Comparative Criminal Justice in Asia (LAWS70415)

The subject is designed to provide an understanding of the intricacies of several criminal justice systems in the Asian region, considering the multifaceted factors that influence their structures and operations. Our topic coverage will include Japan, South Korea, China, Thailand, Singapore, Malaysia, Hong Kong, Taiwan, and other regions, addressing certain aspects of their criminal justice systems. 

Criminal justice systems embody the distinctive characteristics of individual jurisdictions. What actions are deemed prohibited and, subsequently, warrant criminal punishment? What forms of criminal penalties are permissible, considering their severity and efficacy (e.g., the death penalty or corporal punishment)? Under what philosophies are criminal cases adjudicated? Is it to ascertain the truth or safeguard human rights? Who presides over criminal cases? Legal professionals or lay individuals? To what extent do cultural and religious beliefs influence the legal framework of a particular jurisdiction? How do colonial legacies impact criminal justice systems in ex-colonial states? The answers to these questions concerning criminal justice systems provide insights into the values and principles of societies. Ultimately, they reveal how societies define evil and administer justice. 

This subject aims to explore these issues using a comparative law approach, specifically employing the functional method of comparative law. The instructor will guide students to focus on shared challenges that some jurisdictions confront and must resolve. We will explore the varied approaches these entities adopt to achieve their goals, considering the reasons behind their choices. While this study approach is applicable to criminal justice systems worldwide, this subject concentrates on jurisdictions in Asia. 

Intended learning outcomes

A student who has successfully completed this subject should be able to: 

• Critically assess the applicability of international mechanisms to address local challenges.
• Analyse the social, political, economic, and cultural influences that contribute to shaping a criminal justice system.
• Examine how local communities (such as Australia) can draw insights from the mechanisms of criminal justice systems in other jurisdictions to address their own challenges.