Question 1

What is the difference between common law and civil law systems?

Accepted Answer

Common law systems (UK, US, Australia, India) rely heavily on judicial precedent: courts follow prior decisions. Civil law systems (France, Germany, Japan, most of Latin America) rely primarily on codified statutes. In criminal justice, the most visible difference is the trial: common law systems are adversarial (prosecution vs. defense before a passive judge), while civil law systems are inquisitorial (a judge actively investigates the truth).

Question 2

Why do some countries still have the death penalty?

Accepted Answer

Countries retain the death penalty for various reasons: deterrence beliefs, retributive justice values, political popularity, and the influence of traditional or religious legal systems. As of 2024, over 55 countries retain the death penalty in law and practice, while over 110 have abolished it. The global trend is toward abolition, but some of the world's most populous countries (China, India, the US, Indonesia) still execute people.

Question 3

What is mass incarceration?

Accepted Answer

Mass incarceration refers to the exceptionally high rates of imprisonment in certain countries, particularly the United States, which incarcerates about 1.9 million people, the highest number in the world and one of the highest per capita rates. The causes include the War on Drugs, mandatory minimum sentences, three-strikes laws, and systemic racial disparities in policing and sentencing.

Question 4

What is restorative justice?

Accepted Answer

Restorative justice is an approach that focuses on repairing the harm caused by crime rather than punishing the offender. It typically involves facilitated meetings between the victim, offender, and community to discuss the impact of the crime and agree on how the offender can make amends. It has been used successfully in juvenile justice, indigenous communities, and post-conflict settings.