124785

MSc Criminology and Criminal Justice Criminal Justice Artefact 2 Submitted 8th January 2012 Word Count 2823

This essay will be looking at the extent to which comparative research methodologies can benefit our knowledge and understanding of crime and criminal justice. In order to do this it will be particularly focusing on the area of policing between two selected countries. It will also be focusing on the countries of England/Wales and Japan. For illustrative purposes it may touch upon issues and examples from other countries where relevant, but the main focus will be on England and Japan. It is aimed at trying to establish and critically analyse whether comparative methodologies and comparative research are of use, examples of research methods used and inherent difficulties of conducting such research. Beirne and Nelken (1997) describe this area of research as the systematic and theoretically informed comparison of crime in two or more cultures. Comparing criminal justice systems is a method of research as a way of acquiring knowledge. This knowledge may then be used to achieve different outcomes and purposes such as those detailed below. In terms of the values of comparative research Cole, Frankowski and Gertz (1987) list 6 possible values

124785

a) International co-operation b) Understanding ones own legal system c) Reform ones own legal system d) Unification and harmonization of laws e) Scientific progress f) Classification of legal systems.

International comparisons between other social sciences have existed for a number of years. However it is now also becoming a significant part of police studies. International studies in any discipline can, on the whole, mostly be beneficial, some areas more beneficial than others, and the area of criminal justice is no different. The overall aim may be to reduce crime and to understand the causes of crime but criminal justice goes much deeper than that. In the current climate of financial pressure on government and police services it is also a high priority to deliver results at a reduced cost. Research in this area may become more and more prevalent in finding ways of reducing costs but maintaining service standards. David Bayley (1999) identified what he believed to be four main benefits to crossnational study Extending knowledge or alternative possibilities, developing more powerful insights into human behaviour, increasing the likelihood of successful reform and gaining perspectives on ourselves as human beings.

124785

Key to all of this is also obtaining relevant, accurate and reliable data. The methodologies used must be sound and acknowledged methods of research, failure to do this might undermine the entire aim. Internationalisation has had a large impact on comparative research. For example, with the relationship between various EU member states. With the ease of which people within the EU can now pass between borders without the need for complicated visa procedures this can make analysing crime data an interesting read. Police forces within the UK can exchange data far quicker and have greater contact with their international counterparts than in years gone by. Many policing systems have been studied worldwide, particularly in industrialised nations in the western world. The British system of policing differs somewhat from the rest of continental Europe in that it is a less military-like police force and is more closely linked to the community and local government. Amongst non-western systems of Policing, Japan has been greatly researched. Not least because of its intriguingly low crime rate. Often this is put down to cultural reasons and a large amount of citizen participation and involvement in areas of criminal justice. As with most areas of criminal justice, there are schools of thought that can be given a label or name. It is not my intention to list and summarise these but to apply them to answering the questions laid out at the beginning of this work. Amongst these approaches are the relativist, the positivist, the interpretivist method and many more. Often, and understandably, a lot of comparative research takes place with immediate border countries or those who speak the same language. This is because of a number
3

124785

of reasons such as cross border crime with immediate neighbours being high on the political agenda. There is however much to be gained from researching countries and jurisdictions that on the face of it may seem a world away. If a particular country is excelling in a field of criminal justice, no matter how far away that country or how different the culture then it may be worthwhile to study and compare. An example of this would be between Policing in the UK and in Japan. Whilst crime is crime the world over, the environment and culture in which the crime was committed is not always so straightforward and linked, likewise nor is the punishment. There are huge social and cultural differences between the UK and Japan, not to mention the language barrier. Japan has long been seen as a country with a low crime rate. For a relatively small country (geographically) it has a population of approximately 124million so could easily be referred to as densely populated. It also has one of the highest population to police officer ratios in the world, 561:1 in 1995 (CIVITAS 2010) The first comparative statistic of note between these two countries is the rate of intentional homicide per 100,000 of the population. For England and Wales this figure is 1.4. For Japan the figure is 0.4 (CIVITAS 2010) Further background research into this figure would reveal far more information and detail which may be beneficial to knowledge and understanding. Detail such as any weapons that were used and what type, ages of offender(s), sex of offenders, were victims known to them, any homicides committed under the influence of alcohol or drugs. By analysing this data it may increase knowledge and be beneficial in terms of
4

124785

preventing further crimes or educating people about them including ways to combat them. A relativist approach to this statistic would be to research for anthropological reasons and that behaviour is caused by society, which varies from culture to culture. For example a male acts differently in the UK than they do in Japan, but each considers their behaviour to be normal and acceptable. That would be in stark contrast to a positivist approach which assumes that most criminal justice systems have more things in common than there are differences. A very crude way of describing this would be that there have been a spate of murders involving young males using knives, how is a country facing similar problems tackling that problem or what are they trying to do about it? In a similar vein, and perhaps a more striking figure, is the statistic showing the number of recorded rapes per 100,000 of the population - England and Wales 25.6, Japan 1.5 (CIVITAS 2010) If comparative research methodologies could be used to delve deeper into this statistic then this would indeed be very beneficial in increasing our knowledge. Again there might be reasons behind such a statistic such as were they committed against partners or were they stranger offences. Was alcohol involved and could it be explained by a drinking culture in the UK that is perhaps not as prevalent in Japan? Are rapes as widely reported in Japan, and if not why not? The sharing and analysing of information between criminal justice professionals can help develop a better picture of this.

124785

In terms of punitivity there is another interesting statistic between the two countries, which depending on your school of thought may say a lot about deterrents and effects of strong sentencing guidelines. In terms of persons who are convicted and incarcerated per 100,000 of the population Japan has a figure of 0.82 which puts it in second place on the list of countries surveyed. In contrast to this England and Wales has a figure of 0.04 (CIVITAS 2010) These figures may not look drastically different, but in terms of placings on the league table of persons incarcerated per 100,000 of the population it places England and Wales far behind Japan. This could perhaps be a reason why in the vast majority of other crimes, England and Wales is placed far higher than Japan. Because a larger percentage of criminals in Japan face a custodial sentence this might act as a deterrent for committing crime in the first place, whereas in England and Wales offenders will gamble on the chance, that if caught, they will face a more tolerable punishment. It will never be possible to find a deterrent for every person; human nature dictates that people commit crime for different reasons. However, the more accurate study that is conducted in this area the more we can take appropriate measures to combat it. The above data was presented in truth table form which gives the bare statistics alone and is presented in a quantitative table format. A qualitative approach would take the form of a case study. Criminal Justice issues of course go far deeper and more complex than that alone and a form of case study would perhaps gain even more insight into what the statistics alone suggest. The case study could take the form of a representative case, a prototypical case, a deviant case or perhaps an archetypal case.

124785

There are many theories on the reason for Japans seemingly low crime rate and in comparison between England and Japan there are clear benefits at looking into policing systems in both cultures. Finch (1999) describes Japans policing in that the underlying factors for the success of the Japanese polices ability to combat crime can be seen to be their ability to gather a range of information, the general compliance and law abidingness of the population, and a legal environment which furnishes them with every advantage in the pursuit of suspects. The Japanese polices methodology of gathering information could be extremely beneficial if shared with other policing jurisdictions and criminal justice professionals. Clearly, by simply copying a nations model of policing and attempting to implement that into your own it will inherently create difficulties, not least from an anthropological viewpoint for starters. In Japan, the police prosecutors office and correctional organisations have close relationships and regular co-operation to ensure their systems work smoothly. There is also great discretion when dealing with offenders and the punishment they receive. Citizens are actively encouraged to maintain public order and to take part in crime prevention campaigns as well as being encouraged to apprehend or assist in locating wanted offenders. It is difficult to discuss comparative and international policing without discussing the impact of globalisation. As time goes by and as technology such as the internet has developed there has been greater and easier connection between states and countries. Likewise, and as a result of the greater connection it has also become far easier to share information. The statistical information above was gained at the click of a button

124785

and is easily retrievable by any person with internet access. Before the advancements of technology this information may still have been possible to obtain but may have taken far greater manpower, many years and many hours of work to achieve. This ease of information sharing and research can only benefit our knowledge and understanding. As stated by Francis Pakes (2010) Our worlds are no longer discrete but are intimately connected and we are getting used to the fact that happenings elsewhere, even in spheres that are seemingly distant, can have an acute economic or cultural impact upon local contexts. Mobility has acquired a whole new meaning and potency When undertaking a period of comparisons there are inherent methodological hazards. One of these is known as criminological tourism. In its simplest form this can be whilst spending time in a foreign country you become immersed in the culture almost as if on holiday. That you see all of the local community as friendly and interesting, therefore rendering the results of any case study or research as potentially flawed. Likewise, when studying a country that speaks a different language there are obvious risks of misinterpretation. This makes a comparative study between, such as the example of England/Wales and Japan potentially very difficult unless done the right way. Statistical data is more straightforward than conducting a case study and interviewing people but will only show bare facts, more of a quantitative approach. Materials referenced when writing this paper have varied in their approaches, from relativist through to positivist. They have also differed in what they are seemingly looking to achieve from their research, whether that simply be understanding of a
8

124785

system or being focussed on changing a system. There are benefits to all of these approaches depending on what the overall aim of comparative research is. Earlier on in this paper there are a number of quoted statistics on comparative crimes between the UK and Japan. This statistical truth table approach could, if it was the only form of information presented, actually weaken the research. This is because it leaves more questions than answers, such as what is the actual reason that particular figure is so high? This would present the reader with a figure but no actual understanding of what lies behind it. A totally positivistic or relativistic approach to comparative study could potentially weaken its worth and overall benefit to improving knowledge and understanding. A relativist approach to comparative research will certainly help bring about understanding but not necessarily change. For example studying the rank structure of the British Police in comparison with that of the Japanese Police will help us to understand the differences. However, to bring about change it would need a more positivistic and scientific approaches such as what are the responsibilities of each rank? How effective is their work and statistical analysis of it. This could then give more informed evidence as to whether one system would work better in the other country. The importance of the Japanese Koban in community policing is evident. Different approaches to comparatively researching the Koban could bring about very different results. Simply writing about what it is, symbolises and does can help us to understand it, but it wont bring about change to our own community policing. A piece of research

124785

conducted from a different viewpoint, such as a case study from a more positivistic and scientific angle could help to change community policing in the UK. Methods of research are almost certain to overlap, and increased contact between researchers and academics can hopefully help to improve this area. By sharing, analysing and even debating data this can lead to improved knowledge and ideas. Over the years there has been important and beneficial progress in the area of comparative criminal justice research. In this era of globalisation we are now more than ever becoming closer together with countries around the world and the ease with which we obtain and share information is becoming far greater. Identifying the objective and goals of the research is of primary importance in order for any beneficial outcome to be reached. Such as what is the research hoping to achieve? understanding, change, reform etc. Many styles of research can be followed, specifically focussing on one or more areas and in just two countries or a whole region of the world.
Criminologist

Freda Adler (1996) states

it can be possible for comparative criminal justice research to respond adequately to current conditions that have transformed and will continue to transform the world from a mere collection of separate nations into an interconnected and interdependent global system. Under those circumstances, a comparative approach to criminal justice may also hope to usefully contribute to offer solutions to the dilemmas and challenges that face criminal justice systems across the globe. Despite the above quote being from as far back as 1996, it is still wholly relevant today.

10

124785

As the world continues to grow and faces new challenges, whether that be environmental, economic or another, so too will crime and criminal justice continue to evolve. If progress can continue to be made in areas of comparative research this can be of great benefit. Not all information required will always be available or easily obtainable, legislation around data protection and freedom of information has both positive and negative aspects to the researcher. Some countries may not record the data requested or may not be willing to share it. These are obstacles that any potential researcher has to, and will continue to have to overcome. The future of comparative criminal justice will provide an interesting challenge for researchers and criminal justice professionals, as well as how governments and police services respond to these challenges. Hands-on and first hand research opportunities will on the whole be more beneficial than classroom experiences and equip criminal justice professionals with better skills. Internships, placement and work experience are becoming just as commonplace as relying on textbooks. In the future, technology and computer based applications may handle more and more crime solving tasks, so future criminal justice professionals will have to be as proficient at computer analyses as they are at interviewing people and gathering data the old fashioned way.

11

124785

Reference List Adler, F. Nations Not Obsessed with Crime (1983), Littleton, CO, Fred B. Rothman & Co Beirne P, Nelken D, Issues in Comparative Criminology (1997), Ashgate/Dartmouth Cole G, Frankowski F, Gertz M, Major Criminal Justice Systems (1987), Sage Publications. Finch A, The Japanese Polices Claim To Efficiency: A Critical View (1999), Cambridge University Press Harrendorf S, Heiskanen M, Malby S, International Statistics on Crime and Justice, European Institute for Crime Prevention and Control, affiliated with the United Nations, Helsinki 2010. Retrieved from internet address http://www.civitas.org.uk/crime/crimestats6.php Mawby R, Policing Across the World Issues for the 21st Century (1999), London, Routledge Pakes F, Comparative Criminal Justice (2nd edition) (2010), Devon, Willan Publishing. University of Portsmouth, online unit learning materials.

12