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Reasearch Into US Criminal Policies

Posted on:2009-09-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y P LiuFull Text:PDF
GTID:1116360272483858Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
Study of criminal polices has been very popular in China and some nations of civil law tradition.Our scholars are interested in some issues in the field of criminal policies not only in China,but in other countries,such as Japan,France,and Germany.However,few people works on the research and study into the policies against crimes in the United Sates.Due to the economic hegemony of US and its great impact on the other countries in every aspect,it is rewarding for us to investigate the crime policies,especially its prevention policies though it doesn't necessarily mean its criminal justice system works well and its policies are efficient. This dissertation makes an attempt to probe into the criminal policies in the United States from the perspective of the policies at the extremes.To get better knowledge and understanding of the US policies can be rwarding.The nomenclature of the policy against crimes in the US is not the same as the so-called Criminal Policy in China and other countries of civil law tradition,but the policies adopted in the field of criminal law to strike and prevent crime are within the same scope and almost of the same topics though they prefer different terminology such as crime policy,criminal justice policy,criminal law policy,public polic and crime control policy etc. This dissertation deals with those prevention and policies against crimes in a broad sense,which may be different from the ones in the narrow or mixed sense. Since US differs from us in the system of government,the degree of democracy,the ideology,there is certainly great discrepancy in the two systems,and the different legal traditions calls for different attitudes and approaches to doing research.This paper will try to discuss the US issues in the US way,in the light of practice instead of the pure theoretical problems.To begin with,the dissertation makes a brief introduction to the crime and criminal justice system for a better understanding of the issues at present.After that it talks about the process of public policy and its relationship with criminal policy.Then it discusses the constitutional and theoretical bases of those policies in order to articulate the validity of the policy-making,implementation and supervision.Subsequently,it focuses on the criminal policies at the extremes in US criminal justice system with the strict policies to habitual and repeated offenders and recidivisms and much more merciful one to young offenders and first-time offenders and etc.In addition,it emphasizes the "get tough" movement,to be specific, the "three strikes" law and the zero-tolerance.What's more,it reveals the policies in sentencing,gun control,drug,juvenile delinquency,and correctional system.At last,it draws a conclusion that we can borrow some of the US experiences and learn from the US lessons,thus helping us.
Keywords/Search Tags:Crime, Criminal Justice System, Criminal Policy, Public Policy, Criminal Policies at the Extremes
PDF Full Text Request
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