text:
Comparative law and justice/Spain

Part of the Comparative law and justice Wikiversity Project

Mbrum2646 19:31, 9 February 2010 (UTC)

Basic Information

Demographics/Geographical Information

Spain is a country in Europe that shares borders with Portugal, France, Andorra, and United Kingdom (Gibraltar). It is also surrounded by the Atlantic Ocean, the Bay of Biscay, and the Balearic and Mediterranean seas. Its land area covers 192,819 sq. miles and it is populated by 47,326, 687 people (2021). Those 0-14 years old make up about 14.1% of the population and 16.5% of people on Spain are 65 or older. The remaining 69.1% are between the ages of 15 and 64. Its largest and capital city is Madrid, populated by 5,130,000 people. Other large cities in Spain include Barcelona (1,528,000), Valencia (741,000), and Seville (679,100).

Spain is generally thought of as having a warm climate. It experiences heavy rainfalls along the Atlantic coast, where it is usually cooler than in the rest of the country year round. Areas of Spain inland experience colder winters and extremely hot summers. Warmer waters can be found in the areas of the Mediterranean.

 Health and Education

The overall sex ratio in Spain as of 2006 was .96 male to female. Life expectancy is 79 years for men and 82 years for women. Spain has a 97% literacy rate for those at least 15 years old. The infant mortality rate is 4.21 for every 1,000 live births.

Ethnic Groups/Religions

The official language of Spain is Spanish, with a variety of accents and dialects among the 50 provinces and 17 regions. Catalan is spoken in Catalonia, Balearic Islands, and the Valencia region; Gallego is spoken in Galicia; and Basque is spoken in the Basque Country. Catalans make up about 16% of the population and generally live in the Northeast and on the eastern islands. Galicians make up approximately 7% of the population and live in Northwestern Spain. Basques and Gitanos (Gypsies) are other ethnic groups found in Spain. The majority of Spaniards identify themselves as Roman Catholic. Other religious groups include Jewish and Islamic.

Economic Development

Spain's GDP in 2004 was $995 billion and the GDP per capita was approximately $22,421, with agriculture making up 4% of the GDP and industry making up 17%.

Brief History
Spain was ruled by many different groups and countries over time. Iberians settled in Spain around 4000 BC. Trading colonies were set up by Phoenicians, but after their fall Carthage took rule. Romans took rule of the peninsula after the Punic wars. After the Muslims invaded the Strait of Gibraltar, they took over most of the land for about 7 centuries until the Christians from the north began pushing them out. In the 19th century, Spain was divided among conservatives and liberals and experienced many changes in government. King Afonso XIII declared Spain a republic in 1931 until the Spanish Civil War that left Spain under the dictatorship of General Franco. Franco was succeeded by King Juan Carlos after his death in 1975, and Spain became a Constitutional Monarchy with a democratic government.

Governance
Spain is a social democratic state that is governed under a Parliamentary Monarchy (Interpol 2009). The head of state is the hereditary monarch (the king) who holds the power to ratify laws, dissolve the legislature, elect prime ministers and heads the armed forces. The king selects a prime minister, head of government, who must then be approved by the legislature (Inforplease 2005). Spain has a 350 member National Assembly, "Las Cortes Generales", whom are elected by popular vote. The Senate is comprised of 259 members; 208 members are directly elected while the remaining 51 are appointed by legislators. Legislators in Spain serve four year terms (Info please 2005). Each of the 17 regions and the 2 autonomous cities have their own parliament and regional government. The current king of Spain is Juan Carlos I, and the prime minister or President of Government is Jose Luiz Rodriquez Zapatero (Wikipedia 2010). The Spanish constitution became the supreme law of the legal system in 1978. Spain has 3 levels of government: Central, Autonomous Communities, and Municipal governments. Specific rights and guidelines are outlined in the Constitution (NYU Globalex 2010). Spain has a civil law legal system that contains civil, criminal, and commercial codes (NYU Globalex 2010).

Judicial Review
The Supreme Court of Spain has full jurisdiction and is the highest of the courts except in cases involving questions of the constitution, in which the Constitutional Court has jurisdiction. Judges are guided by the constitution and have a responsibility to rule based on written law and treaties. Interpol describes the individual courts of Spain, "The General Council of the Judicial Power is the independent Government body responsible for the judicial power and has jurisdiction over the whole country. It is, however, the Government body responsible for all the courts which make up the Judicial Power. Subordinate to it are the Government Chambers of the Supreme Court, the National High Court (Audiencia Nacional), the High Courts of Justice, and the other jurisdictional bodies with government attributions in their respective areas (Presidents of the Courts, senior judges, committees of judges, and judges) (Interpol 2009) ."

Punishment
Spain abolished the use of Capital Punishment for all crimes in 1978 (1995 for crimes on wartime). As in most countries, Spain considers the seriousness of the crime before sentencing. The most serious offences (known as Delitos) such as murder, manslaughter, and serious property offences may receive jail sentences of more than three years. Other severe sentences may also be imposed such as, loss of license for more than 6 years, termination of a job for more than 3 years, and banned from certain areas for a period of 3 or more years. Less serious offences including involuntary manslaughter and DUI could result in jail time from 6 months to 3 years, loss of job less than 3 years, and loss of license for 1 to 6 years. Other punishments may include fines, house arrest, and community service. Lesser offences may receive the same punishments for lesser periods of time (iAbogado.com 2006).

Legal Personnel
In addition to judges and magistrates, there are several other important positions that make up the Spanish legal system. As in most countries, Spain requires the completion of law school and passing a bar examination to earn a law degree. After a law degree, one may go onto a doctorate degree to specialize in certain areas of law. Procuradores is another legal profession in Spain whom stand in on behalf of the parties as power of attorney. Other legal personnel include: notaries, public prosecutors and law professors who also require law degrees (NYU Globalex 2010).

Law Enforcement
The responsibility of security and law enforcement in Spain belongs to the national government, but the various communities may help with their own law enforcement. The large urban areas are mostly patrolled by the National Police, and the rural areas are patrolled by the Guardia Civil. Only a few of the autonomous communities of Spain have their own police forces including Basque Country and Catalonia. There are over 50,000 officers throughout 1,700 forces in Spain (Interpol 2009).

Crime Rates and Public Opinion
Along with Portugal and Ireland, Spain has one of the lowest crime rates in Europe. They have approximately 50 crimes per 1000 people, most of them occuring in the larger cities like Barcelona and Madrid. The most common crime is theft (pocketbooks, items from cars, etc.) (Just Landed 2003-2010). Rates for crimes involving firearms are very low as well as those rates of rape and sexual assault (SpainforVisitors 2009).

Family Law
Marriage is a more complicated process in Spain than in the United States. It may take 30-45 days for a marriage application to be approved. Spain does allow foreigners who are not residents of Spain to wed, however the laws vary among the autonomous communities. Spain recognizes civil and religious marriages. Civil marriages require an application form, birth certificates, proof of freedom to marry, certificate of residence, posting of banns (a public declaration of intent to marry), and a certificate of consular inscription. If someone was previously married, they must provide proof that the marriage no longer exists. Religious marriages require the same documents and may have some additional requirements depending on the religion. Catholic marriages require Baptismal certificates and proof that both parties can marry (U.S. Dept of State). Divorce can be granted at the request of one spouse, the request of one spouse with the consent of the other, and the request of both spouses. Three months from the marriage must have passed before divorce is granted unless there is evidence of some type of abuse. The courts that grant the divorce also decide on divisions of property and custody/visitation where children are involved. Spain also has legal separations (European Judicial Network).

Social Inequality
Jewish and Muslim groups in Spain have reported isolation, vandalism and discrimination (U.S. Dept. of State).

Human Rights
Spanish government believes in preserving many of the same human rights as the U.S. government. These include the right to life (which includes freedom from unlawful taking of life), freedom from excessive punishments and unlawful arrests, and the right to fair trials. Spain also repects human rights to free speech and religion as well as political freedoms. The rights and well being of children is also protected by Spanish government. Children are mandated to attend school until they turn 16 and are provided with a free education until they are 18. There are government groups and officials that deal with issues of child abuse and neglect. Minorities and those with disabilites are also protected. Spanish government provides guidelines for other human rights such as employment (US Dept of State 2010).

title: Comparative law and justice/Spain


text:
Comparative law and justice/Venezuela

Part of the Comparative law and justice Wikiversity Project

Mc2180 19:31, 9 February 2010 (UTC)

Basic Information
Venezuela also known as Republica Bolivariana de Venezuela, located in Northern South America, bordering the Caribbean Sea and the North Atlantic Ocean, between Colombia and Guyana. Think of Venezuela as twice the size of California the size being total: 912,050 sq km, land: 882,050 sq km, water: 30,000 sq km. The weather is slightly hot, and humid, it's very important to use sunblock at all times. Located near the equator line, making weather be very hot. At the same time one interesting characteristic about Venezuela is that weather can change from one state to the other, for example Merida has snow, and in some parts of the capital Caracas the weather is always at 50 degrees. The language spoken in Venezuela is Spanish, but to Venezuelan it's called Castellano. But we also have many different ethnic groups: Spanish, Italian, Portuguese, Arab, German, African, Indigenous. Growing up in Venezuela allow me to be influenced by the diversity of people's culture. Religions' According to government estimates, 92 percent of the population is at least nominally Roman Catholic, and the remaining 8 percent Protestant, a member of another religion, or atheist. The Venezuelan Evangelical Council estimates that evangelical Protestants constitute 10 percent of the population. There are small but influential Muslim and Jewish communities. The Muslim community of more than 100,000 is concentrated among persons of Lebanese and Syrian descent living in Nueva Esparta State and the Caracas area. The Jewish community numbers approximately 13,000 and is mainly concentrated in Caracas. Groups: Mix Race 67%, Whites 21%, Black 10%, Native Indians 2% Area: total: 912,050 sq km country comparison to the world: 33 land: 882,050 sq km water: 30,000 sq km.

Population: 13,125,804 Males 13,001,527 Females, 0-14 years of age (34.04%),15-64 years of age (61.51%),65 yrs over (4.4%)

Brief History
Precolombino Period

The first to establish in Venezuelan territory were part of communities called paleolíticas (paleo = antiguo; lithos = piedra). It is estimated that the first migration were between the years 15.000 and 10.000 A.C. proceeding from the North and Central-américa. Later, around 1.000 A.C. and the second half of the XV century (D.C.) other tribes came to the country with the knowledge of agricultural. The stages is divided into (4) different periods:

• Paleo-Indio • Meso-Indio • Neo-Indio • Indio-hispano About 500,000 indiginous were estimated to be in Venezuela before the Spanish colonized Venezuela in August 5, 1498 by Christopher Columbus on his third trip to the Americas. In 1810, After 300 years of the Spaniards ruling Venezuela,"El Libertador" Simon Bolivar declared independence on April 19, 1810. This marked the starting of the Venezuelan Revolution. The first congress was established on March 2, 1811. Venezuela independence is July 5th, 1811.

Coat_of_arms_of_Venezuela.svg (SVG file, nominally 464 × 557 pixels, file size: 570 KB)

Economic Development, Health, and Education
Economic Venezuela remains highly dependent on oil revenues, which account for roughly 90% of export earnings, about 50% of the federal budget revenues, and around 30% of GDP. A nationwide strike between December 2002 and February 2003 had far-reaching economic consequences - real GDP declined by around 9% in 2002 and 8% in 2003 - but economic output since then has recovered strongly. Fueled by high oil prices, record government spending helped to boost GDP by about 10% in 2006, 8% in 2007, and nearly 5% in 2008, before the world recession caused a contraction in 2009. This spending, combined with recent minimum wage hikes and improved access to domestic credit, has created a consumption boom but has come at the cost of higher inflation - roughly 20% in 2007 and more than 30% in 2008. Imports also jumped significantly before the recession of 2009. Declining oil prices in the latter part of 2008 are undermining the government's ability to continue the high rate of spending. President Hugo CHAVEZ in 2008-09 continued efforts to increase the government's control of the economy by nationalizing firms in the agribusiness, banking, tourism, oil, cement, and steel sectors. In 2007, he nationalized firms in the petroleum, communications, and electricity sectors. In January, 2010, CHAVEZ announced a dual exchange rate system for the fixed rate bolivar. The system offers a 2.6 bolivar per dollar rate for imports of essentials, including food, medicine, and industrial machinery, and a 4.3 bolivar per dollar rate for imports of other products, including cars and telephones. Education Venezuela has made considerable progress in education in recent years. An extensive literacy campaign has been conducted by the Venezuelan business community since 1980. For the year 2000, adult illiteracy was estimated at 7.0% (males, 6.7%; females, 7.3%). Public education from kindergarten through university is free, and education is compulsory for children ages 6 through 15. Approximately 20% of the national budget is assigned to education. As of 2006, Educational Expenditure on education was estimated at 3.7% of GDP (2006) vs in 1995 it was 5% of GDP.

Preprimary schools are being established throughout the country by the government. After nine years of elementary school, children undergo two to three years of secondary school, which comes in two stages: the first is designed to provide a general education in the sciences and the humanities; the second prepares students for the university and offers specialization in philosophy and literature, physical science and mathematics, or biological science. In 1997, there were 4,262,221 students enrolled in elementary schools, with 202,195 teachers. Also in 1997, secondary schools enrolled 377,984 students and employed approximately 34,000 teachers. As of 1999, 88% of primary-school-age children were enrolled in school, while 50% of those eligible attended secondary school. Technical and vocational schools provide instruction in industry and commerce, the trades, nursing, and social welfare.

There are 14 universities, both national and private, including the University of Venezuela (founded in 1725), Los Andes University (1785), Simón Bolívar University (1970), and the Open University (1977). Leading private institutions were the Andrés Bello Catholic University (1953), Santa María University (1953), and the Metropolitan University of Caracas (1970). Over 47 institutes of higher learning, colleges, and polytechnic institutes exist where students pursue at least 180 different fields or professions. As of 1998, all universities had a combined enrollment that exceeded 300,000, representing a 40% increase over the last decade. Healthcare Venezuela has both public and private healthcare services. The public health service is run by the government and offers free treatment but charges for prescriptions. Conditions, however, are often different to what tourists may be used to. Private hospitals offer a higher standard of treatment but these require large deposits or a credit card, even for emergencies, and can be very expensive. The private ambulance service in Venezuela will also cost a lot to use. Public ambulances can be found at Police and National Guard checkpoints (alcabala) all over the country or called from the nearest hospital or the Defensa Civil in the case of an emergency.

For minor illnesses or health problems, Venezuela has many good pharmacies which stock almost all brand medicines, and you can buy most brands sold at home, often at a cheaper price. Pharmacists will give you free advice, and you can purchase most medication without a prescription.

No vaccinations are mandatory for Venezuela unless you are travelling from an infected country, in which case officials may ask to see a vaccination certificate.

Many diseases can be easily avoided if the right precautions are taken. Always drink bottled water and check that ice in drinks is made from purified water, which is usually the case. Generally, you should not have any problems with Venezuelan food, even from street vendors, but do give your stomach enough time to adjust and be careful in the first few days. This I know from personal experience, during my stays in Venezuela there hasn't been a time where I do not get sick. Adjusting to the foods is not the problem is the water which causes a lot of the awful results.

Diseases

Cholera The Cholera vaccination gives little protection against the disease and only lasts for six months. Cholera is caught mainly from contaminated water, thus it can be easily avoided if the above precautions are taken.

Hepatitis ‘A’ Hepatitis ‘A’ is a common disease among travellers. It is spread by contaminated food and water, and can be serious. Long term immunity (10 years or more) can be obtained from the Havrix vaccination, which consists of an initial injection and a booster six to twelve months later. Gamma Globulin is another form of prevention. It is not a vaccination but an antibody collected from blood donations. It usually lasts for up to six months, thus should be administered as close as possible to departure. It does not, however, provide the same protection as Havrix.

Hepatitis ‘B’ Hepatitis ‘B’ is a disease spread through contact with infected bodily fluids. It can be transmitted through blood transfusions, use of unclean needles or sexual activity. Any travellers visiting a country known to have many carriers of the disease, where blood transfusions may not be adequately screened or where sexual contact is possible should consider a hepatitis B vaccination. The vaccination consists of three injections, with at least four weeks between the first and second shots, and five months between the second and third.

Tetanus & Diphtheria Tetanus is a potentially fatal disease and occurs in wound infection. Diphtheria, a throat infection, can also be fatal. Everyone should be vaccinated against these diseases. In both cases, ten yearly boosters follow an initial course of three injections.

Yellow Fever Yellow fever is a virus spread by mosquitos and is found in many parts of South America. In many countries, yellow fever is now the only vaccine that is a legal entry requirement, but is usually only enforced with travellers coming from infected areas. The vaccination is very effective, and one injection lasts for ten years. It is highly recommended for anyone who wishes to travel in or around South America. The vaccination may pose some risk during pregnancy, but is still advisable for women travelling to high-risk areas. People allergic to eggs may not be able to have the vaccination and this should be discussed with your doctor.

Malaria Malaria is a potentially fatal disease spread by a certain species of mosquito: the anopheles. Antimalarial drugs do not prevent infection, but reduce the risk of serious illness by killing the malarial parasites during their development. There are many factors to consider when choosing an anti-malarial and up-to-date, expert advice should be sought. Those travelling to high-risk areas where medical attention may be difficult to obtain are advised to carry a treatment dose of medication, in case symptoms develop. Malaria, however, is best prevented by avoiding mosquito bites. The risk can be significantly reduced by noting the following tips:

Wear light colored trousers and long sleeved tops between dusk and dawn. Avoid wearing perfume or aftershave. Sleep in properly screened rooms and spray the room with insecticide. If sleeping elsewhere, use a mosquito net which has been treated with pyrethroids. Apply mosquito repellent containing diethyltoluamide (DEET) to all areas of exposed skin. A course of vitamin B complex tablets can help deter biting insects.

Governance
Federal Republic, Court System: Open, adversarial court system; has not accepted compulsory ICJ jurisdiction The Venezuelan Government dominates the economy. The state oil company, PDVSA, controls the petroleum sector. Government companies control the electricity sector and important parts of the telecommunications and media sectors. In 2008, the government nationalized cement and steel producers, as well as select companies in the milk and meat distribution sectors. In 2009 it nationalized assets in the oil (including assets owned by U.S. oil services companies), chemicals, tourism, agribusiness (including a processed rice plant owned by a U.S. company), retail, and banking industries. These and previous nationalizations, as well as other threats to property rights and an uncertain macroeconomic environment characterized by high inflation and foreign exchange controls, have led to reduced space for the private sector and low levels of private investment.

Elections
Chief of state: President Hugo CHAVEZ Frias (since 3 February 1999); Executive Vice President Elias JAUA Milano (since 26 January 2010); note - the president is both the chief of state and head of government head of government: President Hugo CHAVEZ Frias (since 3 February 1999); Executive Vice President Elias JAUA Milano (since 26 January 2010) cabinet: Council of Ministers appointed by the president Elections: president elected by popular vote for a six-year term (eligible for unlimited reelection); election last held 3 December 2006 (next to be held in December 2012) note: in 1999, a National Constituent Assembly drafted a new constitution that increased the presidential term to six years; an election was subsequently held on 30 July 2000 under the terms of this constitution; in 2009, a national referendum approved the elimination of term limits on all elected officials, including the presidency election results: Hugo CHAVEZ Frias reelected president; percent of vote - Hugo CHAVEZ Frias 62.9%, Manuel ROSALES 36.9% Election is done overseas and locally.

Judicial Review
Venezuela has no dual organization of national and state courts. Since 1945, all courts have been part of the federal system. At one point a parallel organization of state courts existed. Regardless of their form of organization, the courts have never exercised as much influence as the executive or even the legislative branch in Venezuela.

As is the case with the legislature, the judicial branch in Venezuela does not share equal status with the executive. Although the law provides for the process of judicial review and for coequal status among the three branches of government, the reality is quite different. The Venezuelan brand of federalism does not provide for state courts. The law is perceived as the same, unitary, throughout the national territory. Thus, all courts and virtually all legal officers, from those who arrest to those who prosecute, are federal (i.e., central government) officials. Venezuelan legal system is of the code law system, because of the legal system being so rigid, there's hardly any room for judicial discretion.

The highest body in the judicial system is the fifteen-member Supreme Court of Justice, which is divided into three chambers that handle respectively, politico-administrative, civil, and penal matters. Its members are elected by joint session of the Congress for nine-year terms. One-third of the membership is renewed every three years. Each justice is restricted to a single term of nine years; this short tenure effectively limits how much a Supreme Court justice can accomplish.

Below the Supreme Court are seventeen judicial districts, each district having its own superior court. Lower courts within a judicial district include courts of instruction, district courts, municipal courts, and courts of first instance. The superior courts are composed of either one or three judges, a bailiff, and a secretary. They serve as appellate courts for matters originating in courts of first instance in the areas of civil and criminal law. Some deal exclusively with civil matters, others with criminal matters, and others with all categories of appeals. The courts of first instance are composed of one judge, a bailiff, and a secretary. They have both appellate and original jurisdiction and are divided into civil, mercantile, penal, finance, transit, labor, and juvenile courts. District courts are composed of one judge, one bailiff, and a secretary; they also operate nationwide. They have original jurisdiction in small bankruptcy and boundary suits, and appellate jurisdiction over all cases from the municipal courts. Municipal courts, consisting of a judge, a bailiff, and a secretary, hear small claims cases and also try those accused of minor crimes and misdemeanors. They also perform marriages. Although they do not constitute courts as such, instruction judges issue indictments, oversee investigations to determine whether a case merits the attention of the courts and, if so, issue an arrest warrant. Thus, these judges perform a crucial task in the initial stages of all cases that come before the courts.

In addition to the courts of ordinary jurisdiction, several courts of special jurisdiction operate under the Ministry of Justice. Military tribunals, fiscal tribunals, and juvenile courts all fall into this category. Although they operate independently of the ordinary courts, the Supreme Court also acts as the highest court of appeal for the special courts. Juvenile courts throughout the country try those under eighteen years of age.

One of the most interesting aspects of the Venezuelan judicial system is its carryover of medieval Castilian traditions, such as the fuero militar (military privilege). Under this centuries-old tradition, members of the military cannot be tried by criminal or civilian courts, although the military has at times intruded into the civilian judicial system. The system for selecting judges tended to limit their independence. The Congress chooses the members of the Supreme Court, and the minister of justice names judges to the lower civilian courts. Neither category of judge enjoyed life tenure. Judges' salaries were submitted to Congress as line items in the Ministry of Justice's annual budget and were therefore not guaranteed. Thus, in a number of ways the judiciary was subordinate to and dependent upon the good will of the executive and the legislative branches. Although Venezuelan jurists occupied a highly regarded position in society, they did not hold nearly as much power as their counterparts in those systems where judicial review and common law are the basic determinants of procedures.

Courts and Criminal Law
In August 1999, the National Constitutional Assembly (ANC) declared a judicial emergency to reform the highly discredited judiciary. The ANC immediately dismissed 16 judges. By the end of the year, 200 judges had been fired, mostly for corruption.

While the judicial system was independent, it was corrupt and inefficient. Most crimes in Venezuela went unpunished and citizens often have taken the law into their own hands. In the prisons, more than 70% of inmates have never been formally charged with a crime and they languish behind bars for years before their cases are heard. Prisons have been criticized for inhumane conditions.

The ANC approved the new Organic Code of Criminal Procedures in 1999, replacing the inquisitorial system with an open court system. For the first time, trials were open to the public, with oral proceedings and verdicts by juries or panels of judges. The new system introduced presumption of innocence and prevented police from arbitrarily detaining persons for up to eight days without charges. Judges no longer act as investigators. Now they are arbiters of law, presiding court sessions where prosecutors and defense attorneys argue cases in open court. Police investigators now work under the supervision of prosecutors. While judicial reforms were applauded by human rights organizations, it was uncertain how they would affect the judicial system in the long run. Intensive training will be required for judges, attorneys and police.

The Supreme Court of Justice remains the nation's highest tribunal and court of final appeal. The prosecutor general provides opinions to the courts, and investigates the violations of constitutional rights of prisoners and the criminal conduct of public employees. The Ministry of Justice oversees the lower court system, selects and trains judges. The lower courts are made up of district and municipal courts, and trial and appeal courts that hear civil and criminal cases.

Punishment
Venezuela was the first country in the world to abolished the Death Penalty for all crime, this was established on 1863. Venezuela is the second country in Latin America to pass the law of no corporal punishment allow.

The new law:

Article 32a. The right to good treatment All children and young people have a right to be treated well. This right includes a non-violent education and upbringing, based on love, affection, mutual understanding and respect, and solidarity.

Parents, representatives, guardians, relatives, and teachers should use non-violent methods of education and discipline to raise and educate their children. Consequently, all forms of physical and humiliating punishment are prohibited. The State, with the active participation of society, must ensure policies, programmes and protection measures are in place to abolish all forms of physical and humiliating punishment of children and young people.

Corporal punishment is defined as the use of force, in raising or educating children, with the intention of causing any degree of physical pain or discomfort to correct, control or change the behaviour of children and young people.

Humiliating punishment can be understood as any form of offensive, denigrating, devaluing, stigmatising or mocking, treatment, carried out to raise or educate children and young people, with the aim of disciplining, controlling or changing their behaviour.

Article 56. The right to be respected by teachers. All children and young people have the right to be respected by their teachers, and receive an education based on love, affection, mutual understanding, national identity, mutual respect for ideas and beliefs, and solidarity. Consequently, all forms of physical and humiliating punishment are prohibited.

Article 358. Content of the responsibility for raising children. The responsibility for raising children includes the shared duty and right, which is equal and non-derogable, of the father and mother to love, raise, train, educate, and look after their children, sustain and assist them financially, morally and emotionally, using appropriate corrective measures that do not violate their dignity, rights, guarantees or overall development. Consequently, all forms of physical punishment, psychological violence and humiliating treatment, which harm children and young people, are prohibited.

Legal Personnel
President--Hugo CHÁVEZ Frias Vice President--Elias Jaua Minister of Foreign Affairs--Nicolas MADURO Moro Minister of Defense--Carlos Jose MATA Figueroa Ambassador to the United States--Bernardo ALVARAREZ Herrera Ambassador to the Organization of American States--Roy CHADERTON Matos Ambassador to the United Nations--Jorge VALERO Briceño

Requirements for lawyers and judges in the Supreme Court: Article 263

1. Born in Venezuela 2. Recognized citizenship (Honorable). 3. Proper education, good reputation, been practicing law for at least 15 years and have a master in judicial studies; or be a University professor of Judicial Studies for a minimun of 15 years or be a previous judge in a lower court. 4. Other requirements may be need by law.

Law Enforcement
Police Forces

The police forces divided into six(6) groups:

(1) Policía Técnica Judicial (PTJ) is a criminal police force under the Ministry of Justice and is responsible for crime investigation (including passport theft, etc). They wear black uniforms or plain clothes. (2) Guardia Nacional (National Guard) is a paramilitary force run by the Ministry of Defense to provide national security within the country and at its frontiers. The NG are part of the check points in Venezuela, they also patrol borders, and patrol the coast. It's necessary that you carry your passport, or identification at all time. In Venezuela it's a daily ordinary occurrence to get stop by the NG. Their uniforms are basically green camouflage uniforms. (3) Policía Metropolitana (Metropolitan Police) wear blue uniforms and patrol the cities to keep the peace. (4) Policía Municipal (Municipal Police) have a similar role and patrol the districts. Their uniform is light brown. (5) Vigilancia de Transito (Transport Police) is an organization run by the Ministry of the Interior. They patrol highways in white vehicles and wear brown uniforms. (6) DISIP (Dirección de los Servicios de Inteligencia y Prevención, Directorate of Intelligence and Prevention Services) is an internal security force under the Ministry of the Interior. They dress either in black uniforms or plain clothes and drive yellow and black cars.

Military:

The Venezuelan military consist of the National Bolivarian Armed Forces (Fuerza Armada Nacional Bolivariana, FANB): National Bolivarian Army (Ejercito Nacional Bolivariano, ENB), Bolivarian National Navy (Armada Nacional Bolivariana (ANB); includes Naval Infantry, Coast Guard, Naval Aviation), Bolivarian National Military Aviation (Aviacion Militar Nacional Bolivariana, AMNB), Bolivarian National Guard (Guardia Nacional Bolivaria, GNB), Bolivarian National Militia (Milicia Nacional Bolivariana, MNB) (2009) Military service age and obligation: 18-30 years of age for compulsory and voluntary military service; 30-month conscript service obligation; all citizens 18-50 years old are obligated to register for military service (2008) Manpower available for military service: males age 16-49: 6,647,124, females age 16-49: 6,801,133 (2008 est.) Manpower fit for military service: males age 16-49: 5,391,582, females age 16-49: 5,873,563 (2009 est.) Manpower reaching militarily significant age annually: male: 276,051, female: 274,162 (2009 est.)

Crime Rates
Adults prosecuted	9,660		 [23rd of 28]

CSI: Crime Scene Investigation

Embezzlements	4,111		 [15th of 36] Embezzlements (per capita)	 0.16201 per 1,000 people		 [25th of 44] Females prosecuted	555		 [24th of 26] Frauds	11,741		                [23rd of 48] Frauds (per capita)	                0.4627 per 1,000 people		 [31st of 61] Illicit drugs small-scale illicit producer of opium and coca for the processing of opiates and coca derivatives; however, large quantities of cocaine, heroin, and marijuana transit the country from Colombia bound for US and Europe; significant narcotics-related money-laundering activity, especially along the border with Colombia and on Margarita Island; active eradication program primarily targeting opium; increasing signs of drug-related activities by Colombian insurgents on border Jails	48		 [25th of 80] Jails (per capita)	0.00122167 per 1,000 people		 [57th of 62] Judges and Magistrates	630		 [25th of 35] Judges and Magistrates (per capita)	0.0248276 per 1,000 people		 [40th of 45] Murders	8,022		 [7th of 49] Murders (per capita)	0.316138 per 1,000 people		 [4th of 62] Murders committed by youths	2,090		 [7th of 73] Murders committed by youths per capita	25		 [6th of 57] Police	3,954		 [43rd of 47] Prisoners	19,255 prisoners		 [22nd of 168] Prisoners > Female	5.7%		 [35th of 134] Prisoners > Per capita	76 per 100,000 people		 [107th of 164] Prisoners > Pre-trial detainees	52.1%		 [31st of 143] Prisoners > Share of prison capacity filled	97.2%		 [96th of 128] Rapes	2,931		 [15th of 50] Rapes (per capita)	0.115507 per 1,000 people		 [20th of 65] Robberies	34,975		 [12th of 47] Robberies (per capita)	1.37833 per 1,000 people		 [13th of 64] Sentence Length	1,422		 [7th of 21] Software piracy rate	87%		 [9th of 107] Total crimes	236,165		 [30th of 50] Total crimes (per capita)	9.307 per 1,000 people		 [46th of 60] Transnational Issues > Trafficking in persons > Current situation Venezuela is a source, transit, and destination country for men, women, and children trafficked for the purposes of commercial sexual exploitation and forced labor; Venezuelan women and girls are trafficked within the country for sexual exploitation, lured from the nation's interior to urban and tourist areas; child prostitution in urban areas and child sex tourism in resort destinations appear to be growing; Venezuelan women and girls are trafficked for commercial sexual exploitation to Western Europe, Mexico, and Caribbean destinations Transnational Issues > Trafficking in persons > Tier rating Tier 2 Watch List - Venezuela is placed on the Tier 2 Watch List, up from Tier 3, as it showed greater resolve to address trafficking through law enforcement measures and prevention efforts in 2007, although stringent punishment of offenders and victim assistance remain lacking United States extradition treaties > Citation	43 Stat. 1698.		United States extradition treaties > Date signed	Jan. 19, 21, 1922		United States extradition treaties > Entered into force	April 14, 1923 Unpaid diplomatic parking fines	9.1		 [65th of 143]

Rights
The Constitution provides for freedom of religion on the condition that the practice of a religion does not violate public morality, decency, or public order, and other laws and policies contributed to the generally free practice of religion. The law at all levels protects this right in full against abuse, either by governmental or private actors.

Venezuela has many interesting rights for all the citizen, some which I found to be very important. Education is mention in the constitution and protected by it, also Healthcare it provided.

Article 20 Every human has the right to be free in developing their personality, without limitations and not taken other peoples rights, and keeping the order with the public, and social.

Article 43

The right to live can't not be violated. NO Law could be established for the death penalty, and no authority could establish it.

Article 68 No weapons allowed.

Family Law
The constitution of the Repúblic Bolivariana of Venezuela Article 75 Stated the protection of the nucleus of a family as an essential part of society. At the same time making it clear that the protection is also for the individuals who are the head of household, either being the mother, father, family member or a person who is in charge of the family. A child has the right to grow up with their family of origns, but if at any time they no longer are able to provide for them, a substitute family will be in place. As for adoption the adoptee is also protected the same way any child would be protected by the state.

Article 76 The integrity of Paternity and Maternity is protected, no matter of your status as a couple, married, not married or divorce. A couple has the right to make a decision on how the number of children he or she wants. At the same time the state guarantees assistant to a female who is pregnant from the time of conceiving to birth with medical assistant and family planing. A father and mother have equal right to the child but they are not allow to stop raising, providing, development,educating, and support their child. The law does protect and will make sure the proper child support is been established and collected.

Article 77 A marriage consist of a man and a woman. As long as it's a mutual agreement.

Article 78 The state, family and society will give the full protecting to the children.

Article 79 A juvenile will be treated and protect by the state and at the same time helping them to develop and to be involve in an active role to the society.

Article 80 All elderly will be protected by the state, and the will be provided with social security, and pension. Elderly are guarantee work if they desire to find any positions that there may be available. The state will guarantee their protection.

Women have citizenship rights just as male in Venezuela do.

Social Inequality
Venezuela holds the lowest inequality in Latin America over the last (10) years, Venezuela’s poverty has decreased. According the statistics from the National Institute of Statistics (INE), poverty in Venezuela is down by 24.5 percentage points from 50.5% poverty in 1998 to 26% at the end of 2008.

The president of the INE, Elias Eljuri, attributed the decrease in poverty to the social programs implemented by the national government. According to a preview of the annual report of the United Nations Program of Development, Venezuela has a higher index of development than 118 countries, located in 61st place.

Looking at all the countries of Latin America, Venezuela falls in 13th place out of 33 countries, ahead of Brazil, Peru, and Ecuador.

There is considerable income inequality. The Gini coefficient was 0.41 in the first half of 2009. According to government statistics, the percentages of poor and extremely poor among Venezuelan households were 26.4% and 6.9%, respectively, in the first half of 2009.

Human Rights
Venezuela is a constitutional democracy with a population of approximately 25 million. In 2000 voters elected President Hugo Chavez of the Fifth Republic Movement (MVR) in generally free and fair elections. While civilian authorities generally maintained control of the security forces, there were instances in which elements of the security forces acted independently of government authority.

Politicization of the judiciary, restrictions on the media, and harassment of the political opposition continued to characterize the human rights situation during the year. The government used the justice system selectively against the political opposition and implementation of a 2004 media law threatened to limit press freedom.

The following human rights problems were reported:

unlawful killings of criminal suspects torture and abuse of detainees harsh prison conditions including violence and severe overcrowding arbitrary arrests and detentions corrupt, inefficient, and highly politicized judicial system characterized by trial delays, impunity, and violations of due process dismissal or forced retirements of judges for political reasons unlawful taking of private property, including failure to make property restitution in such cases illegal wiretapping and searches of private homes and businesses official intimidation and attacks on the independent media, the political opposition, labor unions, courts, the Catholic Church, missionary groups, and human rights groups widespread corruption at all levels of government violence and discrimination against women, abuse of children, discrimination against persons with disabilities, and inadequate protection of the rights of indigenous people trafficking in persons restrictions on the right of association

RESPECT FOR HUMAN RIGHTS

Section 1 Respect for the Integrity of the Person, Including

Freedom From:

a. Arbitrary or Unlawful Deprivation of Life

The government or its agents were not accused of committing any politically motivated killings. Security forces committed unlawful killings, including summary executions of criminal suspects, and mistreated persons in custody resulting in deaths.

In August the attorney general's office released statistics implicating security forces in approximately six thousand killings during the last five years. The survey included all security force-related deaths, whether or not misconduct was alleged. The human rights nongovernmental organization (NGO) Venezuelan Program of Action and Education in Human Rights (PROVEA) documented 162 unlawful killings from October 2004 through September. The human rights NGO Committee for the Families of the Victims of February 1989 (COFAVIC) noted the expansion of police death squad activity linked to police participation in crime.

In January Amnesty International reported that two Aragua State police officers allegedly shot and killed Rigoberto Barrios in Guanayen, Aragua State. Rigoberto Barrios was the third member of the Barrios family allegedly killed by police, despite a 2004 Inter-American Court of Human Rights resolution ordering police protection for the family.

In June security forces killed students Leonardo Gonzalez, Erick Montenegro, and Edgar Quintero and injured three others near a Caracas police checkpoint. Autopsy results showed that two of the students were shot multiple times and that all had shots to the head. The minister of interior told the press he had proof that a patrol was ordered to plant guns where the bodies of the students had fallen. The attorney general's office implicated approximately 30 officers in connection with the killings, and the case was under investigation at year's end.

In December a Caracas judge convicted three former police officers as the material authors of the 2004 killing of prosecutor Danilo Anderson (see section 1.e.).

There were no significant developments in the following cases reported in 2004: the January killings of nine men, allegedly by Lara State police officers; and the March killing of Juan Carlos Zembrano in Lagunillas, Zulia State, allegedly by soldiers.

On August 12, a judge convicted 11 Portuguesa State police officers for murders stemming from their participation in the death squad "Exterminio." Exterminio had been accused of up to 100 killings during 2000-01 in Portuguesa State. Human rights NGOs criticized the decision, which absolved the officers of responsibility in 4 of 7 cases, noting that 17 witnesses were killed during the approximately 5-year trial delay.

b. Disappearance

There were no reports of politically motivated disappearances.

Human rights groups noted that police officers sometimes disposed of their victims' bodies to avoid investigations. PROVEA recorded 17 reports of disappearances allegedly involving security forces from October 2004 to September. The NGO Red de Apoyo received six reports of disappearances between January and June and noted that this figure exceeded the total number of disappearance reports it had received in 2004. On July 1, human rights NGOs issued a joint statement expressing concern over the increase in disappearances.

In January the press reported that retired Air Force Colonel Silvino Bustillos, a leader of the Plaza Francia military dissidents, requested political asylum in Colombia. Bustillos was reported missing in October 2004 after allegedly being followed by agents of the General Directorate for Military Intelligence (DIM).

There were no significant developments in the case of the Investigative and Criminal Police Corps (CICPC) officers investigated for possibly kidnapping three persons in Tachira State in May 2004.

In June the government acknowledged its responsibility for the forced disappearances of Oscar Blanco Romero, Roberto Hernandez Paz, and Jose Rivas Fernandez following the Vargas floods in 1999. The Inter-American Court of Human Rights accepted the acknowledgement and, in November ruled that the country had violated international conventions on torture and forced disappearance. The court ordered the country to pay reparations and open judicial proceedings on the case. Domestic courts had not convicted any of the security forces allegedly involved in the disappearances by year's end.

The Center of Ranching Studies reported that kidnappers targeting ranchers, farmers, and their families claimed at least 30 victims during the year. Kidnappers killed four of these victims, and unidentified assassins killed at least two more farmers (see section 1.a.). The National Cattle Ranchers Federation and press reports attributed the attacks to criminal gangs, Colombian guerrillas, and other illegal armed groups, such as the Bolivarian Liberation Forces. The National Guard's antiextortion and kidnapping unit rescued at least one victim during the year, but many ranchers paid protection money to illegal armed groups rather than rely on government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

Although the law prohibits such practices, NGOs, media, and opposition groups accused security forces of continuing to torture and abuse detainees. Abuse most commonly consisted of beatings during arrest or interrogation, but there also were incidents in which the security forces used near-suffocation and other forms of torture.

PROVEA reported that between October 2004 and September, it received 31 complaints of torture and 503 complaints regarding cruel, inhuman, and degrading treatment. From January to June, Red de Apoyo received 10 complaints from alleged torture victims. There were no arrests associated with these cases.

The government did not authorize independent investigation of torture complaints. Human rights groups continued to question the attorney general's ability to oversee neutral investigations as an active member of the president's political party and a former vice president in the government. Groups also asserted that the Institute of Forensic Medicine, part of the CICPC, was unlikely to be impartial in the examinations of cases that involved torture by CICPC members. Few cases of torture resulted in convictions.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Comparative law and justice/Venezuela


text:
Comparative law and justice/Jamaica

Part of the Comparative law and justice Wikiversity Project

Bschindler 0705 19:40, 9 February 2010 (UTC)

Basic Information

 * Population: 2,825,928
 * Capital: Kingston
 * Official Language: English
 * National Language: Jamaican Patois
 * Age Structure:
 * 0-14 years: 31.4%
 * Male-451,310
 * Female-436,466
 * 15-64 years: 61.1%
 * Male-851,372
 * Female-875,132
 * 65 years and older: 7.5%
 * Male-94,833
 * Female-116,815

 * Geographical Information:
 * Area: 10,991 sq. km
 * Location: Found in the Caribbean, just south of Cuba,  to the west of Haiti and the Dominican Republic, and to the east of the Cayman Islands
 * Major Cities and their populations(1991): [[File:Jamaica-CIA_WFB_Map.png]]
 * Kingston- 587,798
 * Portmore- 90,138
 * Spanish Town- 92,383
 * Mandeville- 	39,945
 * Ocho Ríos- 8,189
 * Port Antonio- 13,246
 * Negril- 4,184
 * Montego Bay- 83,446
 * Ethnic Groups: Black-91.2%  Mixed-6.2%  Other or unknown-2.6%
 * Religions: Protestant 62.5% (Seventh-Day Adventist 10.8%, Pentecostal 9.5%, Other Church of God 8.3%, Baptist 7.2%, New Testament Church of God 6.3%, Church of God in Jamaica 4.8%, Church of God of Prophecy 4.3%, Anglican 3.6%, other Christian 7.7%), Roman Catholic 2.6%, other or unspecified 14.2%, none 20.9%

Brief History

 * Christopher Columbus claimed the territory in 1494 for Spain after sailing to the island and upon reaching the island tried to get rid of the indigenous people.
 * In 1655 the English Admiral William Penn and General Robert Venables seized the island from the Spanish and took control of the island for England.
 * During its first 200 years of British rule, Jamaica became one of the world's leading sugar-exporting, slave-dependent nations, producing more than 77,000 tons of sugar annually between 1820 and 1824.
 * By the beginning of the 19th century, Jamaica's heavy reliance on slavery resulted in blacks (Africans) outnumbering whites (Europeans) by a ratio of almost 20 to 1.
 * Following a series of rebellions and changing attitudes in Great Britain, the nation formally abolished slavery in 1834, with full emancipation from chattel slavery declared in 1838.
 * In 1872, Kingston became the island's capital.
 * Jamaica slowly gained increasing independence from the United Kingdom and in 1958, it became a province in the Federation of the West Indies, a federation among the British West Indies. Jamaica attained full independence by leaving the federation in 1962.
 * The optimism of the first decade was accompanied by a growing sense of inequality, and a sense that the benefits of growth were not being experienced by the urban poor. This, combined with the effects of a slowdown in the global economy in 1970, prompted the electorate to change government, electing the PNP (People's National Party) in 1972. However, despite efforts to create more socially equitable policies in education and health, Jamaica continued to lag economically, with its gross national product having fallen in 1980 to some 25% below the 1972 level. Rising foreign and local debt, accompanied by large fiscal deficits, resulted in the invitation of the International Monetary Fund (IMF) financing from the United States and others, and the imposition of IMF austerity measures (with a greater than 25% interest rate per year).

Economic Development, Health, and Education

 * Population growth rate: 0.755%
 * Birth rate: 19.68 births/1,000 population
 * Death rate: 6.43 deaths/1,000 population
 * Sex ratio:
 * at birth: 1.05 male(s)/female
 * under 15 years: 1.03 male(s)/female
 * 15-64 years: 0.97 male(s)/female
 * 65 years and over: 0.81 male(s)/female
 * total population: 0.98 male(s)/female
 * Infant mortality rate:
 * total: 15.22 deaths/1,000 live births
 * male: 15.81 deaths/1,000 live births
 * female: 14.61 deaths/1,000 live births
 * Life expectancy at birth:
 * total population: 73.53 years
 * male: 71.83 years
 * female: 75.3 years
 * Literacy:
 * definition: age 15 and over has ever attended school
 * total population: 87.9%
 * male: 84.1%
 * female: 91.6% (2003 est.)
 * GDP(purchasing power parity): $23.36 billion (2009 est.)
 * GDP per capita(PPP): $8,300 (2009 est.)
 * Agriculture - products: sugarcane, bananas, coffee, citrus, yams, ackees, vegetables; poultry, goats, milk; crustaceans, mollusks
 * Industries: tourism, bauxite/alumina, agro processing, light manufactures, rum, cement, metal, paper, chemical products, telecommunications
 * Exports: $1.422 billion (2009 est.)
 * commodities: alumina, bauxite, sugar, rum, coffee, yams, beverages, chemicals, wearing apparel, mineral fuels
 * Imports: $4.625 billion (2009 est.)
 * commodities: food and other consumer goods, industrial supplies, fuel, parts and accessories of capital goods, machinery and transport equipment, construction materials

Governance

 * Type of government: Parliamentary Democracy AND Constitutional Monarchy
 * Monarch: Queen Elizabeth II
 * Governor-General: Patrick Allen
 * Prime Minister: Andrew Holness

Constitution of Jamaica
 * Independence: Gained from the United Kingdom on August 6, 1962

The 1962 constitution established a parliamentary system based on the U.K. model. As chief of state, Queen Elizabeth II appoints a governor general, on the advice of the prime minister, as her representative in Jamaica. The governor general's role is largely ceremonial. Executive power is vested in the cabinet, led by the prime minister.

Parliament is composed of an appointed Senate and an elected House of Representatives. Thirteen Senators are nominated on the advice of the prime minister and eight on the advice of the leader of the opposition. General elections must be held within 5 years of the forming of a new government. The prime minister may ask the governor general to call elections sooner, however. The Senate may submit bills, and it also reviews legislation submitted by the House.

It may not delay budget bills for more than 1 month or other bills for more than 7 months. The prime minister and the cabinet are selected from the Parliament. No fewer than two or more than four members of the cabinet must be selected from the Senate.

The judiciary also is modeled on the U.K. system. The Court of Appeals is the highest appellate court in Jamaica. Under certain circumstances, cases may be appealed to the Privy Council of the United Kingdom. Jamaica's parishes have elected councils that exercise limited powers of local government.

Elections
Suffrage is 18 years of age and is universal for those who are citizens of Jamaica. The monarchy is hereditary. Governor general is appointed by the monarch on the recommendation of the prime minister and ollowing legislative elections, the leader of the majority party or the leader of the majority coalition in the House of Representatives is appointed prime minister by the governor general. The deputy prime minister is then recommended by the prime minister. In the legislative branch, the bicameral Parliament consists of the Senate (a 21-member body appointed by the governor general on the recommendations of the prime minister and the leader of the opposition. The ruling party is allocated 13 seats, and the opposition is allocated 8 seats) and the House of Representatives (60 seats; members elected by popular vote to serve five-year terms).

Judicial Review
Petty Session
 * The Petty Session Court is presided over by Justices of the Peace. The Justices of the Peace Jurisdiction Act confer various powers on the Justice of the Peace including the power to issue warrants consequent on non-obedience to summons. A Resident Magistrate has the power of two Justices of the Peace.

Resident Magistrate's Court
 * There is a Resident Magistrate’s Court for every Parish and it has jurisdiction within that Parish and one mile beyond its boundary line. This Court presides over both civil and criminal matters. The divisions of the Resident Magistrate’s Court are the Family Court, the Juvenile Court, the Traffic Court, Gun Court, Small Claims Court, the Drug Court and the Night Court. The Resident Magistrate’s Court has limited jurisdiction in both civil and criminal matters; the amounts and the extent of the jurisdiction of this court is provided for in the Judicature (Resident Magistrate’s) Act. The Resident Magistrate must be an Attorney-at-law of at least five years standing. Resident Magistrates are appointed by the Governor General and the Judicial Services Commission.

Civil matters tried at a Resident Magistrate’s Court include recovery of possession, recovery of rent, granting of probate and letters of administration. The Resident Magistrate’s Court has no power to hold a trial for certain criminal offences including murder, treason and rape, however in such cases a Preliminary Examination or enquiry into the charge is held. In this enquiry, unlike a trial where the objective is to determine whether the defendant is guilty or not guilty, the purpose is to determine whether the evidence is sufficient for the accused to stand trial at the Supreme Court. The jurisdiction of this Court is defined by Statute.

The Supreme Court
 * The Supreme Court has unlimited jurisdiction in civil and criminal matters. It consists of the Chief Justice, a Senior Puisne Judge and at least twenty other Puisne Judges. Puisne Judges must be Attorneys-at-law of at least ten years standing. Judges of the Supreme Court are appointed by the Governor General on the recommendation of the Judicial Services Commission. They have jurisdiction to hear applications regarding breaches of fundamental rights and freedom as provided for under the Constitution. This Court exercises important supervisory functions over tribunals like the Industrial Disputes Tribunal and the Resident Magistrate’s Court in the hearing of writs of habeas corpus and making of orders of certiorari, mandamus and prohibition. Two divisions of the Supreme Court are the Revenue Court established in 1971 and the Gun Court established in 1974. The Gun Court Act was later expanded to include the Western Regional Gun Court that hears gun offences committed in the parishes of St. James, Trelawny, Westmoreland and Hanover. The third division of the Supreme Court is the Commercial Court which began operations in February 2001.

The Circuit Court is the criminal jurisdiction of the Supreme Court that is convened in Parishes for the proper administration of justice. It is convenient for the parties involved, as it eliminates the need to travel to Kingston for the prosecution of cases.

The Circuit Court held for the parishes of Kingston and St. Andrew is called the Home Circuit Court, while that which is convened in the other Parishes are named after the respective Parish, for example, the St. Catherine Circuit Court or the St. James Circuit Court.

The Court of Appeal
 * Appeals against decisions from both the Supreme Court and the Resident Magistrate’s Court are heard in the Court of Appeal. It consists of the President of the Court of Appeal and six Judges of Appeal. The Chief Justice is an ex-officio member, but only sits on the invitation of the President in matters in which that the full Court is sitting. A Judge of the Court of Appeal must be an Attorney-at-law of at least ten years standing. Judges of the Court of Appeal are appointed by the Governor General on the recommendation of the Judicial Services Commission. The Chief Justice and the President of the Court of Appeal are appointed by the Governor General on the recommendation of the Prime Minister after consultation with the Leader of Opposition.

Courts and Criminal Law
Despite antiquated laws and overcrowded jails, Jamaicans generally have respected the rule of law and the system of justice inherited from the British. The principle of habeas corpus, which is rooted in English common law, is stated explicitly in Jamaican statutes enacted either before or since independence. It is also respected by the courts and police. Bail may be granted on a discretionary basis. The courts operate at three broad levels: the Court of Appeal; the Supreme Court; and the Resident Magistrate's Court, of which there are nineteen. Other judicial bodies are the Coroner's Court, Traffic Court, Petty Sessions Court, juvenile courts, Revenue Court, Family Court, and Gun Court (see National Security, this ch.). Justices of the peace, who are local notables without legal training, preside over courts of petty sessions.

The eight-member Court of Appeal is at the apex of the court hierarchy in Jamaica. This court is headed by a president, who is appointed by the governor general on recommendation of the prime minister after consultation with the leader of the opposition. It is also staffed by a chief justice and six other judges appointed by the governor general on the advice of the prime minister and the opposition leader. It sits in two divisions in Kingston throughout the year. A person who is dissatisfied with the decision of another court, except petty sessions, may appeal to this court. Section 110 of the Constitution provides that decisions of the Court of Appeal can be taken on appeal to the Judicial Committee of the Privy Council in London in grave civil or criminal cases, for matters deemed of great public importance, or as decided by Parliament or the Court of Appeal itself. The Privy Council is given final jurisdiction on interpretation of the Constitution.

The Supreme Court is headed by the chief justice, who is appointed in the same manner as the president of the Court of Appeal. It is also staffed by five other judges, a senior puisne judge, and other judicial officials. The Supreme Court has unlimited jurisdiction in civil and criminal cases and can dispense summary justice without jury in certain criminal cases. It sits in Kingston for the trial of civil cases; for criminal cases, it serves as a circuit court in the capital town of each parish.

The Resident Magistrate's Court, which includes the Petty Sessions Court, deals with minor infractions, but may also indict an individual for a serious offense, which would then be adjudicated in a circuit court. Kingston has four resident magistrate courts; St. Andrew, three; and the other parishes, one each. Circuit court judges exercise broad discretion in imposing sentences for serious violations of law.

Constitutional provisions relating to the appointment and tenure of the higher judiciary provide safeguards for their independence from government. Appointments are made by the governor general in consultation with the prime minister, the leader of the opposition, and a judicial service commission. Judges are almost always appointed from within the judicial department of the civil service.

Punishment
Corporal punishment was used in the country's history and usually consisted of whipping or flogging until being finally abolished in 1998.Article Abolishing Corporal PunishmentIt was issued as a result of conviction for criminals and as part of the sentence or punishment. Also corporal punishment has been used in Jamaican schools that typically involved a cane or strap.

Legal Personnel
The Justice Training Institute was established in July 1997 to serve the training needs of the Justice System. It was established to design, develop, organize, co-ordinate and conduct training programs for personnel employed in the various agencies (Public and Private Sector) that serve the Justice System. The Institute, in consultation with the Chief Justice, caters to the needs of the Judiciary by organizing and co-coordinating training programs to satisfy its needs. The Institute also has responsibility for the training of Justices of the Peace. Additionally, it may undertake, participate in, or commission research into areas relevant to the Administration of Justice, and publish those research findings. It further structures its training programs/offerings on the basis of any relevant research findings. The Institute offers training in the following:
 * Certificate in Legal Administration for persons who work or have interest in legal administration in law offices, legal departments and legal entities of the public and private sectors
 * Certificate in Criminal Justice Studies for persons who work or are involved in the administration of the criminal justice process, or who have interest in understanding the essentials of the criminal justice process and the factors which impact upon that process
 * Training program in Jamaican Sign Language – one of its thrusts in ensuring access to justice for people who are hearing impaired
 * Supervisory Management for supervisory personnel who work in public sector agencies
 * Customer Service for persons who work in the Justice sector agencies but not limited to those agencies

Law Enforcement
The Ministry of National Security is responsible for maintaining security and defense of Jamaica. The security of Jamaica is maintained through the the national forces of the Jamaica Defence Force, or JDF, and the Jamaica Constabulary Force, or JCF. The Jamaica Defence Force offers military service, while the Jamaica Jamaica Constabulary Force has the responsibility of maintaining the basic law and order within the country. Jamaica Police Academy administers the recruitment and training of entrants to the Force with a Commandant at the level of Superintendent of Police, heading the academy. The people of Jamaica face significant problems with the police, crime, gangs, and corruption. There have been reports of police not protecting and serving the community, but actually killing members of the community in what they call "shootouts". There also seems to be a good amount of corruption on the part of the police with bribes seeming to be prevalent. Also there is distrust in the justice system so often people are reluctant to report crimes, from fear of retaliation from gangs or the mishandling by the police force. The military, or Jamaica Defence Force, includes an infantry Regiment and Reserve Corps, an Air Wing, a Coast Guard fleet and a supporting Engineering Unit. It's duties are to defend the nation in the event of aggression, provide assistance to the police and other agencies in the event of civil disturbances or major disasters, and to do surveillance of Jamaica’s territorial waters in support of fisheries protection, anti-smuggling and narcotics control measures. The Jamaican Constabulary Force is the main police force in Jamaica and it's duties are to: keep maintenance of law and order, prevent and detect crime, the protection of life, investigate alleged crimes, and the enforcement of all criminal laws as well as immigration and alien control.
 * Jamaica has a multiple coordinated, centralized type of police structure that takes after England.

Crime Rates and Public Opinion
Theft, assault, and robbery are also high in Jamaica Police corruption, being understaffed and overworked can account for the numbers being less reliable or factual, however Jamaica still has one of the highest murder rates in the world as Nationmaster ranks them 3rd only behind Colombia and South Africa for murders(per capita)with 0.324196 per 1,000 people
 * There are significant problems with violent crime in the country, along with issues that revolve around human trafficking and drug trafficking that remains a problem within the country.
 * Jamaica is part of the Common Law and Civil Law families of law, with most of it's history stemming from British traditions

Family Law

 * In 2003 the Child Care and Protection Act was passed in order to address and define neglect and child abuse, procedures for responding to such allegations, and judicial remedies for such. The act mandates that the child's views be taken into account when that child is of sufficient age and maturity.  Also the act provides for the position of "Child Advocate" to serve as legal representative to the child if it appears to the court that the child is in need of representation and consents to it.

Social Inequality
Family Code: Physical Integrity: Ownership Rights:
 * Jamaican legislation prohibits all discrimination based on race or religion, but does not make any reference to gender. The government is reviewing a draft charter on fundamental rights that would specify gender on the list of prohibited discriminations. Jamaica’s Civil Code and Penal Code still contain numerous discriminatory measures, and the language used in the country’s laws is not gender-neutral. Traditional gender stereotypes are institutionalised within Jamaica’s education system, the media, religion and the family.
 * Although tradition is strong in Jamaica, the country’s Family Code upholds the principle of equality for women. The minimum legal age for marriage is 16 years for both men and women; minors below 18 years of age need their parents’ consent to marry. Early marriage is extremely rare: a 2004 United Nations report estimated that 1 per cent of girls between 15 and 19 years of age were married, divorced or widowed.
 * Polygamy is prohibited under Jamaican law.
 * Jamaican legislation provides for equal rights and responsibilities for spouses, and mothers and fathers share parental authority. Social stereotypes persist, however, making it socially acceptable for husbands to exercise authority over their wives and make household decisions. In the event of divorce, custody is awarded according to the best interests of the children, but is usually granted to the mother.
 * In the matter of inheritance, the wishes of the deceased are paramount. However, if the deceased has specifically stated that the spouse and children should not inherit his or her property, the surviving dependents can appeal to the courts to obtain an allowance.
 * The physical integrity of Jamaican women is not sufficiently protected. Violence against women, including domestic violence and sexual abuse, is common, especially in rural areas. In fact, the high incidence of physical, sexual and psychological violence considerably reduces women’s independence. In 1995, the government passed a law that recognised domestic violence as a crime; however, the authorities are having difficulty addressing the problem and the legislation is slow to have any positive impact on women’s lives. The Bureau of Women’s Affairs has proposed an amendment to the 1864 Offences against the Person Act to include spousal rape as a crime. The World Bank has found a close correlation between economic dependence and violence, and states that the main cause of men’s violence against women is financial, emotional or sexual insecurity.
 * Jamaican law and tradition create obstacles to women’s financial independence. While Jamaican women have the legal right to hold title deeds, social stereotypes limit women’s access to land and they have difficulty obtaining mortgages.
 * The Married Women’s Property Act, a law dating back to 1887, regulates married women’s access to property other than land. It contains numerous discriminatory clauses, including a regulation that refers to “fraudulent investments [made] by a wife of her husband’s money without his consent”. The government is revising this legislation and has recommended that the asymmetry of this statement be addressed. The Family Property (Rights of Spouses) Act was adopted in 2004, stipulating that men and women have an equal legal capacity to sign contracts and administer property.
 * Women have more difficulty than men in obtaining access to bank loans, primarily because they are more likely to live in poverty. Women can obtain low-rate loans through micro-credit programmes, and several such initiatives have been launched in recent years. In general, women have better access to loans for small sums than for larger amounts.

Human Rights

 * The Jamaican Constitution of 1962 provides that every person, regardless of race, place of origin, political opinions, colour, creed of sex, is entitled to certain fundamental rights and freedoms. These freedoms include:
 * -the right to life
 * -the right to personal liberty
 * -freedom of movement
 * -freedom from inhumane treatment
 * -enjoyment of property
 * -freedom of conscience
 * -freedom of association
 * -respect for private and family life
 * -freedom from discrimination

 * Jamaica continues to stand in solidarity with other nations in its commitment to respect and preserve human rights as demonstrated by the fact that Jamaica is a party to the major international conventions concerning the protection of human rights, including the International Covenant on Civil and Political Rights, and Jamaica’s Constitution as well as other laws seek to protect and preserve basic human rights.
 * Although Jamaica strives for human rights and equality, discrimination is present among gay men and those individuals who are HIV-positive. This is due to the fact of Jamaica's anti-homosexual laws and stigma that is associated with HIV-positive people and homosexuals in the country, but also from the civilian population and health care services.

title: Comparative law and justice/Jamaica


text:
Comparative law and justice/Uganda

Part of the Comparative law and justice Wikiversity Project

192.133.12.108 19:36, 9 February 2010 (UTC) Dscott 19:47, 9 February 2010 (UTC)

Basic Information
Uganda is the eighty-est largest country by landmass and ranked thirty seventh in population located on the shores of Lake Victoria in east Africa. Its border countries are Democratic Republic of the Congo (765 km), Kenya (933 km), Rwanda (169 km), Sudan (435 km), Tanzania (396 km)  The total landmass of Uganda is two hundred, thirty six thousand, forty square miles. Uganda geological features are marked by many mountains and rivers throughout the country. The eastern and western boarders are marked by the Ruwenzori Mountains (often called the Mountains of the Moon) which forms about eighty kilometers of the border between Uganda and Zaire. The Ruwenzori Mountains are snow capped at the highest peaks of Mount Stanley. Uganda is also has the presence of volcanic hills. The current environmental issues in Uganda is draining of wetlands for agricultural use; deforestation; overgrazing; soil erosion; poaching is widespread. The country is located on the Equator but has a tropical climate. About 6.2% of the land is covered by rain forest. Its cash crops consist of timber plus tea, coffee, tobacco and cotton.

The total population of Uganda is 32,369,558 as of 2009. The capital of Uganda is Kampala. Kampala is also the largest city with the population of 1,420,200 (2008 estimate)Uganda is ranked one of the 20 poorest countries in the world with half of its country below poverty level.

Uganda had many religions throughout the country. Christianity takes up about 85.1% of the population with 41.9% of it is Catholic. Islam takes up about 12.1% of the population. Judaism consist of about 1,100 people in the population. Population is not to aware of the Jewish presence. Hinduism takes up about .7% of the population and it is under classification "Non-Christians". Baha'i Faith is a new found religion that started in 1951 and continues to grow.

Brief History
In 1875 the explorer Henry Stanley reached Uganda. At that time Uganda was divided into Kingdoms. Catholics, Protestants and Muslims all tried to convert the Ugandans.The colonial boundaries created by Britain to delimit Uganda grouped together a wide range of ethnic groups with different political systems and cultures. These differences prevented the establishment of a working political community after independence was achieved in 1962. The dictatorial regime of Idi AMIN (1971-79) was responsible for the deaths of some 300,000 opponents; guerrilla war and human rights abuses under Milton OBOTE (1980-85) claimed at least another 100,000 lives. The rule of Yoweri MUSEVENI since 1986 has brought relative stability and economic growth to Uganda. During the 1990s, the government promulgated non-party presidential and legislative elections. In January 2009, Uganda assumed a nonpermanent seat on the UN Security Council for the 2009-10 term.

Economic Development, Health, and Education
Uganda has one of the worst healthcare records in the world, but the development of local facilities and training of volunteers will bring life-saving services to thousands of people in Katine. Uganda is seen to be a developing country on the rise, which may explain why the health care portion lags behind most other country's. Total health expenditure as a percentage of GDP was 7.4% in 2002.

Governance
The country of Uganda has a presidential republic government, which means that the citizens of the country choose and elect their potential leaders that they want to govern them. The president is both head of state and head a government, its a multi-party system. The system is based on a democratic parliamentary system with universal suffrage for all citizens over 18 years of age. Uganda has a constitution that was ratified in July 12, 1995; promulgated October 8, 1995. The Uganda government just like the United States government consist of three branches. Uganda executive branch consists of the president, vice president, prime minister, cabinet. Legislative branch consists of the parliament. Judicial branch consists of the Magistrate's Court, High Court, Court of Appeals, Supreme Court. In 1995, the government restored the legal system to one based on English common law and customary law; accepts compulsory ICJ jurisdiction with reservations.

Elections
Uganda provides national elections for the president and legislature. Unlike the United States, when a President is elected in Uganda they are elected to serve a five year term not a four year term. The current president of Uganda is Yoweri Museveni, which he was elected in February 2006. Museveni has been serving as president of Uganda since January 1986. The voting age in Uganda is 18.These elections are an important achievement in Uganda's return to multiparty democracy.

Courts and Criminal Law
The Judiciary is an independent organ of government entrusted to administer justice through courts of judicature including the Supreme Court, the Court of Appeal, the High Court and other courts or tribunals established by Parliament. The functions of the Judiciary are to adjudicate civil and criminal cases,interpret the Constitution and the laws and promote human rights, social justice and morality The courts are broken up into four different parts with the Supreme Court at the top and the Subordinate Courts at the bottom. The Supreme Court is established by Article 130 of the Constitution and stands out at the top of the judicial pyramid as a final Court of Appeal in Uganda. The Chief Justice is the head of the Supreme Court

Punishment
There is capital punishment in Uganda but it is becoming increasingly unpopular. There is no law that has completely abolished capital punishment yet. The President of Uganda, President Museveni hasn't put any prisoner to death since 1999. Amnesty International opposes the death penalty and many groups want Uganda to ban it.

Murder in Uganda is not at the top of the crime rates chart but there are heavy consequences for it. The punishment for murder in Uganda is death. You will be hanged." said President Museveni. Another heavy crime that can result to the death penalty is if anyone continues to practice female circumcision once it is banned. Especially if while being practiced the female dies during the practice. Since the Anti-Homosexuality Bill on 13 October 2009, anyone caught taking part in any sexual same sex activites will be sentenced to the death also.

The highest rate of crime in Uganda is Thefts. One example of punishment for this crime was the theft of a cow. The angry residents punished the suspected thieves by forcing them to eat raw meat and ordered them to pay sh700,000 for the cow.

In Uganda, government authorities frequently employ torture against government opponents, ordinary civilians accused of supporting rebel groups, as well as suspected common criminals. Victims have been severely beaten with rifle butts, sticks, electric cables and other objects. A lot of torture takes place in Uganda, and a lot of it is done just because people feel like being cruel. Some types of torture many include the victim hands and legs tied behind them and even keeping them in holes dug out in the ground. These people may use harm to the victims penis and testicles. Denying this victims medical help makes it even worst.

Law Enforcement
The Uganda Police Force is the national police force of Uganda. Central police station-Kampala is the biggest police station in the country. It is located in the center of administrative Kampala.It is the headquarters of the new metropolitan police.

Crime Rates and Public Opinion
Crimes in Uganda is very high and popular. Crimes in Uganda ranges from thefts all the way to terrorism. Crimes such as pick pocketing, purse snatching, and thefts from hotels and parked vehicles or vehicles stalled in traffic jams are common. The most popular crime in Uganda with 32,958 reported in 2008 was thefts. Reported with only 4 cases in 2008 was terrorism. On the chart of crimes that take place in this country homicides is about number nine. It is not that come like a lot of other low level crimes. In 2008, the number of homicides reported and investigated was 2,753 compared to 1,927 cases in the year 2007. A lot of the homicides that took place wasn't by shooting, which were 351 (reported in 2008). Death by other than shooting was 1,763 which is very surprising in a large country like this. You would think that in a country that is ranked one of the poorest countries in the world, there would be a lot of homicide because people are fighting just to survive(survival of the fittest)

Homosexual Rights
Homosexuality is currently illegal in the African nation Uganda. On October 13 2009 Uganda proposed an Anti-Homosexuality Bill. The bill introduced the death penalty by hanging for people who have previously been convicted, that is HIV positive or engage in homosexual acts with people under the age of 18. The bill talks about if any Ugandans engage in any homosexual acts outside Uganda can be brought back to Uganda and be punished. In the bill it also threatens to imprison straight people who don’t report any suspected homosexual acts to the government. The bill even goes as far as convicting landlords if they rent out an apartment to a LGBT. This bill has made a lot of commotion. Outside countries government who help out Uganda are threatening to cut off financial aid because of this bill.

Family Law
In Uganda, the age that men are allowed to marry is 18 years old. The legal age for women to marry is 18years old or when their father feel as though they are ready to marry.

The Islamic Law allows Muslim men to marry up to four wives.

Adoption in Uganda is legal even for people living outside the country. Any family or single parent is allowed to adopt any gender child. Immigrants are allowed to adopt to but they have to have Visas. Same sex couples are not allowed to adopt at all in Uganda. "Ugandan law places restrictions on the ability of foreign citizens to adopt Ugandan children. The Children’s Act states that a foreign citizen may, in exceptional circumstances, adopt a Ugandan child, if the foreigner has resided in Uganda for at least three years and if the foreigner has also fostered the child for 36 months. However, High Court judges have made some exceptions to these three-year residency and fostering requirements on a case-by-case basis if it was deemed in the best interests of the child."

Ugandan High Court judges have also exercised discretion in approving legal guardianship decrees (which may permit the child to emigrate for full and final adoption abroad) in certain cases where the prospective adoptive parents were unable to meet the requirements for adoption in Uganda.

Human Rights
Uganda continues to experience difficulty in advancing respect for human rights in matters concerning torture, child labor, and liberties. Since 1962, Ugandans have suffered gross violation of human rights, including genocide, government sponsored violence, acts of elimination of elites, forced exiles and expulsions, imprisonment without trial, and denial of the other basic human rights. Human rights violations by the Ugandan authorities include the imprisonment of 18 prisoners of conscience, the detention without charge or trial of civilians suspected of involvement in rebel activities, the administrative sentencing of 1,100 others for "desertion", the ill-treatment of prisoners in military custody, and extrajudicial executions.

Women human rights are always violated in Uganda. Violated in the work force, in marriages, body mutilation, and in inheritance rights. In Uganda they are "trying" to up-lift and empower women in the work force but there is still a huge gap between men and women when it comes to job opportunities. Men always have first priority when it comes to job qualifications. Women are look at as baby manufacturers, and are always on leave,causing a loss to that company. In some cases women have to be sexual abused by men in order to get certain jobs. The jobs that the women do get are the low paying and low status jobs, as though they aren't worth the better jobs with the higher pay. Mostly all promotions go to the men because they are given the job training opportunities more then women are.

female circumcision an old trend is phasing out with reports of 0-1%. During this procedure, many women attract diseases due to the objects being used are not clean. The women are not giving any pain medicine so they endure severe pain. Some women even lost their lives to this practice.

title: Comparative law and justice/Uganda