Creates, defines and regulates rights (Black's Law Dictionary)An American Perspective on Criminal Law
Substantive Law
Creates, defines and regulates rights (Black's Law Dictionary)
Fifty separate penal -criminal laws- in the US in addition to
US (federal) law
Differences in laws-length and detail in description
length and types of proscribed penalties
Historical perspective on THEFT:
Prior to 15th century-taking of property without owners consent
Necessary characteristics for act to be criminal in nature:
Politicality
Specificity
Uniformity (how applied)
Penal Sanction
Procedural Law-outgrowth of Bill of Rights, also statutory in nature
CRIME CONTROL VS. DUE PROCESS MODEL
GOVT RESPONSES AND PROCEDURES RESULT OF TERRORIST ATTACKS
UK-NORTHERN
IRELAND EXPANSION OF GOVT POWERS
Appeals heard in secret
Detention without trial
Defense attorneys specially selected
Burden of proof shifted to defendants (that they have no involvement)
GERMANY
Some changes in process under way
Germans have to carry ID cards (not new)
Prohibitions against govt agencies sharing personal data on ID cards
(NOTE: Idea of Issuance of SSN or any number of all citizens has been rejected)
Attempt to legalize "Große Lauschangriff" failed (seriously hampers surveillance/wire tapping)
FRANCE
Citizens must carry national ID
(subject to be taken to police station if not in possession)
(Always has been the case)
Federal
Court Case on ID requirement for air travel
Legal Traditions
Civil-Relies on Codes-written laws
In US deals with private wrongs
Common-(Feudal, Custom, Equity)
(Legal Custom-ancient, peaceable, certain, compulsory, consistent)
Socialist-law subordinate to policy, desirable end instead
of absolute value
Combination
Islamic (Religious/philosophical)-religion regulates
all behavior
Iran, Pakistan, Saudi Arabia, Syria-most widespread use (Canon
law vs. Fatwa?)
Shari'a-path to follow, consists of writings in Qur'an and Sunna (statements/deeds
of prophet)
Supported by analogical reasoning and consensus by jurists-witness requirement
unusual
Some abandonment of Shari'a in commercial, general civil and criminal
law. Shari'a applied in family law.
Today: Attempts to return to Islamic law
Mazalim Courts-flexibility to rulers
Human Rights and Islamic Law in Northern Nigeria
"This 111-page report documents human rights violations since Shari’a
was introduced to cover criminal law in 12 northern states. Since 2000, at least
10 people have been sentenced to death and dozens sentenced to amputation and
floggings. The majority have been tried without legal representation. Many sentenced
to amputation were convicted on confessions extracted under torture by the police.
Judges in Shari’a courts, most of whom have not received adequate training,
have failed to inform defendants of their rights. "
HRW Index No.: A1609
September 21, 2004 Report
COUNTRIES WITH ISLAMIC LAW OR SOME FORM
THEREOF
Other
(dispute as to how many legal traditions there are)
View legal systems of each country today
Also check 
Some countries experienced more than one system and may have a combination of these today, due to conquests, colonization, etc.
Indigenous Law: 275 American Indian Nations Tribal Court systems
(peace making, elder's councils, sentencing circles)
Differences between civil and common law traditions in decision making by judges:
Addressing ambiguity
CIVIL LAW:
Differentiating between question of law and question of fact. Many issues considered question of law in common law tradition can be question of fact in civil law tradition.
COMMON LAW-develop solutions unique cases by making law
NOTE: Judge in civil law tradition driven by whether person committed offense and less by legal rules concerning admissibility of questionably seized but otherwise probative or good evidence.
SOCIALIST LAW:
Practice of analogy to existing codes
Applied in SU until 1958 with new criminal code
Also applied in PRC until 1997 penal code revision but practice may continue
ISLAMIC LAW:
Mazalim Courts-allowed ruler to make laws (administrative and enforcement rules). Supplemented and enforced Shar'ia.
Some flexibility in interpretation of Qu'ran and Sunna in first few centuries of growth.
Qu'ran-(word of god) recorded by scribes and edited by scholars-One tenth of verses deals with rules.
Sunna-Actions and sayings of Muhammad. (reports-hadith clarify, explain, explore
Conflict between those calling for strict interpretation and those who say human reasoning and personal opinion should be applied. Use of analogy when Qu'ran and Sunna do not answer question as long as principles followed.
Under Sunna or Qu'ran, victim must report violation. Proof of Adultery requires victim to have four witnesses, theft requires two.
Witnesses on victim's behalf must be male adult Muslims of good character. Testify on personal knowledge of truth. No cross examination or presentation of evidence for the defendant.
ZAMFARA
STATE OF NIGERIA
SHARI'AH PENAL CODE LAW
JANUARY, 2000
Important Concepts/Information:
Areas in which comparative studies increase understanding
Reasons for growing interdependence of countries around the world
Barriers to cooperation between countries
Differences between countries that can make a comparison of crime rates difficult
Five global crime problems affecting nearly
all countries
Types of responses to global crime problems by various countries
Types of International Courts
Five different legal traditions
Difference between Islamic Law and other legal traditions
Difference between procedural and substantive law
Witness requirement for prosecuting adultery under Islamic Law
What is a Fatwa?