s Rights 465 Restoring the Child Soldier 490
Female Circumcision and
Sexuality 466
References 495
Claims for Asylum Based on the
Practice of Female Circumcision 467 Index 529

Visit the companion website at http://study.sagepub.com/banksbaker

for access to valuable instructor and student resources for Comparative, International,
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ACKNOWLEDGMENTS

Publisher’s Acknowledgments
Dick T. Andzenge, St. Cloud State University
Joseph Appiahene-Gyamfi, University of Texas–Pan American
Mikaila Mariel Lemonik Arthur, Rhode Island College
Timothy J. Brazill, Bridgewater College
Bianca Buliga, Thunderbird School of Global Management
Ryan M. Getty, Tarleton State University
Ralph Grunewald, University of Wisconsin
Timothy C. Hayes, University of North Georgia
Patrick Ibe, Albany State University
Seokjin Jeong, University of Texas at Arlington
Peter Johnstone, University of North Texas
Mitchell B. Mackinem, Claflin University
Abu Mboka, California State University–Stanislaus
Phillip D. Schertzing, Michigan State University
Robert M. Worley, Texas A&M University–Central Texas
Glenn Zuern, Albany State University

xv
ABOUT THE AUTHORS

Cyndi Banks is a professor of criminology and criminal justice and Dean of

University College at Northern Arizona University. She has more than 24 years
experience of research and project implementation in developing countries in the
fields of juvenile justice, probation, justice policy, and child rights. She has worked
as a criminologist in Papua New Guinea, Bangladesh, Iraq, Kurdistan, Timor
Leste, Sudan, and Myanmar. She is the author of numerous articles and books,
including Criminal Justice Ethics; Youth, Crime and Justice; Developing Cultural
Criminology: Theory and Practice in Papua New Guinea; and Alaska Native
Juveniles in Detention.

James Baker is a British lawyer now residing in the United States. He holds an
LL.M. from London University with a specialization in law and development and
has 30 years of experience working as a lawyer and researching rule of law and
access to justice issues in Papua New Guinea, Bangladesh, Afghanistan, Iraq,
Malawi, Sierra Leone, Fiji, and Timor Leste.

xvii
PA R T I

Comparative Criminology
and Criminal Justice
1
Introduction

T
his text addresses a wide range of topics relevant to criminology,
criminal justice, and global justice. We use the term global justice to
signify the totality of the fields of criminology included in the text,
namely, comparative, international, and transnational and global criminol-
ogies. Although wide-ranging, the text does not sacrifice breadth for depth:
discussion of each topic is characterized by a comprehensive contextualized
account of a contemporary global justice issue and a critical approach.
Specificity is a fundamental quality of topic discussions, and the analysis of
topics and issues is scholarly but accessible, often taking the form of case
studies and country profiles.
Criminology, it has often been said, is a parochial and ethnocentric disci-
pline (Hardie-Bick, Sheptycki, and Wardak 2005, 1). As Paul Friday (1996, 231)
puts it, “Criminal justice education in general has taken a narrow, pedantic
view stressing knowledge of our own system and the dominant American
theories of crime. If any comparative material is introduced into the curricu-
lum, it is generally offered as a single special-topics course.” As he correctly
notes, this “reinforces the notion that the way things are done in the United
States is the only way to do things.”
This text aims to enhance criminology and criminal justice education by
its focus on some of the issues engaging criminology worldwide and to pre-
pare students for a future in which fields of study such as transnational crime
are unexceptional. Not only is this important because society is now global
but the topics discussed here challenge us to confront important moral,
social, cultural, and political issues. The approach taken in this text recog-
nizes the changes that have occurred in the study of criminal justice interna-
tionally, many of which can be ascribed to the process of globalization.
We agree with David Nelken (2013, 9) that the increased interest in global
criminological issues has “so far gone largely hand in hand with a continua-
tion of the older type of comparative enquiries” and “trying to keep com-
parative and globalization issues strictly apart has little to recommend it.”
René Van Swaaningen (2011, 133) gives three reasons for the emergence of a
global criminology: the need to look beyond Western models in order to
understand worldwide changes; the challenges to the sovereignty of the
nation-state brought about by globalization; and the emergence of crimino-
logical challenges with a global scope and effect necessitating a shift from
traditional levels of analysis. David Friedrichs (2011, 170) agrees that the
traditional criminological framework is limited and that to be relevant in this
century criminology “must increasingly become comparative international
3
4 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

and global.” Piers Beirne (2008, vii) declares that global issues, including topics such as global
a comparative approach is limited because it can- trends in policing, security, convergences in
not capture “the full complexity of globalization” criminal justice and penal policy and interna-
but that “comparative criminology will remain a tional criminal justice, war crimes, and human
crucial avenue of inquiry for global criminology” rights protection. Generally, many international
(p. ix). We agree with these perspectives, and this criminology scholars agree that trying to keep
text therefore incorporates issues of global, trans- comparative and globalization issues apart has
national, international, and comparative interest little to recommend it.
and concern. Francis Pakes argues that comparative criminal
It used to be that criminology and criminal justice is “losing its relevance” (Pakes 2010, 17).
justice studies included only comparative crimi- For one reason, it typically compares and contrasts
nal justice or comparative criminology in a typi- phenomena in different cultures, and the diffuse
cal undergraduate degree course. This topic interrelations and complications caused by global-
commonly involved a discussion of how various ization are simply ignored or understated.
countries (predominantly Western) organized However, Francis Pakes believes comparative
their justice systems. Sometimes, additional top- study will remain a useful tool in inquiries into
ics, such as terrorism or international police globalization and transnationalization. The com-
cooperation, were added. With the advent of parative approach, he points out, is a matter of
globalization, international cooperation in crimi- methodology, whereas globalization is an object of
nal justice in areas such as policing, the increas- study. Another scholar, author of a recent text that
ing internationalization of law (especially does not follow the traditional form, seeks to show
criminal law), and the growth of transnational the complex processes through which the global
crime, it became apparent to many scholars that and the local are intertwined and does not spend
the traditional presentation of comparative crim- time comparing individual countries. Her text
inal justice did not equip students with the looks at convergences in criminal justice policy,
knowledge they needed to understand how jus- trafficking of persons internationally, migration,
tice issues are organized globally. transnational crime, cyberspace, and other global
Scholars active in the international, global, criminal topics. Katja Aas suggests the compara-
and comparative fields of study have commented tive approach to criminology should be distin-
on how the traditional approach has been chang- guished from global and transnational
ing. For example, Nelken (2011a, 1) has asked perspectives. Her objective is to look at the global
how the field of traditional comparative crimi- and transnational as an increasingly salient
nology has been affected by globalization. He explanatory factor and frame of criminological
and others have noted that traditional compara- reference (Aas 2007, 86).
tive studies accept national state boundaries and European scholars of comparative study point
focus on explaining differences in national laws to differing conceptions in legal systems and ask
and practices. However, what of the fact that whether the comparative approach in fact com-
there are now multiple global links relating to pares like with like or whether it simply assumes
crime threats and criminal justice responses? system and conceptual universality (Brants 2011,
Arguably, students now need to understand how 57). In attempting to understand the culturally
the nation-state or other locally based justice determined meaning of concepts of and in law,
practices shape or resist global trends. The over- they call for data on the social context in which
all issue is to what extent globalization should be systems of justice function and about their effects
integrated into comparative textbooks and what on society or about social change and its effects
comparative work might have to say to students on the law. This, they say, points to the desirability
about globalization. of an interdisciplinary approach (Brants 2011, 55;
It is argued that the cross-cultural study of Rothe and Freidrichs 2015, 3). It is also contended
crime and justice has evolved from a compara- that most comparative studies remain too much
tive or international approach to what is now on the surface and do not put the phenomena at
being called a transnational or global approach study in their specific structural and cultural con-
to crime and justice (Larsen and Smandych text: a more interpretative, cultural paradigm for
2008, xi). Thus, comparative approaches are comparative criminology is needed (Van
inadequate to capture the complexity of these Swaaningen 2011, 125). Certainly comparative
 Chapter 1 Introduction 5

textbooks have long been criticized for failing to We maintain that debates concerning the rec-
explain the social context in which law and crime ognition of the process of globalization as a field
exist and operate. Nelken has noted that most of study for criminology and the compatibility of
work in comparative criminology does not really comparative and global studies in criminology
engage in questions of explanation or interpreta- are now concluded in favor of the relevance and
tion. The pivotal question of why things are dif- importance of global justice studies, and this text
ferent is not answered, and comparison by reflects that idea. We have therefore opted for an
juxtaposition often leads to a dead end (Nelken approach in this text that provides students with
2011c, 185). a set of topics in comparative, international, and
Others argue that global and national penal transnational and global criminology. Whereas
law and practice interact, leading to the conclu- the comparative studies are of topics commonly
sion that both studies of globalization and cross- contained in textbooks, the range and depth of
national comparative research are needed and the transnational and global topics are not found
must be closely linked. Given that globalization in other similar texts.
is a powerful process that affects criminal justice
and penal policies in many countries, compara-
tive penal studies that treat countries as inde- Terminology
pendent units of analysis can no longer be
justified. Instead, broader comparative analyses
The most comprehensive explanation of the ter-
are needed (Savelsberg 2011, 82). Consequently,
minology now being used in the various fields of
Richard Vogler argues that “criminal justice can
comparative, international, and transnational
no longer be seen as a purely local phenomenon”
and global criminology is that of David Friedrichs
(Vogler 2005, 3).
(2011, 167), who has put forward the following
Looking at the effects of globalization, John
classification and explanation of the fields of
Muncie (2011, 87) explains that because of glo-
study that collectively comprise what we have
balization, a more complex and transnational
termed global justice:
level of analysis is thought necessary. State sover-
eignty in criminal justice seems to be challenged
•• Comparative criminology addresses the nature
by international courts, human rights conven-
of the crime problem and the form and
tions, multinational private security enterprises,
character of criminal justice systems in
cross border policing, policy networks, and flows
countries; a comparative criminology provides
and technologies of global surveillance. As well,
crucial data and information necessary for
global governance and transnational justice have
refining an understanding of an evolving
tended to proceed from a Western perspective,
globalized context for crime and criminal
and globalization has been applied predomi-
justice, the core project of a global criminology.
nantly to transformations in Western and
Anglophone countries. An important issue is how •• Transnational criminology is focused
to adequately address the impact of the global on principally on transnational or cross border
the local, or vice versa, when most criminal jus- forms of crime and endeavors on various levels
tice research continues to be parochially based in to control and respond effectively to such crime.
national or local contexts.
•• International criminology focuses on
Arguing for comparative and transnational
international crime or crime that is widely
studies to be combined, James Sheptycki (2011,
recognized as crimes against humanity, and
145) suggests that criminology should foster
international law and the institutions of
both transnational and comparative studies
international law.
because “patterns of governing through crime are
becoming more general and more transnational.” •• Global criminology is best applied to the study of
Criminology ought to be both comparative and the evolving context within which crime and
transnational. An attempt to move toward a glo- criminal justice now exist. A global criminology
balizing criminological perspective has the merit increasingly provides a crucial context within
of bringing crimes that have been neglected, such which the concerns of comparative criminology
as state crimes (including genocide), into better and also transnational and international
focus (Nelken 2011c, 201). criminology must be understood. In recent years,
6 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

we have seen more texts that adopt a humanitarian law, crimes against humanity and
transnational, international, or global focus. The the related developments in international crimi-
traditional criminological framework and focus is nal and transitional justice in the last 20 years.”
increasingly limited and inadequate for a rapidly Bowling (2011, 363) perceives global criminol-
changing twenty-first century world. To be ogy as aspiring “to bring together transnational and
relevant now, criminology must be increasingly comparative research from all regions of the world
comparative, international, and global. to build a globally inclusive and cosmopolitan dis-
cipline.” In addition, Bowling (2011, 365) suggests
Other commentators have proposed explana- that the distinction between transnational and
tions that are broadly in accord with Friedrich’s global criminology is one of scope. Thus, the global
analysis and have also identified where particular “speaks to the idea of processes that involve, or at
fields of study overlap or might link with others, least aspire to involve, the whole world considered
revealing the impossibility of precisely fixing the in a planetary context” (italics in original).
boundaries between the fields of international, This text adopts a classification of compara-
transnational, and global. For example, Pakes tive, international, and transnational and global
(2004, 141) points out that transnational crimes criminology. Attempting to differentiate the
are offenses that involve more than one country transnational from the global is problematic. For
in both their inception and effects (e.g., money example, the topic of human trafficking across
laundering, drug trafficking, Internet crimes). borders falls within both categories because it
Richard Bennett (2004, 6) explains that this field possesses both a bilateral and a multinational or
of study explores the way in which cultures and global scope and is the subject of global action
states deal with criminality that transcends bor- intended to counter it. There are numerous links
ders rather than simply comparing the countries between the topics in this text; for example, vio-
involved. Ben Bowling (2011, 363) sees transna- lence against women in armed conflicts links
tional criminology as going beyond the boundar- international criminology in the form of interna-
ies of comparative analysis “to explore problems tional humanitarian law with the globalism of
that do not belong exclusively in one place or women’s human rights. Terrorism involves ele-
another and can therefore only be understood by ments of international criminal law through the
analyzing linkages between places” (italics in orig- various treaties that expressly sanction forms of
inal). Michael Kearney (1995, 548) distinguishes terrorism but is also global in scope because it
transnationalism from globalization in terms of occurs in numerous states. One question is
the former overlapping the latter but with a “more whether international processes on a topic, such
limited purview.” As he puts it, “Whereas global as setting norms or standards or imposing duties
processes are largely decentered from specific on states in treaties, assign that topic to “the whole
national territories and take place in a global world” global criminology described by Bowling.
space, transnational processes are anchored in The categorization we have adopted should be
and transcend one or more nation states.” seen as providing an organizational framework for
Nelken (2011c, 198–99) suggests that interna- a set of topics that link and overlap. We have indi-
tional criminal justice encompasses a range of cated in each topic where there are links and con-
questions regarding international relations, nections to other topics that will enhance the
human rights, truth commissions, restitutive jus- knowledge and understanding of a particular topic.
tice, and transnational justice, but studies under
one branch are linked to other branches; for
example, internal human rights conventions have
implications for issues such as corruption, terror- Why Study
ism, and immigration and also for the duration Global Justice Issues?
of ordinary criminal trials. Freda Adler (1996,
223) refers to international crime as being consti- It has been suggested that reasons for studying
tuted by approximately twenty crimes recognized criminal justice comparatively include academic
by international law, including genocide, viola- curiosity; preventing ethnocentrism; studying sys-
tions of human rights, war crimes, and forms of tems in neighboring countries to produce the
terrorism. Ruth Jamieson and Kieran McEvoy practical benefit of enhancing levels of cooperation
(2005, 505) refer to “violations of human rights, between those countries, such as in relation to
 Chapter 1 Introduction 7

cross border activities and fighting transnational notion of borrowing ideas from other systems
crime; gaining benefit from simply learning from can extend to determining what amounts to “best
others’ experience, such as in the case of criminal practice” in a particular field (Bennett 2004, 9).
justice policy initiatives that might be suited to A benefit in theoretical terms may arise from
other countries; studying the ways of other coun- comparative studies where particular crimino-
tries to illuminate the way we do things in our own logical theories can be tested for their generaliz-
country (Pakes 2010, 2–7). ability in varying environments and adjusted as
Other scholars argue that comparing is essen- necessary for a particular society or can be
tially part of the process of critical thinking. In revealed as being of limited applicability because
broad terms, comparing is a way of gaining of variances in cultures (Bennett 2004, 9; Birkbeck
understanding of our world. We compare to 1993, 307). The fundamental aim here has been
learn from the experience of others. Comparing described as testing whether the claims of crimi-
confers benefits in the fight against transnational nology constitute more than merely local truths
crime (Dammer and Fairchild 2006, 8). (Nelken 2010, 14). It is through such studies that
Philip Reichel (2013, 3–5) points out that under- non-Anglo-American criminologists may become
taking comparative studies extends a person’s more reflexive and put aside assumptions and
knowledge beyond his or her own group because beliefs about how non-Anglo-American systems
viewing the commonalities and divergences sug- of justice are conceived and work in practice
gest how one’s own society can be improved. (Nelken 2002, 176).
Studying the justice systems of other countries is Although these authors explain the rationale
important because the international perspective specifically for comparative studies, the same or
is newly discovered in the U.S. criminal justice similar arguments can be made for global justice
curriculum and the utility of that study must be studies of the kind included in this text. Now that
demonstrated. A comparative approach offers the local and the global are so thoroughly inter-
insights into the U.S. system and challenges connected, ignoring the international dimensions
assumptions and the status quo, for example, that of criminal justice and criminology is difficult to
the United States has the world’s best criminal justify. Thus, it is not so much that international
justice system. In addition, comparing can gener- studies that focus only on the comparative approach
ate new ideas for improvement of existing sys- are dated but rather that such studies in some form
tems and substitute a global perspective for a ought now to be mandatory in any criminal justice
local parochial one. Where criminal justice prac- or criminology undergraduate course of study. This
titioners and professionals of one country are text reflects the latest academic perspective on
aware of policies and systems of practice else- global justice studies.
where and internationally (e.g., the many treaties
and conventions formulated under United
Nations auspices that set norms and standards in
Globalization
the field of criminal justice), they are more easily What is globalization, how is it explained, and
able to interact with others and understand the what is the articulation between globalization
elements and scope of the global justice environ- and criminology? We should be clear that terms
ment. Bilateral and international cooperation in such as international criminology and transna-
the field of criminal justice therefore benefits tional and global criminology signify categories of
from adopting a global perspective. criminology that are nondomestic. In other
Chrisje Brants (2011, 53), similar to Pakes, words, in a general sense, they are intended to
suggests that “pure intellectual curiosity” is one describe a criminology that extends beyond the
reason for the comparative approach and that nation-state and engages with topics that in a
another is to borrow ideas from other systems broad sense are connected to the project of
that seem more effective in policy terms or are criminology. This may mean they are associated
more cost effective. Also, the need for harmoni- with the criminal law, or with justice, or with
zation of systems in the European Union makes systems of justice, and so on. An example of this
comparison a necessity. However, Brants points criminology is the work of Joachim Savelsberg
out the most important reason is that compari- (2010) on how to apply criminological knowl-
son enables a greater understanding of one’s own edge to international crimes of genocide and
system, both in terms of virtues and defects. The violations of international humanitarian law.
8 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

For criminologists, globalization is not in itself no longer follow territorial boundaries: they
an especially meaningful term unless it is con- operate both globally and locally. In the develop-
nected to criminology in some fashion. The rea- ing world, as Sally Engle Merry (2006b, 42)
son is that globalization is a process: it is not a observes, local activists disseminating the dis-
structure or framework or a theoretical construct course of human rights become “human rights
that necessarily implicates criminology. In broad translators” and “reframe local grievances up by
terms then, globalization as a theoretical con- portraying them as human rights violations. . . .
struct is usually explored through its links to top- They remake transnational ideas in local terms.”
ics where it clearly has an effect and impact. These distant actions include the exercise of
Obvious areas of connection are the environment, power at a distance, for example, decisions of the
communications, and economic affairs generally. International Monetary Fund (IMF) that impact
Globalization as a process is discussed in terms a state’s economy. However, the local should not
of its impact on many of the topics in this book, be regarded as a tabula rasa on which to imprint
for example, in policing, in human trafficking, the effects of globalizing processes. “Rather, the
and in juvenile justice. Globalization is a relevant local is always already the social and historical
part of those and other topics because it is a force product of movement, interaction and exchange”
that affects how they work. For example, global- (Inda and Rosaldo 2008, 38).
ization has been a prominent feature in analyses For John Tomlinson (1999, 2) the key element
of how justice policies, both adult and juvenile, in globalization is “complex connectivity,” which
are arguably converging and imposing a common refers to the “network of interconnections and
model worldwide. Similarly, globalization has interdependencies that characterize modern
impacted crime so that crime is now transna- social life.” Connectivity therefore operates as a
tional, and globalization has required states to framework within which criminal actors can cre-
cooperate on issues that are no longer purely ate and seize opportunities across spaces using
domestic in scope, for example, on policing. rapid and covert forms of communication, inter-
There is an enormous literature on globaliza- national modes of transport, and international
tion, and it is possible here to give only a broad markets. It also refers to a capacity to access
sense of how it has been explained, why some global flows from a fixed locality, for example,
analysts contest its existence, and how theorists the placement of illicit funds to be laundered
see globalization developing as a force in the through the international banking system.
future. We therefore sketch out the concept of Globalization should be distinguished from
globalization and then look at its application to internationalization, which relates to indepen-
criminology, taking account of how criminologists dencies between bounded national states (Held
have addressed globalization as a topic of concern. and McGrew 2007, 3). Examples of international-
ization are state arrangements for the extradition
of offenders or policing cooperation in border
Explaining Globalization control between contiguous states or in surveil-
Globalization has been a subject of intensive lance activities (see Chapter 4).
scholarship since the 1990s. There are many Scholars disagree about whether globalization
scholarly formulations of its meaning and one is a new phenomenon. Many argue that it has its
most often cited is that by Anthony Giddens roots in the past. For example, Manfred Steger
(1990, 64): “the intensification of worldwide (2009, 19–37) provides a timeline of five histori-
social relations which link distant localities in cal periods from the prehistoric (10,000–3500
such a way that local happenings are shaped by BCE) until the present day and is able to identify
events occurring many miles away and vice elements of globalization in each period with the
versa.” Steger (2009, 15) offers a compressed modern period from 1970 exhibiting a striking
definition of the term: “Globalization refers to expansion of “worldwide interdependencies and
the expansion and intensification of social rela- global exchanges.”
tions and consciousness across world-time and In the debate about where the core or essence
world-space.” In other words, it describes the of globalization is located, many argue that it lies
condition of a contracting world where local in the field of economics and international
developments can be traced to distant conditions finance. Certainly, the processes and impact of
and actions. For example, terrorism and crime globalization are most easily seen in how national
 Chapter 1 Introduction 9

economies have become intertwined and how not the outcome of globalization (2007, 7, 19).
capital and international trade flow worldwide. For reasons of space we cannot explore further
Scholars point to the rise and increased power of the detailed contentions about globalization.1
multinational corporations as well as the creation Arguably, however, globalization’s master narra-
of international financial institutions such as the tive is economic and financial, whereas other
IMF and the World Bank and to the promotion dimensions, such as the political and cultural,
of the free market and of capitalism worldwide by are received with more skepticism or with out-
democratic states and by these multinational and right rejection.
global institutions.
Globalization also has a political dimension Globalization, Criminal
where a dominant argument is that the power of
the nation-state has been weakened in the face of
Justice, and Criminology
globalization—the so-called hollowing out of the As we have noted, criminology has tradition-
state—and that since the 1960s, governance has ally concerned itself with domestic crime and has
been “deterritorialized” as national political power been mindful of keeping within state boundaries.
has been reconfigured and captured by global As Russell Hogg (2002, 194) expresses it,
social formations (Steger 2009, 63). The demise of “Criminology has largely taken the form of a
the nation-state is visible, it is claimed, in the technical-rational project in the diagnosis and
growth and empowerment of supranational insti- management of crime and marginal disorders
tutions and in the expansion of global civil society. within the state.” It is only relatively recently that
In its cultural dimension it is argued that glo- criminology has begun to respond to the global-
balization, chiefly through the Western cultural ization of crime and to issues of global justice by
matrix of Hollywood and consumerism, is driv- expanding its reach to better comprehend these
ing the homogenization of popular culture so that harms. Criminology has been urged to draw on
in time a universalization of culture will over- and interact with other disciplines such as inter-
whelm all other forms of diversity (Steger 2009, national relations, economics, and environmen-
71). Most commentators agree that although tal studies in advancing understanding of the
homogenizing cultural tendencies exist, this is a consequences of globalization for global justice
far cry from contending that local cultures will be and crime (Mehigan, Walters, and Westmarland
obliterated. Annette Robertson (2012), rejecting 2010, 247).
the homogenization theory, has coined the term In criminology, the global is increasingly a
glocalization to describe a contrary process in frame of reference, and its relevance to the disci-
which the global meets the local in a complex pline is now generally acknowledged. Arguably,
interaction that produces cultural hybridity. the field of criminal justice and criminology in
Ecological globalization is readily accepted as the United States continues, however, to give
a dimension of globalization because action to much less attention to influences and knowledge
counter climate change, cross border pollution, from beyond even while European studies and
population growth, biodiversity, and a host of those emanating from international organiza-
other ecological issues necessarily requires inter- tions, UN agencies, and international civil society
national cooperation and a global approach increasingly weave together the global and the
toward safeguarding the planet (Steger 2009, 84). local in their analyses of criminological issues.
As explained by David Held and Anthony Globalization does not “challenge” criminolo-
McGrew (2007, 5), globalization’s hegemony and gy’s previous focus on comparative studies because
overall effect are contested along with its value as Nelken, Pakes, Savelsberg, and others have
as a worldwide project. That is, questions are argued, there is clearly room for both global and
asked about whether it is a process that is ethical comparative approaches. An example is a com-
or should be supported, rejected, resisted, or parative study of the nature and causes of public
transformed. Skeptics question whether global- disorders in British and French cities over the
ization is a cause or effect and believe its signifi- past thirty years in which Sophie Body-Gendrot
cance has been exaggerated because nation-states (2012, 142) explores incidents of public disorder
continue to act autonomously in the conduct of through several levels of analysis, including the
world affairs. The international order is therefore structural, and draws attention to the economic
a product of actions by the most powerful states, dislocations of the 1980s, which “translated into
10 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

violent outbursts in localities experiencing the globally and enable the laundering of the proceeds
transition from a Fordist to a service economy” of crime. The collapse of the Soviet Union and the
and to inequalities created by globalization as well disintegration of fragile states have opened up
as austerity policies adopted by conservative gov- opportunities for cross border crime and provided
ernments in both countries.2 This study demon- safe havens for criminals. These causes and effects
strates the compatibility between comparative and are discussed throughout this text.
global inquiry concerning an issue that contains The global flow of criminal justice policy,
elements of both economic globalization and the especially that concerning penal and crime con-
local control of public order. trol discourses and policies, has been widely
debated by criminologists with some analysts
Globalization, Ethnocentricity, arguing that there exists a convergence of such
policies and practices and others rejecting this
and Global Policy Flows perspective (Chapter 6: Punishment). How states
As Pakes (2010, 27) puts it, “The big narrative resist global criminal justice trends is one of the
is one of globalization” and global phenomena questions raised by the globalization debate
such as international migration impact local jus- (Nelken 2013, 9). Criminologists have not
tice systems just as U.S. mass imprisonment poli- engaged significantly with other kinds of policy
cies and practices enter the global discourse flows, such as the possible convergence of anti-
about punishment. Exactly how states are affected terrorist policies worldwide post 9/11. Kelly
by global flows varies from state to state and Gates (2012, 296), for example, argues that
inquiring into global effects will reveal the com- although the concept of “homeland security” is
plexities of interactions between the local and the an American signifier of national identity, sover-
global. As Nelken (2013, 16) states, “The out- eignty, and governmental rationality, it has also
comes of globalization processes are not prede- been exported beyond the United States as part
termined.” This means, as Hogg (2002, 200) of a U.S. security strategy that would necessarily
points out, “that the domestic populations and constitute a global endeavor and require “inter-
ways of life of western nations in the ‘zones of national cooperation.” In Chapter 12 we present
prosperity’ are no longer effectively sealed off case studies of three countries’ responses to
from contemporary global disorders as they once domestic and international terrorism: the United
believed themselves to be.” States, Germany, and India.
In criminology, the effects of globalization have Policy flows are also a major component of
been most apparent in the field of transnational UN agencies such as the United Nations Office of
crime, which has benefitted from open borders Drug Control and European agencies such as
and increases in cross border trade, but globaliza- EUROPOL, where reports and policy recom-
tion processes also seek to regulate criminal justice mendations circulate to governments and inter-
practice and procedures. For example, it is now national civil society, constituting components of
common for international agencies to formulate the global justice policy discourse. The United
and urge states to adopt codes of conduct and best States seems largely unaware or uninterested in
international practices in areas such as policing these discourses. The extent to which globaliza-
(Chapter 4: Policing) with the ultimate aim that tion might narrow criminal justice policy choices
these codes and rules be embodied in national remains unclear, but agencies generating justice
laws, for example, the internationally agreed rules policy discourses have the capacity to construct
concerning the detention of children (Chapter 7: dominant narratives that can marginalize alter-
Juvenile Justice). It is in this manner that criminal native discourses.
justice practices become internationalized. Katja Aas (2012, 8) suggests that globalization
The flow of neoliberal economic policies affords the opportunity to transcend “established
worldwide promoted by Western states and UN ethnocentric frameworks,” and Raewyn Connell
and international agencies has resulted in (2007, 368) notes that “with few exceptions, social
increased poverty causing illicit drug cultivation theory speaks from the global North.” Mitigating
to flourish as poor farmers seek an income from or even discarding globalization’s Western bias
growing more lucrative crops. Efficient and rapid and decentering the world map of criminology
forms of communication and transport as well as (Fraser 2013, 258), in favor of approaches that are
international banking facilitate criminal activity more inclusive presents numerous challenges.
 Chapter 1 Introduction 11

The think tanks, policy institutes, and govern- is on anticapitalist protest movements and pro-
ment policy units are overwhelmingly located in global social justice such as groups that oppose the
the West, and thus far the flow has been generally activities of the World Trade Organization and the
one way. Nevertheless, we suggest that in addition World Bank. These movements remain on the
to the academy, international civil society and UN margins as compared with the mainstream global
agencies offer opportunities for non-Western per- justice and human rights discourse promoted,
spectives on global justice issues to enter the managed, and operationalized by international
global policy discourse, as, for example, in the and national nongovernmental organizations, UN
field of restorative justice where many developing agencies, and international organizations, collec-
states possess functional traditional justice sys- tively known as “international civil society.”
tems that apply restorative principles and prac- The success of this grouping of actors in
tices that can inform Western restorative justice achieving forms of global justice, such as women’s
approaches. We discuss indigenous and plural rights, children’s rights, and the extension of inter-
legal systems in Chapter 3. national criminal law, has been recognized in the
We see further opportunities to escape ethno- negotiation of international agreements between
centric frameworks in the field of transitional states such as the Convention on the Rights of the
justice (Chapter 8) where non-Western post- Child, the Statute of the International Criminal
conflict states have crafted and implemented cre- Court, and the Convention of the Elimination of
ative solutions to ending and resolving conflicts All Forms of Discrimination Against Women
that do not rely only on the mechanisms typically (CEDAW) where international civil society mobi-
found in formal justice systems. Criminologists lized resources and pressured states to reach
could work with lawyers and political scientists agreement on rights protection and international
in a flow back to the West on formulating truth- criminal jurisdiction. As will be seen from discus-
telling structures and procedures, designing sion of these instruments in this book, interna-
justice frameworks for transitioning post-conflict tional civil society’s monitoring and scrutiny of
states, contributing to analyses of the interaction state responses to these rights and justice instru-
between transitional justice and international ments are crucial in ensuring compliance with
criminal justice, and interrogating issues such these universalizing discourses. Criminologists
as the use of traditional forms of justice in post- have studied the association between cause law-
conflict states as occurred with the gacaca courts yering and social movements.3 Criminologists—
in Rwanda. especially those from developing states, which
Connell (2007, 380) argues that colonialism, a suffer most from crimes of globalization—could
form of metropolitan subjection, is a shared apply criminological knowledge and techniques to
experience for the “majority world” but “does not better understand the dynamics of the interna-
surface as a central issue in any of the theories of tional social justice movement in terms of its
globalization.” We have suggested in Chapter 6: capacity to mobilize international opinion and
Punishment, that a “criminology of the colonial influence states.4
project” might include studies of colonial penal- Global cities and the problem people who inhabit
ity and proposed some research questions, and in them is a topic of discussion in Chapter 7:
Chapter 4: Policing, we have addressed the nature Juvenile Justice, where we give an account of the
and persistent impact of colonial policing in development of juvenile justice in France. Notable
postcolonial states. The push by the West to events include the so-called social exclusion poli-
bring the principles of “democratic policing” to cies that have resulted in the creation of mar-
postcolonial states raises important issues of how ginalized populations of young, largely North
the legacy of the colonial project connects with African immigrants. Manuel Castells (1998, 164–
modern forms of policing. 65) describes social exclusion as a “new geogra-
In discussing what he terms ideologies of glo- phy” and contends that “it is formed of American
balization, meaning the discourses associated inner-city ghettos, Spanish enclaves of mass youth
with globalization processes, Steger (2009, unemployment, French banlieues warehousing
98–99) identifies social justice as a global dis- North Africans, Japanese Yoseba quarters and
course that “constructs an alternative vision of Asian mega-cities’ shantytowns. And it is popu-
globalization based on egalitarian ideals of global lated by millions of homeless, incarcerated, prosti-
solidarity and distributive justice.” Steger’s focus tuted, criminalized, brutalized, stigmatized, sick,
12 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

and illiterate persons.” Contemporary urban life and environmental movements.5 Generally speak-
for many is therefore represented by the global ing, few international crimes exist and largely
phenomenon of slum living and its attendant comprise those described as violations of interna-
poverty and disempowerment. Analyzing global tional humanitarian law, such as are included
phenomena brought about by local policies of within the jurisdiction of the International
exclusion would involve an inquiry into the com- Criminal Court (ICC) or other specially created
plex interactions between local and global, taking international tribunals (see Chapter 9).
account of the social, economic, political, and There are no international economic crimes
criminological dimensions. as such, and where global harms such as cross
border pollution violate international conven-
tions and bilateral agreements between states,
New International Crimes claims for reparations are made by states against
State sovereignty over the criminological other states under international law. Although
enterprise is increasingly under challenge by UN agencies and institutions such as the IMF can
international discourses, practices, agreements, be held accountable for violations of duties under
and institutions. States have been pressured by their statutes, there is presently no applicable
other states, UN agencies, and civil society to international criminal law. Achieving an interna-
enact laws and criminally sanction practices such tional state consensus on what constitutes a
as child soldiering and female genital circumci- “harm” and which “harms” committed by inter-
sion even where those crimes have never been national agencies and multinational corporations
perpetrated in their jurisdictions (Chapter 14). ought to be the subject of international criminal-
Thus, international movements and other ization presents an almost insurmountable polit-
actors collectively define “new” international ical and legal challenge when, for example, states
crimes in an international order that identifies were even unable to agree on the definition of an
violations of rights, criminalizes them globally, international crime of terrorism for inclusion
and monitors state prosecution of those crimes. within the jurisdiction of the ICC.6
States that fail to enact laws are named as default- The concept of social “harms” as crimes or of
ers in reports with worldwide circulation such as social “harms” as a separate category of wrongs
those issued by UNICEF and the CEDAW outside the crime discourse but that can be sanc-
Committee on child soldiering and violence tioned internationally has not to date been consid-
against women, respectively, or are publicly ered in any depth by criminologists. As Muncie
named and shamed when called to account for (2000, 223) notes, “how far the recoding of crime as
deficient laws or policies. harm is capable of challenging and over-throwing
Dawn Rothe and David Friedrichs (2015, 26) legal definitions” is not clear, but the possibility of
identify the crimes of globalization as new crimes shaping “replacement discourses” to crime in order
created by the forces of globalization and which to capture and sanction the crimes of the powerful
are constituted by the “harmful policies and prac- at the international level would be a stimulating
tices of institutions and entities.” They acknowl- challenge to criminologists.
edge that these practices and policies may involve Rothe and Friedrichs (2015, 83) concede that
violations of the criminal law of states “or interna- “the idea of holding international financial insti-
tional level” and may also result in harms that are tutions formally accountable at this time may be
“not specifically addressed by statutory law.” The unrealistic and potentially counterproductive.”7
authors therefore bracket crimes from other The authors see “civil society social activism” as
harms. There are links between this conception the only force capable of bringing about this
of harms as crimes and the claims of worldwide objective (2015, 85). As noted earlier, global
movements for social justice (see, e.g., Ezeonu social movements have been very effective in
2008, 113). Designating international institu- shaping international conventions affecting
tions’ acts (which may be judged as morally or women, children, and, most recently, the ICC.
ethically questionable or objectionable, or as Savelsberg (2010, 32) expresses their role as
problematic in policy terms or in terms of social “[contributing] to the creation of global cognitive
justice) as crimes, when they have not been scripts (or models) and norms, which, once pro-
enacted as crimes, domestic or international, is duced, unfold considerable force.” Criminology
the perspective generally adopted by social justice could also participate in initiatives to advance the
 Chapter 1 Introduction 13

development of the concept of “harms” as inter- segmentation of knowledge. As Richard Ericson

national crimes or “harms” as an alternative dis- and Kevin Carriere express it (1996, 515), “It is
course of wrongs for which international redress connections with myriad cultures of knowledge
would be available. Relevant studies could pro- that are crucial to the vitality of criminology.” We
vide a foundation for the development of a new agree with Mark Findlay, Louise Boon Kuo, and
discourse centered on social harm and a global Lim Si Wei (2013, 10) that “globalization has pre-
strategy on financial (and environmental and sented new opportunities for crime, new priorities
other) harms that took account of all the legal, for globalized security, new fears of new risks, and
political, and economic implications and could new imperatives for control.” The challenge for
advance the cause of achieving accountability for criminology is to participate fully in the study and
the “crimes of globalization.” analysis of these and other opportunities to better
According to Held and McGrew (2007, 43), understand the conditions of modern social life.
“The present age is marked by globalized insecu-
rity.” As discussed in Chapter 12: Terrorism,
conflicts that were formerly interstate wars are now
largely intrastate and characterized by low-intensity
Overview of the Text
guerrilla type warfare, civil wars, and horrifying
The text is divided into three parts, each con-
violence. They are fueled and financed by transna-
cerned with a separate field of study. Within each
tional crimes such as the illicit international pur-
field are located specific topics that the authors
chases of arms and by the sale of national resources
regard as contemporary and highly relevant
on international markets. In other words, protag-
knowledge that will assist students in gaining a
onists in conflicts that spill over state boundaries,
fuller appreciation of global justice issues. Topics
such as the terrorist group Boko Haram, pursue
within the three fields of study overlap and often
their aims by mobilizing global flows of goods and
link to each other, and the three fields should not
services. Moreover, actors in localized conflicts
be seen as having clearly defined boundaries.
sharing similar ideologies with organized groups
Overall, the three fields of study represent a set of
of terrorists may now, through global communica-
global justice issues.
tions and linkages, extend their impact into other
states distant from the conflict through acts of ter-
rorism. Responding to the globalized nature of Part I: Comparative
these conflicts and to global terrorism generally,
the United States has reasserted its unilateral power
Criminology and Criminal Justice
and has sought to place limits on globalization by Part I comprises seven chapters covering the
mobilizing against modes of transnational crime as major topics commonly addressed in comparative
described in Chapter 10 as well as through precau- criminology texts.
tionary combat operations in states far from the Chapter 2: “Comparative Criminal Justice:
United States. Comparing Crime across Countries” follows the
Globalized insecurity has therefore created the traditional approach in comparative criminology
conditions for the emergence of crimes that were and discusses issues such as the problems of
invisible to criminology until recently. These comparing countries, using international crime
include international crimes within the jurisdic- data, what can be learned from comparing inter-
tion of the ICC, such as war crimes, crimes national data, international victim surveys, low
against humanity and rape perpetrated in violent crime countries, and how the United States com-
internal conflicts (Chapter 13), human trafficking pares internationally. We include case studies of
across borders (Chapter 11), and processes and the low crime states of Japan and Saudi Arabia.
procedures for not only punishing such crimes Chapter 3: “Systems of Law: Common Law,
but also repairing the harms to the state and soci- Civil Law, Socialist Law, Islamic Law, Indigenous
ety caused by the depredations of criminal actors Law,” provides descriptions of these systems and
in the form of transitional justice (Chapter 8). links the discussion of the different systems of law
There is now general agreement among schol- to the social, cultural, and economic context and
ars that globalization will broaden the boundaries to the historical record. So, for example, simply
of criminology and is likely to promote more describing Islamic systems without any context
interdisciplinary studies and thereby reduce the fails to adequately convey the centrality of law in
14 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

the Muslim experience. A discussion of the Chapter 5: “Courts and Criminal Procedure”
Islamic conception of justice provides an under- aims at understanding differences in criminal
standing of Sharia punishments, how Islam procedures, so that, for example, the importance
instructs Muslims to comprehend the idea of of the judge’s role is civil law inquisitorial systems
criminality, and the key role of Sharia law in many can be contrasted with the importance of the
Islamic legal systems. Saudi Arabia and the man- defense lawyer in common law systems. Issues
agement of modernity are discussed in the con- such as conceptions of ‘truth’ in criminal trials,
text of its legal system, revealing tensions between the cultural and social conditions that brought
Sharia and modern forms of law and between the about adversarial and inquisitorial procedures
rulers and the Sharia judges. Indigenous or “tradi- and contemporary moves toward hybrid crimi-
tional” law is living law in many developing coun- nal procedures are discussed. The distinctive
tries as well as in the United States through Native features of the differing procedures are explored
American legal systems. The unique history and and critiqued and the strategy of reforming the
dynamic development of the legal system of the inquisitorial model in Central and South America
People’s Republic of China is summarized and and Russia toward hybrid or even fully accusato-
provides a foundation for further discussions of rial systems and away from the inquisitorial is
Chinese law and the Chinese legal system in explained and assessed. The role and function of
Chapters 4, 5, and 6. prosecutors is explored in detail, focusing on the
Chapter 4: “Policing” is a wide-ranging dis- extensive powers that prosecutors enjoy in both
cussion of the features of policing that appear systems. A case study of Japanese prosecutors
important or interesting in contemporary times reveals how culture shapes prosecutorial practice
both comparatively and as facets of policing there. The distinctiveness of legal developments
itself. The discussion is linked to the historical, in China is acknowledged in an analysis of
social, and cultural factors that relate to the Chinese criminal procedure that can be com-
emergence of these features. Thus, examining pared with a comprehensive account of the French
how the colonies were policed adds to our under- inquisitorial system.
standing of challenges to the modern notion of Chapter 6: “Punishment” discusses the ratio-
democratic policing because colonial policing nale of punishment and compares the different
practices remain prevalent in postcolonial states. custodial and noncustodial punishments applied
Case studies of current and past policing styles in various states and how punishment policies in
and strategies in Russia and China explain how some states are said to have become more puni-
contemporary police attitudes and perspectives tive through globalization. The death penalty
reflect policing arrangements and models of the and its worldwide decline are considered in the
past and how and why change and reform in context of case studies of the death penalty in the
police practice have been partial and imperfect. United States, Japan, and China. International
The term democratic policing describes Western standards and norms relating to punishment are
policing practices that constitute key elements in explained in the context of a discussion of moves
the movement to universalize or internationalize to standardize punishments, or principles of
policing practice. We explain the elements of punishment worldwide, based on international
democratic policing, how it is disseminated to minimum standards or internationally recog-
postcolonial developing countries, and how, in nized best practices. Although the chapter
Russia and China, its principles come into con- focuses primarily on the role of punishment as an
flict with local policing practices. International instrument in crime control, the history and
police cooperation and transnational policing are sociology of punishment are also explored
explored as elements in the internationalization because even though punishment has an instru-
or globalization of policing. Transnational and mental objective, it is also formed and influenced
national policing agencies are increasingly linked by dynamic social, cultural, and historical forces.
with states in intrusive forms of global policing Case studies of penal development in China,
and surveillance in the name of risk avoidance, Japan, the United States, and England describe
raising questions about accountability, the polic- the main contours of change in penality over
ing of specific populations and minorities, and time in those countries. Postcolonial countries
legitimate aims of this form of policing. This have inherited Western forms of colonial penal-
discussion links to Chapter 10. ity that should be understood as importations
 Chapter 1 Introduction 15

from metropolitan powers at a particular time justice through the normal criminal processes is
that displaced local penalities and were intended rare; therefore, understanding why forms of
to protect the colonial social order. We look at transitional justice (such as peace and reconcili-
colonial punishment regimes and suggest a set of ation and truth commissions) are created rather
questions within a criminology of the colonial than allowing the criminal justice system to
project that would include punishment as a field proceed and impose punishments means ana-
of study. lyzing social, cultural, historical, and political
Chapter 7: “Juvenile Justice” provides com- factors. The chapter offers two wide-ranging
prehensive studies of the development of three case studies of transitional processes and their
contrasting systems of juvenile justice: those in outcomes in East Timor and Rwanda. Major
France, Japan, and China. In line with the aim issues discussed include truth commissions, the
of this text to fully contextualize topics, issues granting of amnesty, lack of follow-up of recom-
such as how juvenile delinquency is constructed mendations made to government, and the prac-
and defined in those countries and what cul- tice of deeming reconciliation to be more
tural and social practices, values, and beliefs important than discovering the truth. In addi-
over time have influenced constructions of tion, some post-conflict states adopt a culture of
delinquency and systems of juvenile justice are impunity and refuse to address issues of truth
evaluated. The supposed trend toward punitive- seeking or reconciliation through any formal
ness is explored and critically assessed in rela- process. This chapter explores the rationale for
tion to each country. The detailed case studies impunity and looks at the international pres-
interrogate the politics of juvenile justice and sures applied to reject impunity and institute a
examine how justice plays itself out in the three transitional justice process.
systems. The additional focus of the chapter is Chapter 9: “The International Criminal Court,”
the globalization of juvenile justice through the only recently created, marks a significant step in
Convention on the Rights of the Child (CRC) the possible evolution of a worldwide justice sys-
and associated international standard-setting tem and in the continued international protection
instruments. Analyzing international norms of human rights. Following a discussion of inter-
and the CRC (which only the United States and national criminal law to set the context for the
Somalia have failed to ratify) draws attention to work of the ICC, we explain the evolution of the
the juvenile justice deficit in the United States in court and describe its powers and functions
the context of international developments. We under the Statute of the ICC. The United States
discuss the issue of state adherence to interna- and some other major world powers have refused
tional standards and assess the effectiveness of to become parties to the statute, and this chapter
the CRC in protecting juveniles in conflict with discusses the arguments deployed by the United
the law. States and others against the ICC, how the United
States has attempted to counter the role of the
court, and what more recent steps the United
Part II: International Criminology States has taken to give it a greater degree of rec-
Part II comprises two chapters covering the ognition and acceptance. We examine how the
topics of transitional justice and the ICC. The ICC has functioned and the political and legal
focus of the chapters is on the development and challenges it has faced. Two studies of the ICC in
application of international criminal law. action discuss its role in events in Sudan and in
Chapter 8: “Transitional Justice: Justice, the Democratic Republic of Congo. The ICC
Forgiveness, and Impunity” explores the devel- prosecutor has a key role in the operations of the
opment of the field of transitional justice as a ICC and the functions and powers of the Office of
response to the issue of large-scale state crimes the Prosecutor (OTP) are explored. For the first
such as apartheid, torture, and genocide as time, an international criminal tribunal has been
some states have transitioned from authoritar- tasked with safeguarding the rights of victims. We
ian regimes to liberal democracies. We explain examine how victims participate in the proceed-
the origins of this form of justice, its interna- ings of the court, what the future of the ICC is,
tional legal and political dimensions, its modes and how it might be improved. These and associ-
of operation in post-conflict and transitional ated issues are addressed in a critical review of the
states, and its overall objectives. Post-transition effectiveness of the ICC.
16 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

Part III: Transnational remain unaddressed. International efforts to con-

and Global Criminology trol trafficking are addressed in the context of the
U.S. Trafficking Victims Protection Act of 2000.
Part III contains five chapters and incorporates Chapter 12: “Terrorism” discusses how terrorism
topics recognized generally as falling within the has become a central worldwide concern since
category of transnational crime, namely, transna- the events of 9/11 even though it is not a new
tional crime itself and human trafficking across phenomenon, as the account of its evolution
borders. The other topics in this part fall within reveals. Nevertheless, the events of 9/11 prompted
the general framework of global criminology. states to review antiterrorist policies and laws.
Chapter 10: “Transnational Crime” is a general This process, along with accounts of domestic ter-
discussion of transnational crime that reveals its rorism, is described in three case studies of the
nature and extent and traces the development of United States, Germany, and India, enabling com-
the concept. Of the recognized types of transna- parisons to be drawn of national responses. The
tional crime, studies are presented of drug traffick- current international framework for countering
ing, arms trafficking, smuggling of nuclear terrorism is explained, and the complexities of
materials, money laundering, trading in endan- defining and explaining what constitutes terror-
gered species, terrorism financing, and cybercrime. ism and what differentiates it from other forms of
In each case, a critical approach seeks to interrogate violence are discussed. We explore the concept of
the reality of such crimes in light of the absence of state terrorism and the so-called new terrorism.
significant empirical evidence of many of these Terrorism can be better understood if it is situated
forms of criminality. Responses to modes of within its particular political, social, and eco-
transnational crime from the United States and nomic contexts. To add depth and context to this
internationally are explored and assessed for discussion of terrorism, we present comprehen-
effectiveness. The contested nature of the concept sive case studies of two designated (by the United
of transnational crime is explained, and critiques States) terrorist groups—Boko Haram of Nigeria
are presented and discussed. and Hamas in the Middle East—and explore the
Chapter 11: “Human Trafficking across history, politics, and economic, social, and cul-
Borders” shows that this is not a new crime as the tural context associated with each group. The
discussion of “white slavery” and ancient forms of chapter examines studies in the field of terrorism
trafficking reveals. Human trafficking for the pur- and religion and features a wide-ranging account
poses of commercial sexual exploitation and of the Islamic understanding of the concept of
forced labor (and bonded labor) is distinguished jihad as it has evolved over time in the context of
from the smuggling of persons across borders of interactions between Islam and the West.
their own free will, usually for purposes of eco- Chapter 13: “Violence Against Women”
nomic advancement. Whereas the former is a engages with three forms of violence against
crime against the victim, who is often coerced or women (VAW): domestic violence (DV), honor
deceived, the latter is a victimless crime against the crimes, and violence against women occurring in
immigration laws of a state. Trafficking has been armed conflicts, specifically rape. VAW in its
perceived as a humanitarian issue, an issue of various forms has been recognized internation-
national security, and a crime. The different ally as a form of discrimination and therefore as
frameworks are explained and explored, especially a violation of women’s human rights. This chapter
in relation to the U.S.-Mexico border. International maps the progress of the international movement
norms and standards protecting victims are dis- to eliminate VAW that culminated in the 1979
cussed, and estimates of the extent of trafficking Convention on the Elimination of All Forms of
worldwide are critiqued in view of the problems Discrimination Against Women (CEDAW) and
associated with empirical investigations of traf- subsequent developments in VAW through a
ficking. Actual instances of sex trafficking and the committee tasked with implementing the
processes encountered by a trafficking victim are CEDAW. Focusing first on DV, we survey theo-
identified and assessed to uncover the human ries of DV and notions of gender and then
dimension. Strategies to counter trafficking show present three in-depth studies of DV in Russia,
that domestic and international interventions have Nicaragua, and Ghana. We examine gender and
failed to significantly impede trafficking, and the DV in those three countries and the national
socioeconomic conditions that cause trafficking strategies employed to counter and even to
 Chapter 1 Introduction 17

eliminate DV as well as strategies recommended between societies. Female circumcision is shown

under international agreements. The conditions to be a complex social practice linked to mar-
of DV in the three countries are compared with riage, gender identity, tradition, culture, and
international strategies to eliminate VAW. The religion and to rituals concerning the passage to
latter strategies are explained and assessed for womanhood. The chapter explores female cir-
effectiveness. Honor crimes, also known as honor cumcision and child soldiers in the context of the
killings, take place in countries where women are Western critique of such practices, draws a con-
expected to conform to a set of behavioral norms trast between Western perspectives and the
designed to protect the honor of the family. We empirical and lived realities of women and chil-
explain the nature of these crimes, reasons they dren, charts the international discourse and its
persist, and the judicial reluctance to properly outcomes, describes the international legal
punish those implicated in such crimes. There frameworks that have been created around these
has been a marked increase in the study of vio- subjects, and assesses the implications for sub-
lence against women in armed conflict. Generated jects of female circumcision and child soldiering.
in large part by new jurisprudence from interna-
tional tribunals, this area of study examines the
association between rape, torture, and crimes Notes
against humanity and how the law has developed
in response to the widespread rape of women in 1. Held and McGrew (2007) and other numerous
situations of armed conflict (e.g., the conflict globalization texts develop these arguments fully.
in the former Yugoslavia). We analyze rape as 2. Held and McGrew (2007, 131, 133) note that
an international crime and explain how new defi- one account of economic globalization identifies it as
nitions and jurisprudence have rendered rape in the “principal cause of growing international and
armed conflict among the gravest international world inequality as mobile capital relocates jobs and
crimes. production in the world economy, trade intensifies
Chapter 14: “Human Rights and Cultural international competitive pressures, and global finance
constrains the welfare and redistributive capacities of
Relativism: Female Circumcision and Child
states.” The resulting dynamics include “the erosion of
Soldiers” discusses two topics where global pro- social solidarity as welfare regimes are unable, or poli-
tection policies and strategies are heavily ticians unwilling, to bear the costs of protecting the
impacted by local cultural beliefs and practices. most vulnerable.”
Cultural relativism is the notion that every soci- 3. See, for example, A. Sarat and S. Scheingold,
ety possesses its own moral code explaining what eds., 2006, Cause Lawyers and Social Movements,
acts are permitted or prohibited; this notion is Stanford, CA: Stanford University Press.
rejected by the discourse and practice of human 4. Such a study ought to include an analysis of how
rights, which applies a universalist approach to forms of social action interact with social media and
rights and practices in all societies. These univer- other new forms of communication, and what new
dimensions these developments add to the capacity of
salist norms tend to be Eurocentric in nature
social movements to bring about change. See, for
because human rights treaties and conventions example, M. Castells, 2012, Networks of Outrage and
are largely the product of developed Western Hope: Social Movements in the Internet Age, Cambridge
societies. This chapter looks at female circumci- UK: Polity Press.
sion and child soldiers as instances of practices 5. Social justice advocates commonly describe the
condemned in the West because human rights formulation of international criminal offenses to
discourses render them violations of women’s address the “crimes of the powerful” as a legalistic
and children’s rights, regardless of the cultural process and adopt a sociolegal analysis of international
and social context and of agency. We contextual- harmful conduct that incorporates notions of both
ize these practices and events focusing on harm and criminal conduct (Cochrane and Walters
explaining and understanding why and how they 2008, 153; Gibbs et al. 2010, 129).
6. As Findlay et al. (2013, 16) put it, “International
occur and how cultural and social phenomena
crimes are defined and incorporated into international
are implicated in their practice. We offer a case law through negotiations between states in highly
study of child soldiering in Sierra Leone, show politicized forums.” The process of defining such
how the notion of childhood itself is socially con- crimes includes multiple factors not least of which is
structed and how, in the case of child soldiers, protecting the interests of transnational corporations
notions of what constitutes childhood differ domiciled in a state participating in such negotiations.
18 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

7. Rothe and Friedrichs limit the scope of “crimes of 124), have been identified by criminologists. In addi-
globalization” in their study. However, there has been a tion, the study of victims’ rights has provided a lens
“green criminology” since the 1990s (Lynch 1990, 1), through which to view international harms (Hall 2011,
and new categories of harm, including biopiracy (theft 371). As to a focus on harms, regardless of whether or
of indigenous flora and fauna; Cochrane and Walters not they constitute a crime, see P. Hillyard, C. Pantazis,
2008, 145), the “exploitation of hunger” (Walters 2006, S. Tombs, and D. Gordon, eds., 2004, Beyond Criminology:
26), and “conservation criminology” (Gibbs et al. 2010, Taking Harm Seriously, London: Pluto Press.
2
Comparative
Criminal Justice
Comparing Crime across Countries

C
omparing crime and criminal justice between different countries
is a methodology that serves a number of useful purposes, as noted
in Chapter 1. However, there are many challenges that impact
the process of comparing associated with issues such as appropriate meth-
odology, scope of studies, and research aims. As David Nelken (2010, 15),
writing of comparative research strategies puts it, “Classifications can be
controversial, descriptions deceptive, explanations erroneous, interpreta-
tions interminable, translations twisted and evaluations ethnocentric.”
The principal issues, challenges, and approaches in comparative research
are discussed in this chapter.

Comparing Criminal
Justice: Methodological Issues
In this section, we examine issues that affect questions of choice of method-
ology in conducting comparative studies. We have identified these issues as
cultural difference, searching for the local, law in action, research methods,
and research approaches.

Cultural Difference
Clearly, local culture will always impact meaning; therefore, theories and
policies developed in the Anglo-American legal tradition and within that
legal culture will not necessarily resonate with other legal cultures and
countries (Nelken 2002, 175). For example, in the field of crime control,
British writing assumes a close and trusting relationship between police and
citizens through programs such as community policing, which exemplify
the notion of “policing by consent.” However, in Italy, two of the principal
police forces retain an element of the militarization that effectively removes
them from local pressures. The result is that this construction of policing

19
20 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

inspires a higher level of public confidence in the community responsibility for security, Germans
police (Nelken 2002, 177). continue to regard the maintenance of local
Typically, comparative criminal justice and order as the responsibility of the State alone.
criminology studies juxtapose a description of There, the approach is to leave it to the profes-
one system within a society with another and sionals rather than involve the community in
then compare or contrast them. Usually, there is crime prevention or punishment. Juxtaposing
no explanation of any underlying cultural or these very divergent discourses about law and
social aspects of the society in question that might order reveals how an understanding of the local
influence the systems chosen, and such compari- can illuminate deeply embedded uncritical
sons are often ahistorical and lacking in context of assumptions in Britain about the content of
any kind. Thus, as Nelken (2002, 180) points out, crime control discourse.
we must ask how we can be sure we are compar-
ing like with like. The same point is made by
Jianhong Liu (2007, 4), who, although acknowl- Law in Action
edging that criminology seeks to establish general Comparative studies often give little or no
principles and construct theories that apply to all attention to the difference between “book law”
societies, cautions that “criminology must investi- and “law in action.” Merely reciting the contents
gate how variations in societal contexts alter theo- of a procedural criminal law tells us little about
retical statements and policy considerations.” how it operates in practice and how the various
actors charged with implementing it perceive
their roles and responsibilities and their connec-
Searching for the Local tions and interactions with other actors in the
There is often an assumption in comparative justice system of that country. A good example
research that legal systems are the same and that can be found in the empirical research of
they rely on the same fundamental principles, dif- Jacqueline Hodgson which has revealed how in
fering only in form. We tend to regard one country practice, very little supervision is exercised by
from the perspective of the other. This “universal- French prosecutors over police despite a legal
izing imperative” may arise from a desire to search framework that suggests otherwise (Hodgson
for what is reassuringly familiar in other legal 2005). Similarly, In Italy, the law requires that
systems or may derive from the notion that our prosecutors prosecute all cases unlike in the
own system is necessarily superior to others United States, where prosecutors have a signifi-
(Zedner 1995, 519). Overcoming this perspective cant discretion whether or not to prosecute. Of
may mean that researchers need to focus less on course in practice, it would be impossible to
trying to understand how natives of the other prosecute all cases at the same time, so priorities
country see things and instead look at the nature must be determined. What are these priorities,
of the legal discourse there and how it “serves as an and who decides which cases are to have prece-
interpretative and structuring device—a means by dence? Only empirical research can answer these
which people seek to make legal ‘sense’ of conflict, questions (Nelken 2010, 17). Researchers have
confusion and disorder” (p. 519). also noted the gap between book law and law in
Lucia Zedner follows this approach in exam- action in China where “even when written rules
ining the discourse of law and order in Britain are available, they tend to be ignored in practice”
and Germany, showing how in Britain there is a (Liang and Lu 2006, 159).
constant media focus on reporting traditional
crime, a focus that simply does not exist in
Research Methods
Germany. In the latter, international and orga-
nized crime threaten the German concept of How can a researcher who is comparing dif-
inner security (Innere Sicherheit), the counterpart ferent justice systems or undertaking other com-
to the British notion of law and order (p. 521). A parative studies best achieve her research goals?
major contrast between the two countries is that Nelken (2002, 179–84) suggests three possible
whereas in Britain governments have sought to strategies: “virtually there,” “researching there,”
diminish the role of the State in crime preven- and “living there.” The first comprises forms of
tion and control by advocating and promoting collaboration between a researcher in the home
 Chapter 2 Comparative Criminal Justice 21

country and a researcher in the other country. why a particular country has different provisions
The second involves spending some time in the than another concerning, for example, pretrial
country under study, immersing oneself in the detention. A good example of this approach is a
research site, and thereby gaining direct experi- study by Johannes Feest and Masayuki Murayama
ence of, and exposure to, the culture and society. (2000, 49), who undertook a virtual comparison
This strategy is likely to involve contact with of how an actual criminal case that occurred in
local experts, but care must be exercised in deter- Spain would be processed (or, in the case of
mining the extent of their knowledge and assess- Spain, actually was processed) by different crimi-
ing their possible biases in policy and practice. nal justice systems in Spain, Germany, and Japan.
The third strategy envisages a lengthy period of In addition to identifying a number of similari-
immersion in the other culture, adopting the role ties between the different criminal justice sys-
of observant participator, and gaining direct tems, the authors found significant differences,
experience, a methodology most associated with including that pretrial detention would have
the discipline of anthropology. Although this been ordered only in Japan; that the total period
seems the most valuable approach, Nelken cor- spent in jail would be much longer in Japan; that
rectly points out that the researcher will still the case would have been brought to trial in
retain cultural biases and assumptions that will Spain and Germany but not in Japan; and that the
affect the research issues and questions. duration of the criminal proceedings would be
Engaging with these strategies then is not a much longer in Germany and Spain than in
seamless process. The presentational issue: the Japan. As Nelken (2000, 30) points out, the par-
difference between what an actor in a criminal ticular methodology employed in this study does
justice system does in his daily work, as com- not result in any understanding of legal culture
pared with what that person informs a researcher from the inside, for example, in terms of the
he does, requires that researchers select multiple decision-making process of prosecutors and oth-
sources of information, observe actual opera- ers working within the various systems. The
tions within the system (e.g., court trials), and study is therefore limited to one dimension and
probe as deeply as possible into an actor’s func- lacks explanatory power.
tions and responsibilities and interactions with
others in that system. Researchers also need to be
wary of relying on simplistic idealized accounts Interpretive Approach
of foreign law and practice as the basis for com- An interpretive approach in qualitative research
parison with U.S. practice. Accounts should be is most closely associated with disciplines such
tested and assessed for quality and accuracy so as social anthropology, where ethnographic data
that a deep understanding of the foreign process are interrogated to establish meaning and pro-
is gained. It is only through such careful attention vide explanations of a particular social practice,
to detail that potential constraints in applying society, or culture. Nelken (2002, 187) argues for
foreign policies and practices in the home country an interpretivist approach to be taken in com-
can be identified. parative studies, suggesting, for example, that
such an approach would uncover how crimes are
Research Approaches culturally constructed and would reveal why
street crime is regarded differently in Germany
Here, we consider two approaches: the descrip- and Italy, where the media give it little coverage,
tive (or explanatory) and the interpretive. as compared with the United States and the
United Kingdom, where there is a strong media
Descriptive or focus on such criminality. Clearly, quantitative
data that only rely on crime statistics cannot
Explanatory Approach provide explanations of how and why particular
Studies of this kind identify differences in forms of criminality occur in a particular coun-
criminal justice systems, for example, in codes of try or how they are constructed as such by a
criminal procedure. However, simply comparing particular culture. Denis Szabo (1975, 367), for
laws without more data sources neglects issues example, questions comparing statistics between
such as explaining why there are differences and different societies without context: “What is the
22 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

heuristic value of comparing statistical informa- •• What crime risks exist in country A?
tion concerning divorce, alcoholism, drug addic-
•• How prevalent are crimes of violence in
tion or public disturbances, originating in
country B?
countries at different levels of socio-economic
development and which have cultures that are •• How do the risks of crime compare between
quite different?” countries C and D?
Fundamentally, therefore, the value of an
interpretive approach lies in linking data to expla- •• How does the incidence of specific crimes in
nations so that the social and cultural landscape countries compare with the incidence in the
underpinning the law or form of criminality is United States?
made more explicit. As Nelken (2010, 43) explains,
“The aim is to show congruence between mean- International data collection can present a
ings and values in criminal justice and the larger picture of the kinds and incidence of crime
culture.” However, this approach also has its reported for a country and, when examined over
drawbacks. For example, a researcher must decide a period of time, can assist in revealing any crime
who can speak for a particular culture, and given trends. The United Nations has been collecting
that the interpretive approach is necessarily labor crime data from member countries since 1977.
intensive, it is usually not possible to employ mul- This effort is organized through UNODC. The
tiple sources of information. Often the approach data collection is known as the United Nations
taken will be to study the discourse on a criminal Surveys of Crime and Trends and the Operations
justice topic, as Adam Crawford (2000a, 205) has of Criminal Justice Systems (CTS). Eleven sur-
done in examining the differing conceptions and veys have been completed thus far, and the 2015
meanings of mediation and appeals to the com- survey is currently under way.2
munity in France and England. Victimization surveys, generally conducted
In all cases, as in any form of research, access only in countries with highly developed criminal
to material, places, and subjects can often be justice systems, have become an established part
problematic. As Bin Liang and Hong Lu (2006, of a country’s efforts to understand its level of
163) have noted in conducting research in criminality. In 1989, the first international com-
China, it is often critical to be able to access parative victimization survey was conducted in
social networks, friends and family and former eleven European countries, the United States,
classmates and colleagues. As they put it, “One’s Canada, and Australia (Aebi, Killias, and Tavares
guanxi1 . . . plays a key role; knowing someone 2002, 25). The International Crime Victim
in the agency, particularly powerful people, Survey (ICVS) is now regularly conducted by the
helps with one’s access.” United Nations Interregional Criminal Justice
Research Institute (UNICRI) and the Dutch
Justice Ministry. The ICVS conducted in the year
International Crime Data 2000 collated information on crime experienced
in 1999 in seventeen countries.3 For example, in
International agencies such as the United Nations relation to the United States, the 2000 survey
collect crime data to reveal trends in crime and found that burglary and theft account for a
differences between the nature and incidence of greater proportion of crimes than in the other
crime in different countries. There are many countries but that the United States comes out as
problems associated with international crime average for all other crime types.
data, and the principal constraints are discussed Many institutions analyze and assess interna-
in this section. First, what sources exist for data tional crime data. Some of the most prominent
on international crimes? are listed here.
Some international bodies such as the United
Nations Office on Drugs and Crime (UNODC) •• The European Institute for Crime Prevention
collect quantitative crime data as a means to mea- and Control (HEUNI), based in Finland and
sure and compare crime across countries. affiliated with the United Nations, is
Analyzing that data enables us to answer questions prominent in analyzing international crime
such as the following: statistics collected through the UN surveys.4
 Chapter 2 Comparative Criminal Justice 23

•• The International Centre for the Prevention of data and facilitates information exchange on
Crime (ICPC), founded in 1994, is tasked to issues of criminal justice policy options,
constitute an international forum through strategies, and practices.7
which governments, agencies, and
•• The UNODC was established in 1997 through
international organizations can exchange
a merger of two other UN bodies concerned
experiences and policy information on crime
with drug control and crime prevention. The
prevention and community safety. This
organization’s functions are to assist states in
organization publishes material on crime
the fight against illicit drugs, crime, and
issues, including international crime data
terrorism; conduct research concerning drugs
collected through the UN surveys.
and crime; and to help states become parties to
•• The International Criminal Police relevant international treaties through
Organization (INTERPOL) no longer collects measures such as updating their domestic laws
or publishes crime statistics from member on drugs, crime, and terrorism. UNODC now
countries, but it does maintain a database on provides extensive technical assistance to
international intellectual property crime countries on a wide range of crime issues.8
comprising data on trafficking in illicit goods.
The organization analyzes these data for a Constraints in Analyzing
number of purposes, including identifying
International Crime Data
“links between transnational and organized
cross-sector criminal activity involving According to UNODC, the main constraints
trafficking in illicit goods.”5 In addition, associated with international crime data collection
INTERPOL stores data in criminal databases are the following:
compiled from information submitted by
member countries. The principal databases •• Countries define crimes differently, making it
include records on known international difficult to make comparisons of crime types
criminals, on missing persons, and on dead between countries. For example, one country
bodies; notices issued by the organization on may define a common assault and a serious
fugitives and terrorists; child sexual assault quite differently than another country,
exploitation images; DNA profiles, or conduct that would not be considered
fingerprints, and firearms information; and criminal in the United States (e.g., adultery)
stolen motor vehicles and stolen works of art.6 will be sanctioned severely in some Islamic
INTERPOL has been described as “a dubious countries. Obviously, this makes for differences
legal object” because although it carries out in the number of such offenses recorded in
functions across and between countries, it different countries.
lacks any founding document or international •• Crime reporting differs between countries and
agreement providing for its establishment and is often related to the level of development. For
functions. It operates entirely on the basis of example, whereas most crime data are based
voluntary cooperation among its 188 members on crimes reported to police, some countries
(Savino, 2010). Given its highly informal have more police posts where crimes can be
structure, its lack of accountability to its reported and others have few telephones with
members is problematic (Sheptycki 2004, 107). which to report crimes to police. Also, in
•• UNICRI was established in 1967 with the countries where police have an authoritarian
following functions: to promote greater attitude to the community as opposed to a
understanding of crime-related problems, to focus on securing community safety, citizens
assist in the maintenance of just and efficient may be fearful of police, may be reluctant to
justice systems, to uphold respect for report crimes, or may believe that crimes
international standards, and to facilitate reported will not be properly investigated and
international cooperation on justice issues. The so do not bother to report them.
organization’s main programs address issues •• The cultural and social context differs between
such as corruption, security, organized crime, countries, and this means that social and
violence, and cybercrime. UNICRI gathers cultural attitudes, values, and practices can
24 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

impact the level of crime reporting. For social controls are an important contributor to
example, in some countries, women may be the low crime rates that Japan has enjoyed since
reluctant to report domestic violence or cases the postwar period. Other contributing factors
of sexual violence; this may suggest that those proposed include a low level of economic stress,
crimes are of a low incidence in a particular a small proportion of young males within the
society when in fact they may be very population, and a criminal justice system that
prevalent. 9 delivers a high certainty of guilt and punishment
measured by high clearance rates. The strength
In addition, the unreliability and scarcity of of the postwar Japanese economy was found in
crime data from most countries mean that no one study to be an especially important element
dependable worldwide crime trends can be iden- (Roberts and Lafree 2004, 179). The much-
tified (Findlay 1999, 20). Generally, only the admired and copied Japanese model of small
most developed countries maintain adequate fixed neighborhood police posts called koban has
crime records from which broader trends can be also been noted as significant in terms of crime
extrapolated. Therefore, any conclusions about prevention and control. The Japanese style of
crime worldwide will be skewed by the bias in policing is discussed in more detail in Chapter 4
favor of developed countries (p. 35). and the Japanese criminal prosecution function
An associated issue is that only a limited num- in Chapter 5, but here it is noteworthy that the
ber of countries report international crime data. koban, at least in theory, exemplify community
Among the reasons for this are a lack of adminis- policing in that officers posted to them patrol on
trative capacity or technical capacity within that foot and on bicycle. The koban represent a per-
country to produce the required data, the belief manent police presence close to blocks of urban
that crime data collection is not a priority issue, the residences and therefore engender a close rela-
concern that reporting high crime rates will tionship and a trusting environment for police
adversely affect overseas investment or industries and community relations (Bayley 1991). There is
such as tourism, and the belief that reporting will general agreement among criminologists that the
tarnish the international reputation of that country. social and cultural context of a country has a
huge impact on its crime rate.
In Japan, recorded crime fell by about half
between 1945 and 1973 (Hamai and Ellis 2006,
Countries With Low Crime 157). Although it has a population more than
Rates: Japan and Saudi Arabia twice that of England and Wales, for the year
2004/5 Japan reported 2.56 million crimes com-
International data reveal that Japan and Saudi pared with 5.6 million for England and Wales. It
Arabia have consistently maintained a lower is likely, however, that Japan, similar to other
crime rate compared with other countries. What countries, has a substantial “dark figure” of crime,
factors explain this? given the evidence of underrecording of crime to
Freda Adler (1983) looked at arrest rates enhance clear-up rates (p. 161). Among the
reported to the United Nations for 1975/76 for twelve countries in the 2000 ICVS, Japan showed
five pairs of countries representing different victimization rates lower than most comparable
regions of the world that exhibited low rates of countries. Japan had the lowest reported victim-
crime. One common feature among these coun- ization rate for violent crimes of all the countries
tries was that they seemed to have effectively surveyed at just 0.4 percent per 100, compared
maintained informal social controls such as the with Australia, for example, which showed the
family, which ensured the continuance of shared highest rate of 4.1 percent. The ICVS for 2004
values. Adler concluded that social solidarity was shows a drop in the victimization rates in Japan
a factor in ensuring low crime rates in contrast to from 2000 to 2004 except for thefts from cars and
anomie10 and lack of social cohesion that existed attempted burglary (p. 168).
in countries with higher crime. Saudi Arabia and The value and operation of the complex
Japan were included among the low crime coun- Japanese forms of social control have been docu-
tries in this study (Adler 1983). mented by Nobuo Komiya (1999, 369), who
In relation to Japan, Aki Roberts and Gary explains how Japanese traditional duty (giri) and
Lafree (2004) agree with Adler that strong informal the notion of human relations constituted by an
 Chapter 2 Comparative Criminal Justice 25

inner circle (uchi) prescribe a set of norms or with other values, collectively produce a set of
behavioral rules. Neglecting one’s giri means the unique social processes.
likelihood of being labeled a social misfit and As for Japanese organized crime in the form
gradually being excluded from the group. of the yakuza, researchers (see, e.g., Maguire
Japanese are therefore required to fulfill their 1997, 131) have suggested that this operates as a
giri in order to benefit from the uchi. They feel kind of alternative police force that polices unor-
most secure within the uchi world and therefore ganized crime with the approval of the official
strive at all times to maintain that position police force. This, it is said, explains the absence
(p. 373). Disputes within uchi relationships are of much street crime in Japan. Aspiring local
settled without litigation usually through go- criminals are quickly brought under control by
betweens. This not only applies to disputes yakusa interventions.
between superiors and inferiors but extends to
those equal in social status. The opposite of uchi
is the yoso world of the outer circle composed of
Saudi Arabia
strangers to the group to which one belongs Saudi Arabia is an Islamic state and a theo-
(p. 374). Toward strangers and outsiders there is cratic monarchy.11 The Islamic Wahhabi move-
no giri duty, and so the Japanese behave with ment and its principles constitute key elements
indifference, arrogance, and coldness to such of theocratic belief in Saudi Arabia. Wahhabism
persons. In the yoso world, the law is used to interprets the Qur’ an literally and rejects any
redress claims against others. Here, individual modernist reinterpretations.12 It requires strict
autonomy is permitted in contrast to the uchi obedience to the norms of conduct stipulated by
world where it is not. the Qur’ an, such as abstinence from alcohol
What does this complex cultural framework consumption and smoking tobacco, and, unlike
mean in terms of low crime rates? The yoso world other forms of Islam that merely require Muslims
matters little to the average Japanese: it contains to dress modestly, prescribes dress codes. The
almost no sociality, and any deviance within the heavy emphasis on conformity means that
world of the outer circle cannot easily pollute the behavior in public is regarded as a lens through
uchi world. The uchi group usually operates which one’s inner religiosity can be assessed.
under detailed rules of conduct that constitute Thus, public opinion about personal conduct
compelling social controls. Seniority is the para- includes admonitions to those who fail to main-
mount rule and requires that, in all interactions, tain prescribed standards of conduct.13 In its
members of the group practice containment and insistence on strict compliance with the precepts
constraint behaviors and act in a manner that of Islam, Saudi Arabia is perceived by many, less
complies with a great number of social rules. conservative Islamic states as maintaining a
Thus, the Japanese tend to have a strong appre- form of Islam that is socially and culturally
ciation of the norms of correct behaviors, and extremely traditionalist.
“accepting strong informal social control is not a Based on an analysis of INTERPOL data for
sign of weakness in Japan; rather it is the proud the year 2000, the Saudi crime rates for various
product of self-control” (Komiya 1999, 380, 382). crimes per 100,000 of population as compared
There are grave social risks associated with with rates for Japan and the United States are
committing crime, which include being expelled shown in Table 2.1.
from the uchi group and ruining one’s entire life. Sam Souryal (1988, 9) has compared crime
Thus, the Japanese cultivate the virtues of rates for seven Muslim countries (Saudi Arabia,
patience and caution and do not engage is risk- Syria, Sudan, Egypt, Iraq, Lebanon, and Kuwait).
taking behaviors because they have too much to The data show a murder rate for Saudi Arabia
lose. This account of Japanese cultural values and over the ten years from 1970 to 1979 of 0.4818
practices reveals how social control contributes per 100,000 with the next highest rate being
greatly to low crime rates in Japan. Syria with 3.5536 and the highest rate among the
In the same vein as Komiya, in his discussion seven countries being Lebanon with 12.5429.
of law and order in contemporary Japan, Mark For property crimes, the Saudi average is 2.4364
Fenwick (1996, 97) identifies a “cultural frame- per 100,000, the next highest rate is Syria with
work” that includes themes of hierarchy, group 59.9909, and the highest rate is Sudan with
orientation, and conflict avoidance that, together 255.6455. For sexual offenses, the Saudi rate is
26 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

Table 2.1 Crime Rates per 100,000 of Population for Saudi Arabia, Japan, and the United States

Offense Saudi Arabia Japan United States

Murder 0.71 1.10 5.51

Rape 0.14 1.78 32.05

Robbery 0.14 4.08 144.92

Aggravated assault 0.12 23.78 323.62

Burglary 0.05 233.60 728.42

Larceny 79.71 1401.26 2475.27

Motor vehicle theft 76.25 44.28 414.17

All index offenses combined 157.12 1709.88 4123.97

SOURCE: Winslow, R. (n.d.). “Saudi Arabia.” In Crime and Society: A Comparative Criminology Tour of the World, http://www-rohan.sdsu.edu/
faculty/rwinslow/asia_pacific/saudi_arabia.html.

3.20 per 100,000; the next highest is Syria with •• Family structures have endured in Islamic
5.0273, and the highest is Kuwait with 28.050 countries to an extent not enjoyed in the West,
per 100,000. and therefore socialization processes and social
Souryal (1988, 11) doubts the accuracy of the support remain strong.
data, pointing to the fact that no victimization
•• Public opinion is highly condemnatory of
surveys are carried out in Saudi Arabia and to the
criminal conduct, and severe punishments are
likelihood that there is a significant “dark figure”
supported generally.
for unreported crime. His research included
focus group discussions. Although he suggests
that official crime rates in the country are “rea- Islam requires submission to the will of God
sonably reliable,” he believes that official rates and holds persons responsible for all aspects of
ought to be adjusted upward by about 15 percent their behavior before God on the Day of Judgment
to account for unreported crime, police negli- (Serajzadeh 2001, 116). This degree of account-
gence in recording crimes, and possible data ability for conduct, including observance of the
misrepresentation by government officials. Five Pillars of Islam, strongly suggests that inter-
Generally, it is argued that Islamic belief and nal and external controls operate to enforce over-
practices provide a social structure that keep all social control (p. 119). Conduct is regulated by
crime rates low in Islamic states (Serajzadeh Sharia, which “covers in meticulous detail practi-
2001, 111). The teachings of the Qur’an promote cally every aspect of human behavior known to
self-control, and because Islam is not simply a the scholar-jurists, from dietary rules to criminal
religion but rather a way of life encompassing the procedures and from the rituals of worship to
private and social lives of Muslims, it develops a commercial contracts” (p. 120). Thus, Sharia
strong sense of morality that contributes to a low serves as a source of social order and consistency
crime rate. Seyed Serajzadeh (2001, 114) points out in behavior.14
other specific factors that he believes contribute to Some (e.g., Ali 1985, 45) argue that the severe
a low crime rate. punishments provided by Sharia law15 (see
Chapter 3) act as a deterrent to crime, but Souryal
•• Although Islamic countries do not have (1988, 19) disagrees, pointing to his research in
homogeneous populations, the majority share Saudi Arabia that showed that citizens consider
the Muslim faith; thus, ethnic differences are corporal punishment to be an act of mercy com-
subsumed by the unity inspired by faith in Islam. pared with a lengthy prison sentence. Moreover,
 Chapter 2 Comparative Criminal Justice 27

where severe punishments have their genesis in family,17 schools,18 the mosque, ulama (legal schol-
the notion of an “eye for an eye” in societies ars and theologians instrumental in setting public
where murderous tribal raids were common, the opinion and determining policy in government),
notion that Sharia punishments act as a deterrent and the religious police (motawwa’in). Through
becomes much less likely. surveillance of the population, motawwa’in
Other commentators regard Saudi punish- enforce proper conduct to ensure norms of con-
ments as an actual deterrent to crime. For exam- duct, such as attending mosque and dressing
ple, Badr-El-Din Ali (1985, 48) argues that because appropriately in public, are complied with.19
punishments are supposed to be executed publicly Enforcement of the expectations and rules con-
according to the Qur’ an, this expressive effect cerning proper conduct and the persistence of
serves as a deterrent to criminality.16 However, institutions and practices of social control suggest
Adler (1983, 88) argues that both capital and cor- that “it is the complex interplay between the main
poral punishments are rarely carried out, so the social control agencies that maintains the ‘low
public effect claimed seems questionable. crime rate’ in Saudi society” (Wardak 2005, 93).
Serajzadeh (2001, 123–24) takes the opposite
view on punishments in Saudi Arabia and gives
three reasons for rejecting the notion that Sharia
punishments keep crime rates low in Islamic coun- What Can Be Learned From
tries. First, many Islamic countries have, over time Comparing International Data?
since colonization, adopted Western-style codes
and laws covering criminal conduct: only in recent Comparing countries can be helpful in testing
times has Islamic law been the subject of a revival criminological theories and in assessing policy
in some states, and therefore Sharia and its punish- interventions and initiatives to see if what works
ments are not regularly applied in such countries. in one country can be applied in others.
Second, it is incorrect to judge the operation of Understanding how crime varies across countries
Islamic law as swift and certain and therefore as can give policymakers perspective on crime in
possessing a deterrent effect. In practice, there are their own countries. An example of theory testing
significant restrictions on the imposition of the is provided by Radjen Van Wilsem (2004, 92),
harshest punishments, and other sanctions often who examined cross-national data on criminal
depend on the wishes of the victim and his or her victimization in twenty-seven countries in terms
family. The process of arriving at a penalty is no of theft, violence, and vandalism to assess whether
more rapid than in other states because Islamic country victimization rates supported the theory
states, too, have levels of bureaucracy within their of routine activity propounded by Lawrence
justice systems. Third, most criminological studies Cohen and Marcus Felson (1979). However, stud-
have failed to show a relationship between the ies that compare crime in different countries will
severity of the punishment and the crime rate. still suffer from the drawback that the social and
Serajzadeh does, however, contend that Sharia cultural context and the relevant conceptual basis
is an effective element in a low crime rate will often not be taken into account fully or at all.
because, for Muslims, the more severe the sug- Thus, simply counting crime does not necessarily
gested penalty is for a wrongdoing, the more lead to an understanding of it.
sinful is the act judged to be. This argument In light of the problems associated with com-
relates to the strength of Islam in the minds of paring countries or groups of countries as noted
Muslims and therefore to overall public opinion earlier, it is generally agreed that comparing is
about the seriousness of criminality rather than most useful for identifying trends in crime rather
to the actual operation of Sharia (Serajzadeh than any more specific factors. For example, data
2001, 125). Ali (1985, 54) agrees that the “inter- collected in the European Sourcebook of Crime
nalization of Islamic values among Saudi people and Criminal Justice Statistics include crime lev-
through an integral process of socialization” els based on police data, but because of diver-
influences the low crime rate but identifies strong gences in how crime is reported in the
political leadership and the resolute implementa- participating countries, it is argued that police
tion of Sharia law as additional factors. data should only be used to show trends and
Other influences that contribute to strong should not be employed for comparative pur-
social control in the country include the extended poses (Aebi et al. 2002, 25). As noted earlier, the
28 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

United Nations Surveys of Crime and Trends and •• Data on the number of judges and magistrates
the Operations of Criminal Justice Systems are show that on average there are 15,000 persons
the most prominent data on worldwide crime for every judge or magistrate worldwide.
trends, and some important trends have been •• In terms of the allocation of resources to parts
identified from the data collected that may assist of the justice system, the survey shows that on
policymakers, for example, in determining best average, among reporting countries, 56 percent
practice on a criminal justice issue (Shaw, van is allocated to police, 29 percent to courts, and
Dijk, and Rhomberg 2003). These reported 15 percent to prosecution services. Developing
trends include the following: countries spend comparatively more on
policing and less on courts and the prosecution
•• For all reporting countries, total recorded
function. (Shaw et al. 2003)
crime data show a steady increase in crime
from 2,300 incidents per 100,000 persons in
Unlike almost all other offenses, in the case of
1980 to just over 3,000 in the year 2000.
the offense of murder it has proved possible to
•• In North America there has been a significant make meaningful comparisons of homicide rates.
decline in recorded crime. Since the early 1990s, This is because, unlike other crimes where defi-
the number of crimes per 100,000 persons has nitions and reporting rates differ, the crime of
declined steadily in both Canada and the United homicide is generally defined in essentially the
States but more so in the United States. same terms in all countries and is usually reported
•• Surprisingly, the overall level of crime is no
to police (Van Wilsem 2004, 90). Using data from
longer higher in the United States than in the
the World Health Organization’s World Health
European Union countries. One possible
Statistics, reporting on twenty-seven countries
explanation for this is simply that greater
(nineteen Western [including the United States],
resources, both public and private, have been
one Asian, and seven European), Van Wilsem
devoted to crime prevention and control in
(2004, 98) shows that homicide is a rare crime
North America.
event with about 3 victims per 100,000 persons
on average among the reporting countries.
•• Despite decreases in North American crime Whereas most countries have rates below that
volume, overall levels of crime in all regions of measure of 3 persons per 100,000, three coun-
the world remain significantly lower than those tries—Estonia, Lithuania, and the United States—
prevailing in North America and the European have high homicide rates (23.14, 10.87, and 9.64,
Union. respectively). For homicide and some other crimes,
•• Data on the performance of the justice systems victimization rates were higher among countries
in the reporting countries show wide with high levels of income inequality, thus giving
divergence in the proportion of cases where a some support to strain theory as a causative factor.
conviction is obtained as compared with the Although we may learn something from data
number of recorded cases. For the crimes of about homicide rates in different countries that
homicide and robbery over the period 1990– seem to support at least one relevant theoretical
2000, the data show the conviction rate in sub- causal explanation, the knowledge gained from
Saharan Africa to be only 1 in every 18 such quantitative analyses is quite limited. Never­
recorded cases; in Southeast Asia and the theless, because homicide is generally regarded as
Pacific, the rate is about 1 in every 9 cases; in a good proxy for levels of violent crime, it can be a
North America the rate is about 1 in every 8 useful indicator (Shaw et al. 2003, 40).
cases for murder and 1 in every 9 for
robbery—thus below the global average for
murder and just above it for robbery. How Does the United States
•• Data on the number of persons per police Compare Internationally?
officer worldwide show the average to be just
over 400 persons for every police officer. As a major Western nation with a highly devel-
Variations on this average include that in oped and well-resourced justice system, the
Eastern Africa the figure is almost 1,000 persons United States is regularly included in studies
and in North America about 280 persons. comparing crime rates or aspects of criminality
 Chapter 2 Comparative Criminal Justice 29

between countries. Such studies may be on crime injury by a firearm, and as having the highest pro-
rates between a range of countries, or only portion of suicides as a result of a firearm injury.
between the United States and another country, Other high firearm mortality rates apart from the
or between countries based on some topic associ- United States were identified in Mexico, Brazil,
ated with criminality. For example, one study by and Argentina (Krug et al. 1998, 219).
the Canadian Centre for Justice Statistics in 2001 In considering the causal factors that might
compared the crime rates in the United States explain these divergences, the authors suggest
and Canada, noting that there were parallels that “social norms” might influence the low rate
between the two countries, economically, socially, of firearm mortality in Asia and that a positive
and culturally, therefore creating the expectation association between firearm ownership and rates
that crime rates would show resemblances. of firearm homicide and suicide had been
In fact, the data showed that in the year 2000, reported. The proportion of households possess-
the Canadian homicide rate was about one-third ing a firearm ranged from 48 percent in the
that of the U.S. rate: the Canadian rate per 100,000 United States to less than 1 percent in Japan.
persons was 1.8 compared with a rate of 5.5 per These studies about homicide and firearms-
100,000 for the United States. Interestingly, one in related deaths in the United States are comple-
three Canadian murders involved the use of fire- mented by research that concludes that lethal
arms compared with two in three in the United violence rather than general crime is the major
States. The homicide rate was echoed by the aggra- U.S. crime issue (Zimring and Hawkins 1997).
vated assault rate (representing the most serious Concluding that rates of nonviolent crime are
forms of assault), which in the year 2000 showed a comparable or lower in the United States as com-
U.S. rate of 324 per 100,000 persons compared with pared with other industrialized countries, the
Canada with 143 per 100,000 (Gannon 2001). analysis of Zimring and Hawkins shows that the
Explanations for these differences would neces- United States has significantly higher rates of
sarily involve weighing and assessing many com- serious violence, especially homicide. Guns are
plex social, cultural, and economic factors. As seen to be a major factor in homicides and the
Susanne Karstedt (2001, 285) reminds us, “crime policy prescriptions proposed include addressing
and social control are social and cultural phenom- the availability of handguns.
ena,” and the cultural context will always shape
crime prevention and control initiatives. Thus, there
is no guarantee that crime prevention and control Summary
interventions that prove effective in Canada will
work in the United States, and vice versa. This chapter has shown that researching crimi-
In another comparative study, on the topic of nality in other countries is likely to be a complex
firearm-related deaths, deaths due to firearms in process given the historical, social, and cultural
the United States in 1996 were compared with differences that differentiate countries. Case
such deaths in thirty-five other high- and upper- studies of Japan and Saudi Arabia reveal how the
middle-income countries (Krug, Powell, and specificity of cultural and social values and prac-
Dahlberg 1998, 214). The one-year study of fire- tices contribute to low crime rates in those coun-
arms covered homicides, suicides, unintentional tries. Both cultural difference and the necessity to
deaths, and deaths of undetermined intent. Results set aside all assumptions about other countries’
showed that overall firearm mortality rates were systems of justice, definitions of crime, and per-
five to six times higher in high-income and upper- spectives on criminality make trans-country com-
middle-income countries in the Americas (a rate parative studies in criminology a challenge for all
of 12.72 per 100,000 persons) compared with researchers. Even when researchers are able to
Europe (2.17 per 100,000) or Oceania (2.57 per spend considerable time in a particular country
100,000) and ninety-five times higher than in Asia and immerse themselves in all aspects of the local
(0.13 per 100,000). The rate of firearm deaths in legal and justice culture, they must be aware that
the United States was 14.24 per 100,000. As the the perspectives of their informants as well as of
study notes, the United States was “unique” among themselves are not objective but probably shaded by
the thirty-six countries surveyed as having the their own beliefs and values. In studying topics in
highest overall firearm mortality rate, as having a criminology in other countries, researchers need to
high proportion of homicides resulting from understand how others see things in that country,
30 PART I COMPARATIVE CRIMINOLOGY AND CRIMINAL JUSTICE

how criminological discourses there are shaped in the United States during the 1930s, when the harsh
and structured, and how law works in action rather economic inequalities were difficult to reconcile with
than how it is simply expressed in statutes. the American Dream (Downes and Rock 1988, 120).
In spite of the constraints that affect compara- The disjunction between the dream and the means to
achieve the dream was viewed as contributing greatly
tive work, some useful studies are being pro-
to high rates of crime, especially in the lower classes,
duced internationally that can show best practices thus proposing an inverse relationship between devi-
in policy making, possibly resulting in helpful ance and social status (p. 129). Merton attempts to show
policy transfers to other countries. However, data how social structures impinge on individuals by argu-
flows to international agencies about crime and ing that society places greater emphasis on the goals,
crime control come predominantly out of devel- especially economic goals, than on the means of
oped states, and more data are needed from achieving those goals. For this reason, frustration and
developing countries to avoid skewed conclu- strain are created within certain sectors of society and
sions about how well or badly crime is being thus act as catalysts for deviant behavior.
prevented and controlled worldwide. In addition, 11. Saudi Arabia is an absolute monarchy, whose
broad trends are being identified in terms of gen- foundational and operational legal constitutional doc-
uments are Islamic Sharia and the Basic Law of
eral crime rates, and more specifically in relation
Government of March 1992. The king is the custodian
to crimes such as homicide and to issues such as of the Muslim holy sites of Mecca and Medina (Wardak
the use of firearms. The challenge continues to be 2005, 92).
linking data to explanations. 12. See http://countrystudies.us/saudi-arabia/27
.htm.
13. See http://countrystudies.us/saudi-arabia/27
.htm.
Notes 14. Of the 6,236 verses of the Qur’ an, only about
500 prescribe legal and moral rules of conduct (Duncan
1. Guanxi is the Chinese term for social networks 1998, 3).
and influential relationships that facilitate business 15. For example, the punishment for murder is a
and dealings generally. beheading in public, as a lesson to the community, but
2. See http://www.unodc.org/unodc/en/data- the family of a murdered victim has the right to decide
and-analysis/United-Nations-Surveys-on-Crime- on the actual punishment if an alleged murderer is
Trends-and-the-Operations-of-Criminal-Justice- convicted (Duncan 1998, 3).
Systems.html. 16. Executions are performed in the very center of
3. See J. N. van Kesteren, P. Mayhew, and a large plaza in full view of the public. Beheading is
P. Nieuwbeerta, Criminal Victimisation in Seventeen carried out using a four-foot crescent-shaped sword
Industrialised Countries: Key Findings from the 2000 while loudspeaker broadcasting from a mosque bor-
International Crime Victims Survey (Onderzoek en dering the square briefly describes the crime for which
beleid, nr. 187, The Hague: Ministry of Justice, WODC, the person is being executed (Duncan 1998, 12).
2000). There are no developing countries among the 17. Deference and obedience to elders is expected,
seventeen countries surveyed. and rejecting parental wishes is regarded as sinful con-
4. See http://www.heuni.fi/en. duct punishable on the Day of Judgment. Continuous
5. See http://www.interpol.int/Crime-areas/ disobedience to parents can result in forfeiture of future
Trafficking-in-illicit-goods/Databases. property inheritance and social stigmatization. The fact
6. See http://www.interpol.int/INTERPOL-expertise/ that marriages are arranged by parents who also finance
Databases. a son’s or daughter’s education overseas are also signifi-
7. See http://www.unicri.it/. cant factors in parental control (Wardak 2005, 99).
8. See http://www.unodc.org/. 18. Although both secular and religious education is
9. See http://www.unodc.org/unodc/en/data-and- provided, a large part of the curriculum is devoted to
analysis/Compiling-and-comparing-International- Islamic studies. This has the effect of inculcating and
Crime-Statistics.html. reinforcing, through schooling, the same values that
10. Anomie was a concept developed by Robert children are socialized to accept by their parents (Wardak
Merton (1957), who proposed a functionalist theory of 2005, 101).
deviance that differentiates between culturally con- 19. Approximately twenty thousand men perform
structed goals and the legitimate means of achieving this role; they receive a salary but are not part of the police.
them. According to this view, individuals in society They are entitled to detain persons for twenty-four hours
who have little or no legitimate access to the means of before turning them over to the police. They seem to func-
achieving the defined goals may choose illegitimate tion as the policing arm of the Saudi ulama in their role as
means of achieving them. Merton formulated his theory enforcers of public morality (Wardak 2005, 104).
3
Systems of Law
Common Law, Civil Law, Socialist
Law, Islamic Law, Indigenous Law

A
ll countries make laws that include prohibitions and sanctions
against forms of conduct, for example, against deliberately inflict-
ing violence on another person. Violations of such laws constitute
criminal offenses, which are prosecuted by the state. These laws are applied
and interpreted through systems of criminal law and justice. A criminal
justice system in a country commonly comprises police, prosecutors,
courts, and modes of punishment (including incarceration) intended to
process and punish violations of the criminal law when a person is found to
have committed a criminal act. Accordingly, a legal system is constituted by
a set of legal institutions and the rules and procedures they formulate and
apply in their everyday work.
A legal tradition is a less concrete concept. Nor is a legal tradition a col-
lection of institutions or rules for doing justice but rather “a set of historically
conditioned attitudes to the role of law in a particular society, its character-
istic mode of legal thought, and its legal sources and basic ideology” (de Cruz
2007, 27). Thus the legal tradition of a country will largely determine the
nature of its institutions and legal rules and procedures and will absorb social
and cultural elements of that society. The terms legal system and legal tradi-
tion are used interchangeably in this chapter, as is the norm when discussing
comparative legal systems and traditions.
The differences between legal systems and legal traditions, how these
divergences came about, and what makes each system and tradition unique
are also explored. Generally, most legal systems today are identified in the
two major legal traditions of civil law and common law. It used to be the case
that a third category was identified—that of socialist law—but that category
has become problematic over time. In Islamic countries and in African,
Asian, and Pacific countries, elements of Islamic law and of indigenous (or
customary) law remain important to varying degrees.
Examples of civil law systems are Germany and France, most of Europe
and South America, and parts of Africa that were colonized by France,
Portugal, and Belgium. Common law countries include the United States,
England, Australia, Canada, and African countries that were colonized by

31
Exploring the Variety of Random
Documents with Different Content
at once. There was a sentiment in the public mind against the
Catholic priesthood at that time, which a few years later burst out in
what was known as the Know Nothing movement, and was directed
against foreigners indiscriminately. Itwas Augtist 5th before the
committee reported that it had no power to grant the request. It
recommended that the trustees of St. Peter's could surrender their
school to the aldermen, and then it would become Public School No.
2, and would be cared for without further expense to the church.
This report was referred to a special committee and it remained
among unfinished business. Several attempts were made to secure a
division of the school funds at subsequent periods down to 1847,
when Father Kelly, finding the plan to be very unpopular, withdrew
his last petition. On October 4, 1844, John D. Ward, an engineer
with a national reputation, .sent a communication to the council
urging the city to procure a water supply. The matter was referred to
a committee, and a month later the committee reported that the
legislature had chartered a water company, but the people were
opposed to having a supply m the hands of a private corporation,
and nothing was done. In July, 1845, a committee was appointed to
consider a plan for getting water, but the water committee was
discharged in March, 1846, without having accomplished any
practical result. In May following another committee was appointed,
and Hoboken' was invited to join, but this, too, failed and the
question remained in abeyance for a time. The city was growing all
the time. Manufactures and commerce were developing. In 1845 the
Atlas foundry was built ; the following year the Slater & Steele
foundry was put up. In 1847 the Cunard steamship piers were built.
In 1S4S Cobb & Field's foundry was built ; the Paterson and Hudson
railroad was extended to Suffern and connected with the Erie
railway, then having its terminus at Piermont. The Paterson dock was
built to accommodate this railroad line. The furry boats reduced their
time to fifteen-minute trips, and half-hourly boats were run at night.
In 1S49 a pest-house was established on Washington Street, south
of the Morris Canal, for cholera patients. The Adirondack steel works
were built at the foot of Warren Street, the Colgate soap works were
built on York Street, and many smaller manufacturing plants were
erected. The city continued street improvements, and many private
houses were put up. New Year's Day, 1850, was celebrated with
great rejoicing because the Hibemia sailed that day, the pioneer
vessel on the Cunard line. A salute of one hundred guns was fired by
Joseph
 HISTORY OF JERSEY CITY. 49 G. Edge on behalf of the city.
The railway service by the Newark route to the south and the
Paterson line to the west had been very much improved. More than
a million passengers were broug-ht in by the New Jer.scy and Morris
and Essex railroads, and half a million tons of freig-ht. This state of
affairs made \'an \'orst township anxious to join forces with Jersey
City, and the residents of Jersey City were willing to extend the area
of the city. During the fall of 1850 a number of popular meetings
were held to consider plans for consolidation, and the result was the
appointment of a committee of the council to meet a similar 4|r ill
^^ji: THE PATIvKSOX UnCK. NORTH OK THE R.MLROAD" DEPOT.
committee from Van Vorst to prejjare a plan. The result of their
labors was presented to the Jersey City council on February 7, 1.S5 i.
alunj,' with a bill of expenses amounting to $163.45, one-half of
which was assessed against each town. On February 11, 1S51, after
the voters of Jersey City had ratified the charter prepared, it was
sent to the legislature and became a law, subject to acceptance at a
special election. This election in Jersey City was held in the fire
engine house at the corner of York and C.rcgory streets. The total
vote was 495, of which 489 were for the charter, three were against
it, and three were rejected.
 CHAPTER X. THE STORY OF VAN VORST TOWNSHIP —
THE DUKE's FARM — JOHN E. COLEs' PCRCHASE — HOW THE
NEIGHBORHOODS FORMED EFFORTS TO Bl'ILD A CITY BUSINESS
AND POPULATION ATTRACTED A TOWNSHIP CHARTER — OFFICERS
WHO GOVERNED THE TOWN — PUBLIC PUMPS AND WATER SUPPLY
HOW IMPROVEMENTS WERE MADE CHURCHES AND SCHOOLS
BUILT PARKS DONATED CONSOLIDATION WITH JERSEY CITY —
THE CIVIL LIST. PSrjT^HILE Jersey City was laboriously overcoming-
obstacles in its municipal proj^ess, the ■"^yTli settlements on the
hills and upland between it and Berg-en Hill had been growing
gLgg*| slowly. When John B. Coles secured the "Duke's Farm" in
1804 there were but fey.'^.j three roads in Harsimus. One was the
causewav now Newark Avenue. The second was "the road to church
and mill." This road followed what is now the line of Henderson
Street, along the shore of Harsimus Cove to First Street, where a
bend canied it to the comer of Grove and Newark -V venue. Thence
it followed the present line of Newark Avenue to Monmouth Street
along the foot of a sand hill, which was the site of an earthwork
outpost erected by the British during the revolution. The last vestige
of this hill was removed last year from the southwest corner of
Mercer and Brunswick streets. From this hill, nearly on the line of
Railroad Avenue, the road reached Prior's mill, where the earlier
settlers had their grist ground. This mill and the stream that supplied
its motive power were removed to make way for the railroad cut and
embankment now used for the Pennsylvania Railroad. From the mill
the road became what is now Academy Street. It was the road to
the Old-Dutch Church at Bergen Square. The third road began near
Van Vorst's house on Henderson Street and extended northwesterly
to a point near where Jersey Avenue and Twelfth Street now
intersect; thence at an angle to the base of Bergen Hill, where
Hoboken Avenue turned from an east and west direction to ascend
the hillside. There was a small tavern at this junction which afforded
a resting place for teams. This road was the only route by which
residents of Harsimus could reach Hoboken without a boat. The
residents of Harsimus settled in neighborhoods. The southerly
settlement was on the upland now embraced in the area bounded by
Grove Street. Jersey Avenue, York Street and Railroad Avenue. The
Newark turnpike made a settlement along Newark Avenue. The Van
Vorst settlement on Henderson Street formed a nucleus for another
neighborhood, and the Traphagen and other families formed a
neighborhood north of Pavonia Avenue along the shore. When Coles
bought the Duke's farm, he secured the greater part of the upland
and meadow north of Newark Avenue. This he laid out in lots with
right-angled streets. The sale of these lots created a new
neighborhood. The older residents were few and were mainly
interested in fishing and farming. Harsimus Cove was used for oyster
and clam beds and for shad fishing, and there was quite a little
fishing community settled on the shore near where Provost Street
now crosses the Erie railway. The cove was divided by a point of
land which jutted out at Pavonia Avenue and for a short distance
above it. A wharf was built at the outer end of this point and a
roadway, dry at low tide, was built out to it. This was called the Long
Dock. A ferry was authorized at this point in 1753, by grant of
George II., but it was not established. Attempts were made in 1765
and iSiS to revive this grant, but no ferrv vv'as established there
until 1S61, when the Pavonia ferry was started. A peculiar
clannishness was generated among the e.arly residents. The tirst
settlers, north and south of Newark Avenue, belonged to the Dutch
Reformed Church. Along the turnpike a good many Baptists were
located ; while Methodises Presbyterians and Episcopalians came in
the wake of the Coles movement. The Particular Ba]5tists were a
very exclusive set. and were the first in Van Vorst to organize a
church. They erected a small brick building on
 HISTORY OF JERSEY CITY. SI BaiTow Street. It has since
been occupied by a number of denominations and is still standing. It
was built in 1839, and is the oldest church in Van Vorst. The total
population of the township the year this church was built was 074.
The advent of Coles put an end to farming- as the main means of
support, though there were a good many small farms in Harsimus
fifty years later. Manufacturers began to locate, and by the time
Jersey City had emerged from its proprietary' government there
were quite a number of them — Olcott's and Maxwell's rope-walks,
Mill's oakvim factory, Saver>''3 hollowware foundr}', Soule's
silverware factory, Mix's candle factory, a button factory, a large
distillery on the shore, a large brewery, starch and paper mills and
several smaller places. The territory remained a part of the township
of Bergen and the governmental wants of the residents were so few
that they wore content. It was not until Hudson County was set off
from Bergen County in 1S40, and a county legislature was formed,
that the residents of Harsimus began to feel the need of autonom\-
and representation. The county was created in February and a
movement was begun at once to form a separate township in
Harsimus. It was simply a section of Bergen township, a township
which included all of the present county except Hoboken and Jersey
City. The movement for a separate municipality was favorably
received, and at the next session of the State legislature a bill
providing for anew township was introduced. It received the
gubernatorial signature on March 11, 1841. Thenewtown was
calledVan Vorst. in honor of the family which had been so
prominently associated with its history from its settlement in 1636 to
that time. The new town did not reach Bergen Hill at any point. It
was bounded on the north by the Creek of the Woods, a
considerable stream which separated it from Hoboken ; on the west
and south ilill Creek formed a natural boundar\' to Jan de Lacher's
Point near Jersey Avenue and Johnston Avenue ; thence the shore
line of the bay was the boundary. This point had become a part of
the Van Horn farm at that time and was known to the residents as "
Mill Creek Johnnies." The eastern boundary was Grove Street, then
called Kellogg Street, and Harsimus Cove. The population of the new
town when it was set off was 1,057. The first town meeting was held
at David Bedford's inn, on the south side of Newark Avenue,
between Grove and Barrow streets. The election under the charter
was held in the same place on April 12, 1841. These officers were
chosen : Township Committee, Cornelius Van Vorst, Thomas
King.sford, Matthew Erwin. Jeremiah O'Meara and Elias Whipple ;
Freeholders, David Jones and Henry M. Traphagen ; Town Clerk,
Stephen H. Lutkins ; Assessor, Robert McLaughlin ; Collector, Robert
Sims ; Jvidge of Elections, John Brill; Overseer of the Poor, John
Mclver : Overseer of the Highways, Patrick Corrigan ; Pound Keeper,
Matthew Hole ; Constables, David Bedford and Patrick McKieman ;
School Committee, Timothy Edwards, George F. Hopkins, John
Gilbert ; Commissioners of Appeals, Hiram Gilbert, Andrew Casey,
Andrew Anderson: Surveyors of Highways, Alexander AV'ilson and
Michael Lynch. The appropriations voted were : for support of poor,
§100 ; for common school. Si 00, and for roads, S150. In spite of
the limited tax levy the officials laid out considerable work in grading
streets and sinking wells. This work was paid for by assessing the
property benefited The people were fairly progressive, and the town
soon showed signs of improvement. 'r««^j^\ THE OLD STO.N'E
HOUSB.
 SJ HISTORY OF JERSEY CITY. The followinjf year the
example of Van Vorst caused the other sections of Berjjen township
to ask for separation, and a bill was introduced in the legislature of
1S42 to separate the township of Bergen into four townships. The
town committee of ^'an Vorst opposed this bill, because no provision
was made for a distribution of the common funds, and township
property, including' a poor farm that had been acquired before Van
Vorst township was set off. The main cause of contention was the
money returned to the States by the United States government
under the law of March 10, 1837, when, on account of hard times,
the surplus in the United States treasury was apportioned amonij the
States. Berjjen township had received as its quota $41,147.82 of this
money, when the State divided it amont;- the counties, and Van
Vorst claimed its pro rata share. There was chronic trouble about the
distribution of the school funds, which were collected from the State
treasurer by the Ber
 HISTORY OF JERSEY CITY. S3 foot until water was reached.
The residents could have an eight-inch wall built if they wished, but
it was not to add more than twenty-five dollars to the cost. This well
was completed in one month and cost Sn". and the property one
block each way was assessed. The first street lamp was put up, on
i)etition of Selah Hill, at the comer of Grove Street and Railroad
Avenue on December 3, 1X45, at a cost of twelve dollars. Petitions
for lamps on Grove, Erie and South Eighth streets were presented to
the town committee about the same time, but they were withdrawn
because a majority of the property-owners had not petitioned for
them. The to^\■n did not feel wealthy enough to maintain the lights
without a special tax on the property in the vicinity of each lamp.
This was not the only point on which it was found that the tovra
committee lacked power. The turnpike company owned Newark
Avenue and had open ditches on each side to drain it. These became
a nuisance. Many remonstrances, public and private, were made, but
the company igoiored them. Finally the town committee made a
demand for the cession by the company of the roadway from Grove
Street to the " Bull's Head," at Monmouth Street. On February 18,
1846, the legislature passed a supplement to the charter which gave
power to settle the Newark road nuisance. This charter also gave
police power and authority to enact ordinances to protect streets,
sidewalks and trees. Under this charter Robert C. Bacot was
authorized to make a grade map of the township. He finished it on
July I, 1846, and fixed Grove Street and Pavonia Avenue as the
summit of the grade. From there the grades were to fall in all
directions ten inches in each hundred feet. This plan provided for
drainage easterly into Harsimus Cove, westerly into Mill Creek and
northerly into the Creek of the Woods, which divided the township
from Hoboken. It was a comprehensive scheme, and it would have
been well if it had not been abandoned at a later date. The blunder
made by changing this plan has entailed expense and annoyance to
this day. The charter did not contain adequate power to enforce the
payment of assessments, and the town committee made another
appeal to the legislature at the session of 1846-7. They asked for
this power, and also for power to construct piers and docks, to
create a lamp district. and to provide protection from fire. There was
so much opposition that the bill was withdrawn, and the committee
decided to do what was possible under a liberal construction of their
general powers. In December, 1846, a committee was appointed to
ascertain the cost of a fire engine, and their efforts resulted, on June
2, 1S47, in a contract with James Smith, of New York, for an engine
at $750, a hose carriage at $55, and four hundred feet of leather
hose at .$260. On the same day a town meeting was held to raise
money for a school and to form Engine Company No. I. On June 23d
Washington Fire Engine Company was organized with fifteen
members and authority to increase the membership to forty. On
September 1st this limit was increased to seventy-five, in order to
have margin for absentees. Twenty-seven new members were
elected at once, and the company petitioned for a new engine
house. The town committee bought a lot on Bay Street from John
Arbuckle for S450, and had an engine house built. The site has been
used for fire purposes ever since, and is now occupied by fire
headquarters. In the passage of time the neighborhoods were
growing closer together, though thev were not united in one
community, except in name. The residents south of Railroad Avenue
wanted a church. They were tired of going either to Jersey City or
Bergen, and they felt strong enough to support a church nearer
home. The result of this feeling was the organization of the First
Reformed Church of Van Vorst. in March, 1846. A substantial brick
church was built on Wayne Street, and it is still in use as the Second
Reformed Church of Jersey Citv. The following year the Episcopalians
felt strong enough to start a church north of Newark Avenue. The
first meeting was held in the Barrow Street Baptist Church. A small
frame church was erected on the west side of Grove Street, in
Olcott's rope-walk yard, a little north of Newark Avenue, as a result
of this preliminary meeting. Six years later the congregation built a
fine brown stone church, and the old frame structure was moved
into Morgan Street for a colored congregation. Later it became a
carriage house and stable on the rear of a lot on Morgan Street,
near Henderson, where it now stands. In July, 1848, the Methodists
built a small frame church on Third Street. It was called officially the
M. E. Church at Pavonia. It was enlarged some years later and
became St. Paul's, which still remains and is a large church. These
church organizations are noted to indicate the kind of people who
laid the foundation for Van Vorst. At that time its population had
increased to 3,601. The town committee elected in 1848 decided
that it would not meet in a tavern any longer.
 54 HISTORY OF JERSEY CITY. Organization was effected in
the residence of Thomas A. Bridgewood, a jeweler, on Seventh
Street near Jersey Avunuc. He was a member of the committee. The
people who had business with the committee objected to soins^ to a
private house, and the town committee appointed a sub-committee
to find a suitable mcctin;^ place. They could not find a public hall
and were forced to select another tavern. This was the Weaver's
Arms, a saloon kept bv William Houjjh, in a brick building that is still
standing on the south side of Newark Avenue, near Jersey Avenue.
Hough gave the use of a room for gi a night and fifty cents a night
for special meetings. The town committee decided to follow the
example set by Jersev Citv and procure improvements by the issue
of bonds. They contracted for the pavement of the drove Street
roadwa}from Newark Avenue to Pavonia Avenue, and decided to
make more liberal arrangements for public school sen-ice, even to
build a new school-house, to be paid for in bonds. The school was
maintained as a private enterprise by Isaac Corriell and he received
public pupils for a certain sum allowed by the town committee. In
the spring of 1848 the committee hired a frame building on Willow
Street, now Third Street, between Grove and Erie streets for a
school-house. It had been used as a factory. The owner made the
necessary alterations and leased the building for five years at an
annual rental of .§^50. That was the first public school in Van Vorst.
The Catholic Institute now occupies the site. On ilarch 30, 1849. the
two districts into which the town was divided agreed to pay S547.13
toward the maintenance of the school, on condition that fifty pupils
should be taught free of cost. The rates for other pupils were :
Primary, Si a cjuarter ; intermediate. Si. 50 a quarter, and higher
branches. §; a quarter. The teachers were Isaac Corriell, principal ;
W. Sipples, A. S. Corriell and Miss A. M. Corriell, and Miss Fay,
assistants. There were then eightytwo pupils of seven years or
under, sixty-four in the female and ninetyfour in the male
departments, making a total of 240. Thefollowingyear the town
raised the allowance to §95 o, and de'"*^H>C ^v>-- ?-"--:.; '-^j^
RKSIDEXCF. OF CORXEI.IS V.AX VORST. .\t Wayne St. and Jersey .-
Sive. ,% manded free tuition for 100 pupils. The only parks owned
by Jersey City were created in the town of \"an Yorst, and the most
interesting events in the history of the town during 1849 were
connected with them. These parks are in a manner memorials of the
\'an Vorst and Coles families. John B. Coles had Hamilton Park laid
out in the northern centre of the town, but up to the time of his
death it had not progressed beyond a park on the map. In the spring
of 1848, twenty -one years after John B. Coles died, his heirs
decided that they would take possession of the park. They claimed
that the town had no deed for the land and had never accepted it.
To remedy this, the town committee had four trees planted on the
ground in March, and by advice of counsel took formal possession.
For two years no further demonstration was made, but the land was
increasing in value and the heirs did not want to lose it. They
renewed their demands, and in 1850 the town committee had the
park enclosed with a wooden fence. The town attorney was directed
to have the statements of Henn,- Traphagen and Thomas J.
Vermilyea taken in the presence of witnesses to preserve evidence
that John B. C61es had not only caused a map showing the park to
be made, but he had informed his contemporaries that he intended
to dedicate it to the public use. These witnesses were old men, and
the committee feared they might die before the ejectment suit
against the heirs could be tried. These old men testified that Coles
told them in 1.S04 that he had dedicated the land for a park. The
suit was won by the town, but before a decision was reached, the
town had ceased to exist. At the time this question was agitating the
town the \'an \'orst family made a claim for the surplus earth in Van
Vorst Square. This park was given to the town by Van \'orst in 1835.
It was hilly ground, and had remained unimproved fur fifteen years.
Tlie tnwn committee and Cornelius Van \'orst agreed to settle the
matter by ccmcessions. Van Vorst had experts examine the land, and
they reported that there were 7,0^9 cubic yards of surjjlus earth in
the hill, and 3,147 cubic yards of deficiency to bring the low ]5arts to
grade. The surplus earth was valued at $1,500, and he offered to
grade the park and erect a fence for $;,ooo. His offer
 HISTORY OF JERSEY CITY. 55 was accepted, and he
contracted with B. M. Woolsey and Wm. Sanders to build and paint
the fence for §1,034.40, and with I. and P. Henderson, florists, to
plant trees in the park. The work was done and the wooden fence
remained until after the town of Van \'orst was almost forgotten. The
trees were of various kinds, including- a number of willows, which
were planted on account of their quick growth. The willows are all
gone now, but the other trees are still in existence, nearly half a
century later. In 1849 the assessor took a census of the town b}"
order of the town committee and found that the population had
grown to 4,166. In the spring of 1S50 the town committee
appropriated $100 to fit up a room in the fire engine house on Bay
Street to be used as a meeting room. That was the nearest
approach to a town hall the township ever had. The United States
census of 1850 showed a population of 4,617, of whom twenty-four
were colored persons. In July of that year the town committee
contracted for the lighting of sixty street lamps, at S15 per lamp, the
light to be supplied by camphene. In October of the same year the
first police force was organized. It consisted of a night watch of ten
men at monthly salaries of $18. In the meantime the marsh between
Jersey City and \'a.n Vorst had been filled in. The creek that had
divided them had long since disappeared and the streets were
continuous except on Montgomer}- Streec, which was not cut
through. The outlet for \'an Vorst was through Jersey City, and the
interests of the two towns were so thoroughly identified that talk of
consolidation was frequent and the plan was popular. Meetings were
held in both places to discuss the matter, and early in 1851 it had
reached a point where all that was required was action on the part
of the legislature to produce the result. On February i;:, 1S5 i, the
town committee held a special meeting to consider a bill which had
been prepared by a joint committee consisting of sub-committees
from the town committee and the Jersey Cit}' Board of Aldermen.
This bill was a new charter for the united city. It had been
thoroughly considered at ttiwn meetings held both in Jersey City and
Van Vorst in the preceding September and had been amended by
the people in both places. Jersey City had been more progressive in
public improvement, and as a result had created a bonded debt. Van
Vorst had but little debt and the most serious question that arose
was the equalization of this debt. Van Vorst accepted consolidation
on condition that the new city should provide schools, engine housos
and fire apparatus to equalize the debt in the two sections. This
matter disposed of, there was no need for further delay in
accomplishing manifest destiny. The matter was submitted to the
people on March 27, 1S51. The election in Van Vorst was held in the
engine house in Bay Street. The poll list contained 426 names, and
the vote was : for charter, 377 ; no charter, 47 ; rejected, 2. The
assessor's census that spring showed a total population of 4,725, of
whom 2,264 were males and 2,461 were females. The last official
action of the town committee was to order an election for officers of
the new city. \'an Vorst had become the Third and Fourth wards of
Jersey City. The Third ward polling place was at the market, comer
of Grove Street and Railroad Avenue, and the Fourth ward poll was
at the engine house in Bay Street. With that election the old town
disappeared. To-day even its boundaries cannot be located on the
ground. The cove is filled in, the creeks have disappeared and
scarcely any of its former residents are alive. The members of the
Township Committee during its brief life of ten years were :
Cornelius Van \'orst, 1841-42. Cornelius V. Traphagen, 1S44-45-46-
47. Thomas Kingsford, 1841-42. John Brill, 1844-45-46-49. Matthew
Quinn, 1841-42. William R. Drayton, 1S45-46-47-48. Jeremiah
O'Mcara, 1841-42. Selah Hill, 1846. Elias Whipple, 1841-42. Barzilla
W. Ryder, 1847-4S. , < Alexander Hamilton, 1S43. Thomas D.
Jordan, 1847. Stephen Garretson. 1843. Cornelius Van Vorst, Jr.,
1848-49-50. Hiram Gilbert, 1843. Thomas A. Bridgewood, 1848-50.
Henry A. Booraom. 1S43. Louis B. Cobb, 1849. Andrew Anderson,
1844-45-46-47-49. Joseph Kissam, 1850. John Van Vorst, 1844-45-
4S-49. Richard R. Rappleyea, 1850. Robert McLaughlin, 1844.
Charles Fink, 1S50. The Town Clerks were : Steiilien H. Lulkins,
1841-42; Andrew Anderson, 1843; Earle I!. Sippell, 1844; E. W.
Kingsland, 1S45-50.
 CHAPTER XI. THE ENLARGED CITY — BOUND TO HAVE A
WATER SUPPLY — PLAN'S PROPOSED THE SITE FOR PUMPING
STATION AND RESERVOIRS CHOSEN — GREAT REJOICING OVER
THE INTRODUCTION OF WATER SUDDEN GROWTH IN POPULATION
— THE VISIT BY ABRAHAM LINCOLN — AN OFFICIAL RECEPTION.
s^^^HHEN the census was taken in the summer of 1850 Jersey City
had 6,856 population, -.•TB and Van Vorst had 4,617. The increase
by the time the new city government was |SB:/J organized in the
spring of 1851 gave the city about 12,000 population, or nearly as
much as there was in the rest of Hudson County. The city
government obtained fresh vigor and extended powers. The fire
department was reorganized and strengthened, a board of education
was organized, and a financial department was created with a
comptroller and a city collector. The records show continual work in
extending and improving streets, the greatest activity being in the
Van Vorst section, where large gravel hills afforded material for
grading. On July 13, 1852, the city debt was $52,116.07 ; the
arrears of taxes, $17,616.62 ; leaving a net debt of $34,499.45. The
real estate bought for schools, engfine houses and other purposes
represented $33,730 of this amount, and 159 street lamps covered
almost the balance; every dollar up to that time was accounted for.
The area of the city was then about nine hundred acres, and the
increase of population had a growing tendency to damage the water
in the public wells. In many sections there were no wells and pipes
were laid to connect flowing wells with cisterns to save the carriage
of water. The filled-in meadow sections could not have wells because
of the salt water, and residents were compelled to buy water. This
was hauled in barrels and sold by the gallon from door to door. The
trouble caused by wells running dry was very serious, and there was
much complaint. On October 4, 1844, John D. Ward sent a
communication to the common council asking them to apply to the
legislature for authority to build a city water-works. His
communication was referred to a committee. The committee
reported back that a company had already been chartered to supply
the city with water. That was the era of special legislation, and the
charter was probably a salable commodity. The company did not
materialize, ilr. Ward again brought the matter before the common
council on July 14, 1845, and another committee considered it until
March 20, 1846, when it was relieved by order of the common
council. On May 14, 1846, a new committee was appointed. It
consisted of Oliver S. Strong, Robt. Gilchrist and Peter D. Vroom.
They took counsel with Andrew Clerk and Robert C. Bacot and made
a thorough examination of possible sources of supply. They paid
their own expenses, and could not be deterred by insinuations about
a job. Several plans were proposed for obtaining a supply : artesian
wells, catchment basins on the west slope of Bergen Hill, tapping
Rockland Lake, taking it from the Passaic River above the falls or at
Dundee Dam, or taking it from the Morris Canal on the Bloomfield
level, but none of these were satisfactor}-. The committee favored
the Passaic at Belleville, and authorized Messrs. Bacot and Clerk to
prepare plans and estimates. Finally a temporary commission was
appointed to provide a feasible plan. The commissioners were :
Edwin A. Stevens, of Hoboken ; Edward Coles, of Van Vorst ;
Abraham J. Van Boskerk and John Dod AVard, of Jersey City. Stevens
and Ward were engineers, and all were men in whom every citizen
had confidence. The commissioners employed William S. Whitwell as
engineer. He had made a reputation in connection with the Boston
water-works, and was highly thought of as an hydraulic engineer. He
began a sun-ey -on August :6, 185:, and on December 5th a public
meeting was held in the Lyceum Hall, on Grand Street, to hear his
report. The council invited the town committee of Hoboken to attend
the meeting. His plan was to pump the water from the Passaic River
above Belleville to a settling reservoir on Schuyler's Hill, 157 feet
above tide. Thence the water was to flow by gravity to a distributing
 HISTORY OF JERSEY CITY. THE BERGEN HILL RESERVOIR.
~Z2 reservoir on Berg^en Hill. 128 feet above the tide level. The
water of the Passaic River at that time was so clear that the stones
in the bottom could be seen from a boat in midstream. It was
protected from the salt water tides by a rocky reef below Belleville,
which kept most of the salt water from flowing up to the intake. The
water was good and abundant. The estimated cost was about
$600,000. The people were satisfied with the plan, and on March 25,
1852, the legislature passed an act authorizing the work. The
construction was prosecuted with vigor, and on June 30, 1854, water
was turned on at the Belleville reservoir. On August 15th the ser\-ice
mains in the city were supplied. The plant at that time consisted of a
rising main at Belleville, with one Cornish pump, one main across the
meadows and the service mains, with the two reservoirs. The total
cost of the works up to the time the water was turned on was
$652,995.73. On October 3, 1854, the introduction of water was
celebrated by a parade and a general holiday. The council made an
appropriation of $2,500 to defray the cost of the celebration, but
Mayor Planners vetoed the resolution, and the expense was borne
by the water commissioners. It was $2,414.55. The introduction of
water made a general sewer plan necessary, and this work w^
placed under the control of the water commission. The sewers
previously constructed vf^e utilized, and the old plan of draining
from the high central ground, both east and west, was continued. An
extensive plan was adopted by which Mill Creek and the Creek of the
Woods, on the Hoboken boundary, were to be connected by a tidal
canal. The engineer's estimate of the cost of the canal was $75,000,
with $100,000 for right of way. This plan was urged for a number of
years and modified in various ways. George H. Bailey proposed that
the flow of water in the main from Bergen Hill should be utilized to
operate a pump in passing down the hillside. This pump would raise
2,000,000 gallons of salt water from the canal ten feet and give a
head that could be used to flush the sewers. This would have
reduced the pressure in the city, but it would still have had the force
of over eighty feet of head. Another plan was to buy a right of way,
including the creek, of 300 feet in width, extending from Mill Creek
in Communipaw to the river at the foot of the Weehawken blufiE.
This space was to be used for a canal and a treeshaded driveway,
with paths something on the plan of Central Park, in Xew York. R. C.
Bacot proposed a more economic plan, by which automatic gates
would close at the turn of the tide and force the six feet of rise to
escape through the sewers. The canal was never built. The location
of the creeks is now a matter of guesswork. Instead of utilizing this
natural advantage the creeks have been filled up and the sewers of
the lower portion of the city are a source of annoyance and expense.
Some time they will have to be entirely reconstructed at an
enormous cost. The completion of the water-works marked another
epoch in the life of the city. By the ^AJCl THE CITV IN- iSs:
 58 HISTORY OF JERSEY CITY. spring of 1855, but little
more than half a year later, the population had advanced to 21,715,
or about 100 per cent, in five years. About this time the Long' Dock
Improvement Company was organized to construct a terminal for the
Erie Railway Company, and a large force of men were employed in
building piers at the foot of Pavonia Avenue and north of it. Another
large force were busy at the same time in constructing a tunnel
through Bergen Hill for the railway. The work dragged on account of
lack of funds, and the unpaid tunnel laborers created trouble by riots
which required military force to suppress, but the enterprise was not
abandoned. In i86i the tunnel was completed and the piers were
ready for business. The Pavonia ferrj- was started on May i, 1861,
with three boat.s. the Niagara, (.Inalaska and Onala. Thcccmpletion
of this large undertaking gave the Erie Railway an independent
terminal, and its trains were no longer run over the New Jersey
Railroad from West End. The New Jersey Companv's business had
increased to such an extent that it required all the terminal facilities
it owned in Jersey City. The opening of the tunnel was speedily
followed by the abandonment of the Piermont terminus, and the
removal of the Erie's repair shops from the river town to the
meadows near the eastern end of the tunnel. This made a large
addition to the citv's population, and was the most important local
event of the year. The census of i860 showed a population of
29,226. The demand for dwellings kept the artisans busy, and almost
every street resounded with busy saws and hammers. The hard
times of 1857 caused a great deal of suffering in the city, and the
relief of the poor was one of the most serious items of expense. In
i860 the city was financially comfortable, and the erection of a new
city hall and a police station with a bell tower bore evidence of the
fact. Street improvements had been carried on in a desultory
manner during the hard times, but the work was prosecuted more
vigorously after i860. The exciting presiMONTGO.MERV STREET
WEST FROM HUDSON" dential election of i860 had filled the Streets
with marching men, and the excitement of the campaign had
scarcely died away when the attitude of the South began to absorb
attention. As the winter of i860 melted into the spring of 1861 the
tone of the South began to indicate trouble, but no one in Jersey
City believed that the trouble would assume the proportions to which
it developed. 'WTien it was known that President Lincoln would pass
through Jersey City on his way to be inaugurated, a citizens' meeting
was called to devise means of honoring the nation's executive. The
common council also held a special meeting to do honor to the
President. The ferry company prepared the John P. Jackson, its
newest boat, to make a special trip. It was prettily decorated with
flags and started for New York at 8 A. M. on Thursday, Feb. 21,
1861. Onboard was Mayor Cornelius Van Vorst and Atty.-Gen.
Dayton, representing Gov. Olden : the senatorial committee,
consisting of Senators Jonathan Cook, Samuel Wcstcott and Wm. F.
Brown ; the assembly committee, consisting of Socrates Tuttle,
James Wheeler, T. F. Randolph, John G. Schenck and David Mulford ;
the common council committee, consisting of President A. A.
Hardenbergh and Aldermen Warner, Decker, McBride and Romar ;
the citizens' committee, consisting of S. A. Hopkins, A. O. Zabriskie,
Ephraim Marsh, D, .S. (ircgor\-, Magnus Traphagen, and a number of
aldermen, citizens and ladies. When the Presidential party was
received on board the boat a speech of welcome was made by A. A.
Hardenbergh. The boat was not heated and the cabins were cold.
Honest Old Abe towered above the heads of all and was introduced
to all. He was in good humor and produced a good impression on all
who were on board. As the boat neared the Jersey City slip the
Hudson County Artillery fired a salute of thirty-four gims from the
Paterson pier, and the Cunard steamers, that were docked at the
foot of Grand Street, joined in the salute, making quite a cannonade
for half an hour. In the railroad depot a carpeted flat car had
 HISTORY OF JERSEY CITY. 59 been arranged for a
platform, and Atty.-Gen. Dayton made an address of welcome to the
President. Lincoln replied briefly. The crowd pressed forward to
.shake hands with Lincoln, with many words of con;
 CHAPTER XII. THE CITY DURING THE WAR PERIOD THE
FLAG FIRED ON — A BURST OF PATRIOTISM— RECRUITING
STATIONS OPENED — PUBLIC MEETINGS HELD THE DRAFTS —
STREET SCENES. HE Story of the war is the history of the nation.
Local facts and incidents of the period as they are recalled raise
pleasant recollections for some, but for many they T-^Syj, 1 touch
old wounds that throb anew. Survivors of broken family circles are
linked in memorv with many grassv mounds. JIany can close their
eyes and see mental visions of enthusiastic fathers, brothers and
sweethearts whose place knows them no more, while thousands
only know that their loved ones marched away. Jersey City in those
days was a small place. The census of iS6o showed a total of 29,226
men, women and children. Hudson City had 7,229, Bergen, 7,429, of
which about 1,000 were in Greenville, making a total of 43,884 in
the territorj' now embraced in Jersey City. To these the daily papers
brought news of the Slf^^J JERSEY CITY AT THE BREAKING OUT
OF THE WAR. Southern discontent, but to the majority it conveyed
no idea of actual war. Even when it was announced that an army
was assembling at Charleston, and that threats were made against
Maj. Anderson and his little band in Fort Sumpter, the people did not
believe that the government troops would be attacked. When Gen.
Beauregard had fixed upon an hour for a surrender or an attack, it
was looked upon as a kind of a bluff. On the morning of Friday, April
12, 1861, before daylight, the streets seemed to be filled with
hoarse-voiced men and boys, shouting extras. Men and women
appeared at the doors wondering at the tumult. The extras were
eagerly bought and read. The people were dumbfounded. The flag
had been fired upon at 4 o'clock that morning. Surprise gave way to
indignation as the news spread. It seemed as if everyone was ready
to go to war in a moment. All day Saturday and Sunday the war
feeling grew as the insult to the flag was discussed. On Monday, the
15th, the President's call for 75.000 men was published. Xew
Jersey's quota was four regiments of 780 men each, a total of 3.120.
The commandants of the city militia companies did not wait for
Governor Olden's proclamation. Monday's daily papers contained
calls for the companies to assemble at their meeting places that
evening. The Union Minute Men's call was signed by President F. G.
Wolbert and Secretary J. D. Van Dyke. They met in Cooper's Hall.
Captain John Ramsey summoned the Hudson Guard ; Benjamin F.
Champney called the Jersey City Ferry Guards ; W. A. Fisher,
Captain, and Frederick T. Farrier, of the other company of the
Hudson Guards, signed the call for a meeting and the ranks were
filled
 HISTORY OF JERSEY CITY. 6i at once. On Tiiesday
evening^ a mass meeting- was held in the Hudson House on Grand
Street. I. W. Scudder was made chairman and C. H. Dummer
secretar>'. Stirrin;^ patriotic speeches were made, and on motion of
Thomas Potter a roll was opened for vohmteers. The first man to
sign the roll was James M. Weart. He was a younij lawyer, in his 23d
year. He served with distinction in two regiments, having- rc-enlisted
at the end of his first term, and lived through the perils of war to die
an accidental death seven years after the war closed. He was a
brother of Hon. Jacob Weart. His was the first name actually enrolled
as a volunteer in New Jerse)-. Thirty men signed the roll at this
meeting and all were moved by the addresses delivered by Nathaniel
C. Slaight, Benjamin \'an Riper, John H. Low and others. The crowd
was carried away by their enthusiasm and sang patriotic songs as
they left the hotel. The recruiting became brisk after that. The signs
on the fronts of the stores where recruiting offices were established
gave much information about the terms of enlistment, some of
which was from the articles of war and some that was evolved from
the inner consciousness of the recruiting agents. For example, one
flaring sign on an office near the city hall offered free tickets to the
Southern excursion. Beautiful picnic groves in the sunny South, free
fireworks and refreshments were among the attractions. The two
companies of the Hudson Guards were consolidated, and became
Company G of the Second Regiment, New Jersey Militia. The
Communipaw Zouaves were recruited in Park Hall, an old frame
church Gov. Olden was published building, which had been removed
from the south side of Grand Street to a plot adjoining the northwest
square at Grand and Washington streets. No commissary
department had been organized, and the men would have suffered if
it had not been for the kindness of neighbors, and especially of Mrs.
D. E. Culver, who pro-vided coffee and sandwiches for them. Several
camps were formed, and the recruits were hastily drilled in vacant
lots, frequently practising in marching far into the night. The call
issued by J.AMES M. Wii.ART. FIRST.NEW JERSEY SOLDIER. on
Wednesday, the 17th. In it he ordered all organizations or
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