text:
Comparative law and justice/Brazil

Part of the Comparative law and justice Wikiversity Project

Basic Information
Brazil is located in the eastern part of South America, bordering the Atlantic Ocean. . It is the largest country in South America and shares common boundaries with every country in South America except for Chile and Ecuador. The total landmass in Brazil is 3,266,199.16 sq miles  Brazil is mostly flat to rolling lowlands in the north end, however, it does have some plains, hills, mountains and narrow coastal belt. The climate of Brazil is mostly tropical but temperate towards the south end of Brazil. The total population is 198,739,269. 26.7% of Brazilians are 0 to 14 years old; 66.8% are 15 to 64 years; 6.4% are 65 years and over. The median age for males in Brazil is 27.8 years old and females is 29.3 years old. There are many different ethnic groups; 53% are Whites, 22% are Mulatto, 12% are Mestizo, 11% are Black, 1% are Japanese, and 1% are Others such as Arab and Amerindians The religion groups are Roman Catholic (88%), Protestant (6%), Afro-American Spiritual (l2%), Spiritist (2%), Atheist (1%), and Others (1%). The most spoken language is Portuguese with 97%; Amerindian language with 1% and other languages. The official language is Portuguese.

Economic Development, Health, and Education
Brazil is a politically stable country. Brazil's Gross Domestic Product (GDP) is 1.5 trillion. It is ranked the 15th biggest in the world. It is the second largest economy in the Americas after the United States. The GDP per capita in Brazil is 7,600. The key industries are textiles, shoes, chemicals, cement, agriculture, motor vehicles and parts. The key exports are aircraft, coffee, vehicles, soybean, iron ore, orange juice, steel, textiles, footwear and electrical equipment. Brazil's partners for exports are the US, China, Argentina, Netherlands, and Germany. Brazil's key imports are machinery, electrical and transport equipment, chemical products, oil, automotive parts, and electronics. Their partners for imports are the US, China, Argentina and Germany.

Brazil's infant mortality rate is 19.88 per 1,000 live births which places Brazil below 90 other countries. The life expectancy for males in Brazil is 70 years old while for females it is 77 years, old putting Brazil below 91 other countries. The literacy rate for both men and female is 88.6%. The Brazilian Educational System is divided up into three levels: fundamental, intermediate, and higher. The school year in Brazil is 180 days. Fundamental School is for ages 7 to 14 which is from 1st grade to 8th grade. To go ahead to an intermediate school, the fundamental school must be completed. Intermediate schooling takes up to 2,200 hours of school work. The next level of schooling is the higher school. Higher schooling is taught at universities. .

Brief History
Brazil history can be divided up in five periods. The first period is from 1500 to 1550. This period was the logging of Brazil wood. The Brazil wood was a red dye that was important for the textile industry. This is how Brazil received its name known as "pau brasil." The second period was the sugarcane period from 1530 to 1650. Slaves were the ones that provided the labor for the fields and mills. The sugarcane cultivation went from Sao Vincente in the South to Pernambuco in the Northeast. Sugar began the development of a capitalist system. . The third period started from 1690 to 1750 which was removing of gold and diamonds. The colonial center shifted away from the Northeast coast into the interior (Minas Gerais). After the gold production went downward, the fourth period began. The fourth period was the coffee cultivation. It lasted until the late 1920's. It went from the mountains behind Rio de Janeiro, to the Rio Pariba Valley, to the west across Sao Paulo State and out into Parana. Coffee was Brazil's best producer. The fifth period started in the 1930's to the 1990's. This period was the triangle of Sao Paulo-Rio de Janerio-Belo Horizonte. This led to the import-substitution industrialization which attracted rural migrants throughout the country.

Brazil was discovered in 1500 by a Portuguese man named Pedro Alvaros Cabral. The colony was ruled by Portugal until 1808. Brazil received its independence in 1822 by Dom Pedro I. Brazil's government was a monarchical system until 1888 when they abolished slavery. The capital of Brazil was Salvador. . Salvador's early pre-eminence within the then colony of Brazil was due to the rich agricultural hinterland which was highly suitable for growing sugar-cane. To work the land large numbers of slaves were transported from West Africa, and even today Salvador has a very different character to other Brazilian cities. Intermarriages were very common throughout Brazil between the Portuguese and other indigenous people or even slaves.

Governance

Brazil is governed by civil law. Their legal system is based on Roman codes and federal legislative powers. Their constitution was made up on October 5th, 1988 .Their constitution establishes the three branches of government; legislative, executive, and the judiciary branch. The Congress involves the Chamber of Deputies and the Federal Senate. They use their legislative power through the legislative process which are the Senate and Chambers of Deputies. . The executive branch is surrounded by the President of the Republic and the Ministers of State. The judiciary branch is made up by the Federal Supreme Court, National Council of Justice, Federal Justice, Labor Justice, State Justice and a couple more Justices. The highest court is the Federal Supreme Court. The president holds office for 4 years, with the right to re-election for an additional 4-year term, and appoints his own cabinet There are 81 senators, three for each state and the federal district. The senate has an 8 year term which is spread out so that 2/3rds of the upper house is up for election at one time and 1/3 after 4 years. There is a bicameral legislature consisting of an upper Federal Senate and a lower Chamber of Deputies.

To vote in Brazil you have to be between the ages of 18 and 70. Voting is mandatory and voters must be a citizen of Brazil. Citizens of Brazil that are 16 years old and 70 years old and over are able to vote voluntarily. The military conscripts do not vote. If a person does not vote it is difficult to access certain things, for example receiving a passport or bank account. Brazilian citizens are required to vote. In 1996, Brazil began using an electronic voting system. However, the entire country didn't begin using it until 2000. For a candidate who holds office in the executive branch that is interested in an elective office they must resign six months before the election The requirements are a minister, governor, mayor or state enterprise director. These are beneficial for their elections.

Judicial Review
Brazil does have a judicial review. The judicial review that Brazil follows is the mixed model. The judges in the courts are allowed to ignore the constitution under certain circumstances. Before the new constitution in 1988, Brazil used a diffuse model. Brazil "judiciary had the duty of constitutional control with the potential inconsistency of decisions being lessened through stare decisis or a structural equivalent

Courts and Criminal Law
The criminal law system in Brazil uses an adversary system. Evidence that are made unconstitutionally are dismissed in the court. The criminal sentence has to be final and unappeasable to finally consider the criminal guilty. The Federal Supreme Tribunal consists of judges and eleven justices. The justices are appointed by the President of the Republic and they also have to be approved by the Federal Senate. The justices must be between 35 and 65. The justices may retire after 30 years of service but they must retire at the age of 70. Ellen Gracie is the first woman to become one of the justices in the Supreme Court in 2005. Joaquin Barbosa was the first afro-Brazilian. The Federal Supreme Tribunal is to safeguard the constitution. It makes peace between states and it also deals with complaints against higher authorities. The key actors in the courtrooms are the judges, plaintiff, victim, attorney, police, experts, clerks and auxiliary court personnel.

There are state courts in every state. The state courts have jurisdiction judges and at least one Appeal Court. They deal with the private individuals and many types of crimes except for the federal crimes which go to the Federal Courts. Trials are not averted by a plea of guilt. Confessions may be admitted as evidence, however, the court is the only ones who determine guilt or not. Brazilian court trials uses an adversarial system. The trail process starts when a complaint is accepted by the judge. They then pick a date to question the defendant. The first step for the trial procedure is immediately after questioning; the defendant will fit out a claim and name the witnesses. The second step is examining the witnesses, beginning by the state's witnesses. Both parties may present evidence throughout the criminal process. If the judge is convinced that the defendant is found guilty, the prosecutor may ask to move it to a Jury Court. The Jury Court consists of a judge and 21 jurors. The state's witnesses cannot hear the debates so they are taken away from the trial while seven out of twenty-one are selected to hear the case. The jury receives documents to hear the state's witnesses, judge, defense counsel, plaintiff, prosecutor and sometimes the defense's witnesses. The verdict is decided from the decision of the majority of the jurors.

Punishment
People older than 18 are under the Penal Code. Juvenile offenders are between the ages of 12 and 17. They are under the Statute of Children and Adolescents. Instead of being sentenced to prison, they are sent to an institution or in custody under a training order. Children under 12 years old cannot be tried on indictment. Their main concern is returning the juveniles back to the community. They focus on rehabilitation for juveniles.

30 years is the maximum amount of time to be incarcerated. The penalties are all up to the kind of offense, behavior and personality of the offender. A couple other penalties are fines and deportation. However, most of the offenses are punished with imprisonment. Some typical punishments for offenses are: Prisons in Brazil are one of the most human right problems. The inmates are held in scandalously abusive conditions. The population in prison is more than 360,000 even though the capacity is suppose to be 207,000 .. Most of the Brazilian inmates are young, poor, male and uneducated. One- third of the inmates are between the ages of 20 to 30. Brazil does not use capital punishment. The only exception is in case of war declared by Congress and as a response to aggression by a foreign nation. From 1995 to 1999, the numbers of inmates that were imprisoned increased by 30.5%. By 2000, the prison population was 200,000. The main problem for prisons in Brazil is the over crowding.
 * intentional homicide (12 to 30 years)
 * major assault (1 to 12 years)
 * rape (6 to 10 years)
 * kidnapping (8 to 30 years)
 * theft (1 to 4 years)
 * violent robbery (4 to 30 years)
 * embezzlement (1 to 6 years)
 * arson (3 to 6 years)
 * Corruption (2 to 12 years).

Women that are in prison that have children are allowed to keep their children with them until they are complete with breast feeding.

Legal Personnel
The police forces organization differs from state to state. To become a lieutenant, sergeant, captain, majors and colonels, a four year program at the Police Academy is required. The majors and colonels salaries are about the same as the state prosecutors. Law enforcements are trained by the police academy.The curriculum trained depends on what the country is dealing with the most at that time. Soliders are chosen by a public selection. Candidates are required to have completed middle school and passed several exams. Also, the candidate must have a clean criminal record. After the candidate has been selected, they must train for about 10 to 12 months. There are 358,166 military police officers in Brazil which is 211.3 for every 100,000 people. Their salaries are between $2,950.00 to $5,350.00 annually. There are 7,403 federal police officers. For beginner officers, there wages are $19,310.20 and police chiefs are $43,376.73. There requirements are a college degree and two exams which are psychological and intellectual exams. After they pass those exams, they go to a training program which varies from 4 to 8 months at the National Police Department.

Judges also have a process to go through to become a judge. They are selected by a screening process. A judge must be at least 24 years old and must have at least two years of experience as a practicing attorney. Federal judges average age is 34. Candidate's selects which type of judge they would like to focus on and takes a test which is very difficult and most candidates thrive. These types of judges are state, federal, military, and labor judges. After two years of working as a judge, they have a life term commitment. They have to work until they retire or if they commit a serious act. There are around 14 thousand judges in Brazil with an income of $65,000,00 American dollars.

Law Enforcement
Policing in Brazil is centralized. Brazil has two state police forces. These polices forces are the Military Police and the Civil Police. There are Military Police in each state. They are responsible for keeping order within the States and Federal District. Civil Police are responsible for the duties of a judical police force and investigating criminal offenses and also forensic work. Each state has different rules and uniforms for each Military Police force. Police chiefs are known as delegates and the force is commanded by the general delegate. The general delegate has the same rank of the commandant of the Military Police. To become a delegate, they must have a law degree, and must be selected by public examination. Officers with lower-ranking are known as investigators. The only way to get promoted is to receive a law degree.

Brazil also has three federal authorities: the Federal Police, the Federal Highway Police, and the Federal Railway Police. The Federal Police are responsible for investigating crimes that are against the Federal Government or its organs and companies. They are also responsible for the international drug trafficking and terrorism. The Federal Highway Police is responsible for fighting crimes on Brazilian federal roads and highways. The Federal Railway Police is responsible for patrols and securities on federal railways. The Federal Police chose there members from graduates of the National Police Academy. To join the state police you must pass a test that happen periodically. Delegates must be bachelors of law and pass a three-phase test. If they are approved, they must undergo a formative course in the police academy.

Crime Rates and Public Opinion
Crime in Brazil is very high. The murder rate in Brazil is four times higher than the United States. . The most common crimes that occur in Brazil are theft, pick pocketing, cons and "quick napping ." Quick napping is when someone is kidnap for a small amount of time to receive a ransom ." Since Brazil is a country in which there is a lot of tourism, these types of crimes occur more often than a non tourism country.  Theft occurs mostly at airports and tourist areas in Brazil.  Cons are also common to tourist because they notice that you are not from Brazil and will offer to take you around and they end up robbing you .  The homicide rate in Brazil in 2002 was 28.4 per 100,000 people .  In 2002, there were 49,570 homicides that were reported; 53.1 were males and 4.3 were females.  Some crime reports do not have the population.  For example, colleges, highway patrol, state police, and drug enforcement agencies .  The least reported crime is rape . Citizens of Brazil favor the capital punishment.  51 percent of the people think that capital punishment should be reinstated.

Marriage
Getting married in Brazil has requirements that need to be fulfilled. There has to be two people of the opposite sex. They both have to be 18 years of age and if they are younger than 18, they need consent of their parents or legal guardian. Same sex marriage is illegal in Brazil. People cannot get married if a person was married before and has not completely finished the process of divorcing. Also marriage is not allowed if you are closely related to the other person, such as, siblings. . There are documentation and procedure that you need to meet before you get marriage. You need to register to get married and you need proof of the documents. Also, publication of the banns and getting a marriage license. The place to register for marriage is in the Civil Registry Office. They are responsible of finding out if on of the couple is a resident of Brazil. To fill out the document of registration, they must do it 30 days before the marriage date ceremony. It could take up to 20 to 60 days to process.

Divorce
Brazil was forbidden to divorce until 1977. Brazil had doubled their divorce rate since 1985 and most people believe that this is because the 1988 abolition. Men were now able to divorce as many times as they please. Before the abolition, they could only divorce twice in their lifetime. Sociologist believes that women are now ashamed if they stay with a man when they abused them while in the past, they would look down upon because the woman divorced her husband. Brazil has a law that states, married couples must wait two years after their marriage to get a divorce and they must wait two years after their divorce to remarry.

Local family courts handle divorce and custody in Brazil. Brazilian Civil Code lets married parents have equal rights of custody though their minor child. However, the U.S. Embassy of Brazil has gender discrimination. Women are much more likely to receive custody of small girls. Also, Brazilian parents would get custody before a foreign pattern does. Parental abduction is only a crime when it happens in Brazil and both the parents are Brazilian. However, if a Brazilian parent takes the child to Brazil without the foreign parent's custodial right, it becomes a crime.

Adoption
Brazil and the United States have an agreement with adoption called the Hague Adoption Convention. The adoptive parent(s) from the United States much come to Brazil to adopt a child. The child is not allowed to go to the United States to get adopted. Adopting a child is a long process. People may adopt children from Brazil without the parent being a citizen; however, there are some consequences. Most of the children are five years and up; sibling groups; and special needs children's. The adoptive parent(s) must be at least twenty-one years of age. There are no marriage requirements to adopt a child from Brazil. When the adoption papers are completed, the adoptive parent(s) must stay in Brazil for at least 15 days when the child is under two years old and 30 days when the child is over two years old.

Abortion
Overall, abortion is illegal in Brazil. There are only two reason that make abortion legal. The first reason is if the mother was rapped. The second is if the mother has to risk her life. There is a punishment for performing an abortion or consenting to one other than the reason said above which is three years of prison. If performing the abortion causes harm to the woman than the punishment increases by one-third and if the abortion causes the death of the woman than the punishment is double.

Social Inequality
There are many ways of becoming a citizen in Brazil. If one of your parents are a citizen of Brazil, then you are also a citizen of Brazil no matter where you were born. All children born in Brazil are also citizens, except if your parents are on the blue list. Women have the same equal right as men do to become a citizen of Brazil.

Discrimination does occur in Brazil and it is mostly seen in the work area. Women and black Brazilians are the ones that are getting discriminated. This goes to back to when people received their jobs by hierarchies of race and gender, instead of receiving them by their education and skill. Men and women income per hour also are not equal. There are more men that have educated in universities which helps them receive higher pay in job. Brazilians consider childcare, grade school teachers and nursing as "women's work." However, Brazil does have programs that fight for gender equality in Brazil.

Human Rights
Article 5 in the Brazil constitution talks about equality among the people in Brazil it says "all persons are equal before the law, without any distinction whatsoever, and Brazilians and foreigners resident in Brazil are assured of inviolability of the rights of life, liberty, equality, security, and property." Men and women in Brazil are treated equally with equal rights. Brazil has about 3,500 refugees and 25% are women. Refugees are documented and have equal access to work, health care and education. However, refugees do have a difficult time in finding homes and employments.

Brazil has had problems with violating other citizens of their human rights. "The following human rights problems were reported: beatings, abuse, and torture of       detainees and inmates by police and prison security forces; inability to protect witnesses  involved in criminal cases; poor prison conditions; prolonged pretrial detention and inordinate delays of trials; attacks on the media by local authorities and organized crime; violence and discrimination against women; violence against children, including sexual abuse; trafficking in persons; discrimination against indigenous people and minorities; significant obstacles to persons with disabilities; failure to either apply or enforce labor laws; and child labor in the informal sector." These are all violations for Brazilian citizens.

title: Comparative law and justice/Brazil


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Comparative law and justice/Canada

Part of the Comparative law and justice Wikiversity Project

Basic Information
Canada's population is 33,487,208, of that population it consists of many different races. British Isles origin consists of 28% of the population, French origin make up 23%, other European make up 15%, Indian and Inuit make up 2%, 6% is made up for Asian, African and Arab, and then 26% is mixed back grounds. The official language consist of two languages, English 59.3%, French 23.2%, and the other 17.5 % is a mix of other languages.In this mix of diversity there is also a mix of religions.43% of the population is Roman Catholic, 23% is Protestant, 4% is Christian, 2% is Muslim, and the other 16% is none.

Aaron Latham Canada is located The Geography of Canada is that it covers most of the North American Continent,it is larger than the United States. Canada's geography varies depending on what direction you go in. To the east are the Maritime Provinces. These provinces have an irregular coastline on the Gulf of the St. Lawrence and the Atlantic. The St. Lawrence River alone covers most of southern Quebec and Ontario. To the West heading towards the Pacific, British Columbia, Yukon and Alberta are covered with many mountain ranges. The Pacific border is filled with different channels and fjords. Canada's locations is Northern North America, bordering the North Atlantic Ocean to the east the North Pacific Ocean to the west, to the north you will find the Artic Ocean. the Geographic Coordinates are 60 00N 95 00 W. The area in total is 9,984,670 square kilometers. The climate of Canada ranges but mostly it is temperate in the South and subarctic in the north. The Arable Land available in Canada is 4.57%. Canada ranks second largest in the world, the first being Russia. The Vast majority of the population is concentrated within 160 km of the United States border.

Economic Development, Health, and Education
Canada's median age is 40.4 years old and the birth rate is 10.3 for every 1,000, the death rate is 7.74 to every 1,000. Life expectancy in Canada is age 81.23, the breakdown is 78.69 for males and 83.91 for females. People living with HIV in Canada is 73,000 which is ranked 55th in the world. The school expectancy is 17 years of education.

The infant mortality rate is 5.0/1000. The life expectancy rate is 81.2. The literacy rate in Canada is 99%. The birth rate is 10.2/1000. The total population of Canada is 33,387,208 people.

Canada has a GDP of $1.266 trillion a year, the GDP per Capita is $38,400. Its exports include: motor vehicles and parts, industrial machinery, aircraft, telecommunications equipment, chemicals, plastics, fertilizers, wood pulp, timber, crude petroleum, natural gas, electricity and aluminium. Canada's imports: machinery and equipment, motor vehicles and parts, crude oil, chemicals, and durable consumer goods. The key industries in Canada are: transportation, equipments, chemicals, processed/unprocessed minerals, food products, paper products, fish products, petroleum and the natural gas.

Brief History
Canada obtained independence over years of constitutional changes. Canada was founded by the Vikings by accident, they were making a sailing mission from Iceland to Greenland when they were blown off track to find what we know as today Canada. John Cabot was the person who gave England the rights to Canada in his findings, he found the waters were rich with fish. Canada was discovered by France because of Jacques Cartier. Jacques Cartier left his followers to return back to France turning his back on the Canadian Project. For almost 60 years France ignored the Canadian project until Champlain came along. Champlain pleaded with his leader to allow him to go and settle on the St. Lawrence (Quebec). Quebec was settled in 1604.

One of the largest cities in Canada is Montreal. The city itself was started for a mission. This city was the basis for the Canadian Missionary movement. Catholics set up posts all around this area in an attempt to convert the Hurons. The Hurons being a Native American tribe were being threatened by the Iroquois. The Christians attempted to help the Hurons but both were killed in the Iroquois final invasion in Huronia. The Iroquois tribe posed as a threat to all settlers until finally in 1660 Adam Dollard des Ormeaux led a group of men to defend the land. Only few Frenchmen died but many Native Americans did, the Iroquis retreated and were no longer a threat.

Jean Talon played a very important part in Canadian History. In the beginning Canada did not resemble anything of what could be considered a democratic government. The job of intendant was to run things in the territory. Jean Talon became intendant in 1665, he encouraged great changes in "New France". He encouraged business, agriculture, crafts, exploration of the land and immigration. In 1666 Talon took a census of the land, he found that the population of "New France" was only 3,215. England had gained control of more land and had a larger population. The rivalry was then started between France and England.

England saw the money that the French were making because of the fur trade and decided that they also wanted to involved in this endeavour. They took over the Hudson Bay and it's resources to help better their trade. The French for years threatened them until 1686 when they finally invaded and regained control of the Hudson Bay territory. England and France signed a peace treaty in 1713, but the rivalry was still there and then another fresh war broke out between the two for control of "New France". In the midst of things a strong British Force stepped in and gained control. This started the early British Rule.

Governance
Canada has a government that would be labeled as a constitutional monarchy, and it is governed by its own house of commons. Canada has a constitution that consists of written acts, customs and traditions. A part of it is the Constitution Act of 29 March 1867. This specific act made a federation with four provinces. Another important act of the Canadian Constitution is Act 17 April 1982. This Act transferred over power from Britain to Canada, along with this shift of power they added a "Canadian Charter of Rights and Freedom".

The government of Canada is organized with 3 branches. The Executive branch which is headed by a monarch, this position is hereditary, there is no elections for this position. Also in this branch is the Governor General, who is appointed by the monarch. Then there is the Prime Minister who is mainly there for advice on issues, who is the leader of the major party of the winner in the legislative elections. The second branch of the Canadian Government is the Judicial Branch. This branch is made up of the Supreme Court Of Canada, the judges are appointed by the Governor General with advice from the Prime Minister. The third branch is the Legislative Branch. This Branch is a bicameral Parliament. The two parts of the Parliament are the Senate and the House Of Commons. The Senate is whom ever the Governor General appoints, they serve till they are 75 years of age. The House of Commons are members elected by direct, popular vote and they are to serve up to five years. It is common in Canada for the Liberal Party to hold the majority of the votes in the house of commons. Government officials mostly get their positions through the Governor General with the advice of the Prime Minister.

Elections
Canada has elections at least every five years. The elections are always by secret ballot. In order to vote in a Canadian election you must be 18 years of age and a Canadian citizen. In Canada by law there has to be a general election held on the third Monday of the fourth calender year following a general election. In charge of handling all of matters related to elections is the Chief Electoral Officer. The Chief is appointed by the house of commons, so that every political group is represented. The Chief only answers to Parliament and will only take orders from Parliament, this sets and equal setting for all political parties involved in the elections.

A recent law passed that states you not only have to be 18 years old but also have to prove your identity. When a voter is going to vote they must have a government issued form of identification, and they also have to have proof of address. If a voter cannot provide this information on the spot then they may take an oath and have someone who has their identification and proper paper work with them to vouch for them.It is public knowledge of who chooses to exercise their right to vote.

Judicial Review
In Canada there is plenty of room for Judicial Review. The Canadian Supreme Court hears special cases and has two crucial decisions with every case. The Supreme court can grant review to a can and one on the merits. Judicial Review isn't as easy as is in other countries, in Canada is more complex and controversial. Canada adopted the charter of rights and freedoms which in it self is Canada's judicial review. Before the adoption of the Charter the courts reviewed legislation and decided whether it was to go on to federal court or not, the charter now takes care of the guidelines for Canada taking out one step of the process, the case either goes to court or it doesn't based on what the Charter states.

Courts and Criminal Law
The levels of courts in Canada start at the Provincial Court. This is were the majority of cases are dealt with, there are many levels but the two main courts are the Provincial Court then the British Columbia Supreme Court. Only for serious crimes and cases does the Supreme Court hear the case. The majority of cases are dealt with in the Provincial Court where there is a Judge that has been appointed by the Province, and the Judge sits alone without a jury. If the case is serious enough then the accused most often has the right to a trail before a Judge alone. The jury are made up of around 12 people specifically chosen by the lawyer of the accused. The lawyer hand picks non-bias and truthful citizens.The jury are given facts about the law, then they are instructed to use that information and apply to what they hear and court, and determine what the outcome is.

The courts in Canada are organized in levels. First being Provincial or Territorial courts, the nest being the Courts of Appeals, the next is Federal Court, after that Canada has two specific federal courts which are the Tax Court of Canada then The Military Court, after all of these there is the Supreme Court of Canada.

The key factors in the Court system of Canada are the Court itself and the Judge. Many times there isn't a jury to hear the case if it is not of a level of seriousness.Usually in Canada if you commit a crime at the Provincial Level then you are to appear before a judge for sentencing. If the case does has high value and goes to the Federal courts then a lawyer is a factor in the court system. There is also a jury if the case is heard at the Federal level, they are different from the Jury of the United States because this jury is handed all the facts, they are taught what the law is and how the case is applied to it. In this sense the court sets the person accused for failure.

In order to become a Canadian Lawyer there is the same process as other nation's such as the United States. The person must first finish basic college, then they are to attend a law school and pass the LSAT ( a test to determine whether you can attend law school), then after getting their Bachelors Degree in Law they must finish whatever Province they choose to practice ins licensing process.

Punishment
Many offenses in Canada that are labeled as "Summary Offence" end in the sentence of 6 months maximum imprisonment and $2,000 in fines from the government. In Canada the punishment for rape is life imprisonment and a chance of parole after 25 years. The punishment for white collar crimes are conditional sentencing, and that there is no set punishment for this particular crime. The punishment for treason is automatic life imprisonment, in Canada there is High Treason and Treason but either crime end in the punishment of life in prison. Also in Canada if you commit the crime of theft you are given a sentence of less than two years in prison and fines less than $5,000

Capital Punishment was abolished in Canada so that is no long an option for sentence. For serious crimes such as murder there is a sentence of jail time, but no matter what degree of murder is you still have a chance of parole after so many determined years. In 1976 the option of Capital Punishment was removed from the Canadian Criminal Code. It was replaced with mandatory life sentences. In 1998 the Canadian Military removed Capital Punishment for the Canadian Nation defense Act.

Prison conditions in Canada are getting worse every year. Many facilities are overcrowded and now with growing rates of mandatory sentencing the prisons are going to be even more overcrowded. It is estimated that because of the mandatory crime rates now set in place the the Canadian Government will be spending and extra $80 million on prisons alone every year. The once good resources available to inmates to further their education and better themselves through rehab are now very limited resources, the waiting list had become so long that man inmates choose not to even enroll themselves in these programs. Canada's new "tough on crime" act is now making the prisoners even worse then when they first arrived to the prisons, they have a 40% re-conviction rate within two years after leaving prison. The people of Canada wants the government to be tough on crime but doesn't want to see their taxes rise along with the conviction rate.

In Canada you are labeled within two categories. You are either white or you are non-white. Statistics rase questions about the fairness of the Criminal Justice System in Canada. The statistics show that minorities are more likely to be warned, have DNA samples taken and more likely to be stopped by a police officer. Along with minorities there are the juveniles of Canada. A person of ages 12 to 17 are viewed as juveniles of the Criminal Justice System. The Youth Criminal Justice Act came into play in April 2003, this was an act placed on the community to help adolescents have stronger ties to the community. Facts show that if a adolescent has stronger ties to the community then he/she is less likely to commit a crime. This act also separated the sentencing for adults and adolescents. Adolescents are tried in different courts along with different punishments compared to adult offenders. If an adolescent commits a crime of seriousness then he/she may be tried as an adult.

Legal Personnel
Legal Personnel in Canada goes from a police officer to a federal judge. A police officer has certain criteria that he/she must follow in order to be a good applicant and option for the job. A Lawyer must attend college and have a Degree to practice law. Along with a lawyer with years of experience a lawyer can grow to become a judge but once chosen you are in for life.

Law Enforcement
In Canada in order to become a considerable candidate for a police officer there a few requirements that need to be followed. The candidate must be 18 years old and a Canadian citizen, there is no official requirement for a college degree but it is helpful in your chances.The candidate must be certified in First Aid and CPR, you also have to pass a series of health and psychological tests. Once the requirements are met, one can proceed to the application stage and compete for a position. Once selected, one is enrolled into a Police academy for further training. Canada would be labelled as a decentralized multiple-coordinated police structure. Canada has police forces at the municipal, provincial, aboriginal federal levels. Each level of police units adhears to its own level of government and to the Canadian Criminal Code.

Corruption in Canada is moderate. Canada is ranked 14 out of 160 countries in the world.

Crime Rates and Public Opinion
Canada shows a decrease in overall crime rate, it is the lowest that it has been for the past 25 years. Murder has decreased overall in Canada, it is 1.85 per 100,000 people. In the Western Provinces there seems to be a higher rate of murder compared to the Eastern Provinces. The province with the highest rate would be Saskatcheuan, which has a 4.1 rate per 100,000 people.The violent crimes in Canada includes attempted murder, simple assault and assault. One out of every eight crimes there is a firearm used.The Drug crimes in Canada sadly have risen 2% Cocaine seems to be the leading factor at 67%, Crystal Meth rose 8&, and Cannabis actually made up 60% of the entire drug offense statistics. The homicide rate in Canada was 594 people in the year 2007, that was 12 less then the year before. Stabbings accounted for 1/3 of it, firearms 1/3, handguns were 2/3. Police also state that one out of every 5 were gang related.

Public Opinion in Canada is that the punishments for crimes aren't severe enough. The people of Canada want the sentence to play a type of deterrence, protect them from the offender and reflect the seriousness of the crime in the actual sentence. A person is to serve one third of their sentence they are allowed parole, Canadians are fond of this if it is a non-violent crime. One the one third of the sentence is served then the inmate is released into a community where they are to serve the rest of the sentence under parole. Parole needs to be more strict according to 65% of Canadians, that way there is no repeat of the crime that was previously committed..

Family Law
Canada's laws on marriage are very simple law to follow, the two people applying for their marriage license must have a valid ID along with the full name of their parents, and the birth place of their parents. If an individual is getting re-married then their needs to be proof of a divorce or annulment, if an individual was once married and their partner is deceased then they need the death certificate. The fees for getting married vary on the Marriage License Issuer.People that allowed to get married in Canada's eyes are same sex couples, cousins and male and female couples ( over the age of 18).

After marriage is an individual is no longer happy they can file for divorce. The person filing for divorce can choose to settle in court or out of court. Out side of the court room the two people getting a divorce have lawyers divide and come to an agreement on assets and child custody. If the divorce is settled in court the person after filing for divorce must submit a financial statement, that list the income of the person and the expenses and money needed to live off. Along with the financial statement can be a request for child custody.After the paperwork is submitted the papers are served to the spouse or the spouse's lawyers, they have thirty days to respond to the statement, if they disagree with the list of needs you have then it goes to a conference. If the two people cannot come to an agreement on financial needs and child custody then it moves on to a trial.The judge decides on what is best for the couple divorcing and the children (if any) involved also.

Adoption is Canada is dependent on which province you live in. Each province has its own set of laws regarding adoption. Even though each province has their own set of laws there is a minimum of four home visits with a social worker and if the parents are adopting with aid from the province and not out of their own pocket then they are required to go to a PRIDE class for nine weeks. The process for adoption is very lengthy and the quickest way to adopt would to go through an agency, but it can be very expensive when doing so.

Social Inequality
Canadians believe that the biggest social inequality is income inequality and the second; access to health care. Depending on what Province an individual lives the social inequality may vary. Studies show that the country is evenly split over this matter. Half believe there is presently greater inequality, and half believe that inequalities have decreased. People who believe that there is inequality are those belonging to the lower earning brackets in Canada, and people who don't see the inequalities belong to families with household income exceeding $80,000 a year.

Human Rights
Canada has it own "Canadian Charter of rights and freedoms" which states what rights Canadians and freedoms they may enjoy. These rights included in the Charter are the fundamental freedoms of speech, thought and association. After the fundamental rights it lists the democratic rights(the right to vote), mobility rights(come and go as you please), legal rights, equality rights (no discrimination under the law) and languistic rights. This Charter was created by the Canadian government in 1982 to ensure the rights of their citizens.

Every citizen in Canada is guaranteed equality. No matter what province or territory, the Federal Government will protect from discrimination. A Canadian Citizen is protected from discrimination based on the following grounds: origin, race, creed, religion, sexual orientation, mental ability and age. The government will protect its citizens in any province where it conducts business in: hospitals, schools, human resource centers and government agencies. The Canadian government goes through numerous checks with restaurants and retail stores to ensure that their citizens' basic rights are not being violated. In Canada every class or category of people are equally protected. Every citizen is guaranteed the same right as everyone else.

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

title: Comparative law and justice/Canada


text: User:BrittanySG

title: User:BrittanySG


text:
Comparative law and justice/Greenland

Part of the Comparative law and justice Wikiversity Project Green-37 20:38, 29 November 2009 (UTC)

Basic Information
Greenland is the world's largest island and has the majority of its land covered in ice. Greenland is 2,166,086 square kilometers, with 410,449 square kilometers ice free and 1,755,637 square kilometers covered completly with ice. Because it is such a large island, Greenland has an expansive 44,087 square kilometer coast line. The climate is Arctic with an average temperature of not more than 10°C in the warmest month.

Despite around 81% of the massive island being ice-capped, it has a total population of 56,194 people as of January 1, 2009. Of this population, 29,809 are male and 26,385 are female. The population density is 0.14 persons per square kilometer in the ice free area. The capital city of Nuuk has the largest population density with 15,105 inhabitants. Of the total population 84% live in urban areas.

The inhabitants of Greenland are known as Greenlanders. Gleenlanders are composed of two different ethnic groups; Greenlanders who are Inuits and Greenland born whites who taken together make up 88% of the population and Danish and others making up 12% of the total population. The median age of the total population is 33.5 years old. Male median age is slightly higher than the total median falling at 34.9 years old. The median age for Greenlandic females is slightly lower than both other medians at 31.9 years old. The age bracket of 0-14 years old represents 23% of the population. The majority, 70.1%, falls into the 15-64 bracket and 6.9% of the population is 65 years old or older.

The official language spoken in Greenland is Greenlandic (or East Inuit) and some inhabitants speak English as well as Danish. The new Coalition Government recognizes that "not all citizens speak Greenlandic. In order to ensure the highest level of involvement from all citizens, it is important to improve access to learning the Greenlandic language. This is to be followed up by an integration policy, which aims at a more effective integration of new citizens. Greenland is not alone in the world. There will therefore still be a need to improve skills in Danish, English and other languages." The official and main religion of the island is Evangelical Lutheran. The Coalition Agreement states that," With a government that is based on holistic thinking, the spiritual life of people is central, thus Naalakkersuisut intends to strengthen the conditions of the church parishes and in this connection will work closely with everyone within the church and the parishes."

Brief History
In the 10th century, Greenland was inhabited by Vikings who had migrated from Iceland. The Danes started to colonize the island during the 18th century and Greenland was eventually,in 1953, made a part of Denmark. Greenland joined the European Community(EU) with Denmark in 1973. However, they withdrew from the EU in 1985 over a dispute concerning stringent fishing quotas. Home rule was granted to Greenland in 1979 by Denmark and was enacted in 1980. Self-government was established on June 21st, 2009.

Economic Development, Health, and Education
Greenland has few main industries with most of them spawned from the country's expansive coastline. The economy relies on a substantial subsidy - about $700 million in 2008-09 - from the Danish Government, which supplies about 60% of government revenues. Employment in the public sector, including publicly-owned enterprises and the municipalities, plays the dominant role in the economy. Fish processing is a large industry in the country, with shrimp and halibut the most popular. Small shipyards litter the coastline and handicrafts as well as hides and skins are sold. Greenland's geography is utilized by several mining industries including gold, niobium, tantalite, uranium, iron and diamonds.

The largest export in Greenland is fish and fish related products comprising 94% of their total exports according to a 2001 estimate. Denmark, Japan, Canada and China are all export partners. The largest imports are machinery and transport equipment, manufactured goods, food, and petroleum products. Greenland is import partners with Denmark, Sweden, Norway and the UK.

Greenland has an infant mortality rate of 10.72 deaths per 1,000 lives births and falls as the 151 in comparison to the world. There is slighty higher male infant mortality rate at 12.26 deaths to every 1,000 live births compared to 9.1 deaths of female infants to every 1,000 live births. Greenlanders total populations life expectenct at birth is 70.07 years. Males life expectancy is slightly lower than females in Greenland. Males can expect to live to be 67.44 on average while females can expect to live up to 72.85 on average.

The minimum working age in Greenland is fifteen and compulsory education ends at age sixteen. Childcare institutions or day-care centers are available throughout Greenland. In the larger towns facilities exist for day-care, nursery, kindergarten and after-school care of children. Cost is determined by parents´ income.After-school teaching and other leisure activities are available for children and young people of between 6 and 19. These centers are open to children during the daytime and also to 15-19 year olds during the evening. Schools are municipal and the responsibility of the Greenland Home Rule government. Schooling is divided into a preparatory year, 8 years of primary education, 2 years continuation, and a final course year of school. School is compulsory for the nine calendar years following the child´s sixth birthday, and most schools can offer nine years of schooling, although not in the settlements. The oldest settlement children are sent to town schools which have boarding facilities or a student residence.High School education is available in three towns: Aasiaat, Nuuk, and Qaqortoq, and takes three years to complete. Graduation gives access to further education in both Greenland and Denmark. Vocational schools offer courses of study similar to training available in other countries. Further education is available at the University of Greenland, and teacher training at Greenland´s Teacher Training College. Both of these institutions are in Nuuk. Cooperation agreements have been signed with Danish and foreign educational institutions so that study can be taken abroad. Greenland has a literacy rate of 100% meaning every male and female over the age of 15 can read and write.

Governance

Greenland is part of the Kingdom of Denmark and acts as a self-governing overseas administrative division of Denmark.It is a parliamentary democracy within a constitutional monarchy. The laws of Denmark and the Danish Constitution apply unless otherwise stated in those documents. The Chief of State since January 14, 1972 is Queen Margrethe II of Denmark who is represented by High Commissioner Soren Moller since April 2005. The monarchy is hereditary while the high commissioner is appointed by the monarch. The head of the government is a Prime Minister who is elected by the Greenlandic Parliament. As of the June 12, 2009 election, the Prime Minister is Kuupik Kleist. The next election is scheduled for 2014. Two representatives were elected to the Danish Parliament or Folketing on November 13, 2007 by general election and the next election for these positions will be held in November 2011. There are six political parties in Greenland. The Siumut is the largest party and was founded in 1977. The oldest party was founded in 1976 and is called the Inuit Atugatigiit. In the late 1970s the Atassut was founded. In 2002 the Demokraatit was created. 2005 brought forth the creation of the Kattussegaitigiit Partiiat and in 2008 the newest political party called the Sorlaat Partiiat was founded.

In 1953 the Danish Constitution was expanded to encompass Greenland. At that point in time Greenland sent two representatives to the Danish Parliment. In 1955 the Ministry of Greenland was established under the Danish Prime Ministers Office. The purpose of the Danish constitution was to give Greenland and Denmark equal footing. In 1960 the Danish Government established the Greenland Committee which aimed to strengthen efforts to make equality more effective. The Danish state would be responsible for the social programs and physical infrastructure. In 1979 Greenland was granted Home Rule.

In 1979 the Greenlandic Parliment and Greenland Government sat for the first time under the Home Rule Act. The Home Rule Act said that the Danish Government has responsibility for foreign policy, defence and security policy, the legal system and monetary policy while the other areas of responsibility fall under the jurisdiction of Greenland Home Rule. The Home Rule Government included Greenland’s internal administration, direct and indirect taxes, the established church, fishing in the territory, hunting, agriculture and reindeer breeding, social welfare, labour market affairs, education and cultural affairs, vocational education, other matters relating to trade, health services, the housing area and protection of the environment. Greenland Home Rule worked closely in coordination and cooperation with the High Commission of Greenland and the Prime Ministers office as well as other Ministrys.

Greenland has a unicameral (one chamber) Parliament or Landstinget (31 seats; members are elected by popular vote on the basis of proportional representation to serve four-year terms) ,Cabinet, municipal councils and two representatives to the Danish Parliment. The Cabinet is divided into nine ministries, each headed by a minister. In the ministries, departments handle the practical administrative work. The ministers are politically responsible for the work of these departments. These ministries include:
 * The Premier’s Office
 * Ministry of Housing, Infrastructure and Transport
 * Ministry of Finance
 * Ministry of Fisheries, Hunting and Agriculture
 * Ministry of Industry and Miniral Resources
 * Ministry of Social Affairs
 * Ministry of Health
 * Ministry of Culture, Education, Research and The Church
 * Ministry of Domestic Affairs, Nature and Environment

In November 2008 a referendum on self government was passed and then ratified by the Danish parliment. Entitled the "Act on Greenland Self-Government", this act was established on June 21, 2009. Under this act, the Danish Parliment asserted that it was "Recognising that the people of Greenland is a people pursuant to international law with the right of self-determination, the Act is based on a wish to foster equality and mutual respect in the partnership between Denmark and Greenland. Accordingly, the Act is based on an agreement between Naalakkersuisut [Greenland Government] and the Danish Government as equal partners." The Act further provides that Greenland will have legislative, executive and judicial power in the fields of responsibility that they have assumed. The legislative power lies with Inatsisartut [Greenland Parliament], the executive power with Naalakkersuisut and judicial powers with the courts of law. The Act further provides two lists of responsibility that may be transfered to the Greenlandic government. The first list may be transferred at points in time determined by the Naalakkersuisut and the second list requires approval and negotiation with the Danish Realm before transfer.Items from the first list include: Items from the second list requiring further approval are: The Greenland government and the Danish realm agreed further that any items not covered by these lists but directly related to the affairs of Greenland may be transferred. These items will be financed by Greenland upon their assumption. Denmark will continue to provide an annual subsidy and revenue from mineral resources will accrue to Greenland. Naalakkersuisut may act in international affairs which exclusively concern Greenland and entirely relate to fields of responsibility taken over by them. Both governments will cooperate on foreign affairs with a view to safeguarding the interests of both groups. This does not however limit the Danish responsibility in foreign and security policy areas. The Naalakkersuisut is required to inform the Danish Government of any negotiations under consideration before these are initiated and of the development of the negotiations before agreements under international law are concluded or terminated. Conversely, the Danish government is required to inform Naalakkersuisut before negotiations are initiated regarding agreements under international law which are importantant to Greenland. In matters which exclusively concern Greenland, the Government may authorize Naalakkersuisut to conduct the negotiations, with the cooperation of the Foreign Service.Further, the Act requires that any Danish bills that will affect Greenland must be submitted to the Naalakkersuisut for comments., Disputes between the two governments are to be settled by a board that consists of two members from each government and three judges from the Supreme Court. Additionally, any further moves towards independence are at the discretion of the Greenlandic people.
 * Industrial injury compensation
 * The remaining areas under the health care area
 * The road traffic area
 * The law of property and obligations
 * The commercial diving area
 * Prison and probation service
 * Police and prosecution service as well as related parts of the administration of criminal justice
 * Administration of justice, including the establishment of courts of law
 * Criminal law, Family Law, Sucession Law,Law of Capacity
 * The aliens area and border controls
 * Passports
 * Law practice
 * The weapons area
 * Radio-based maritime emergency and security services)
 * The radio communications area
 * The company, accounting and auditing area
 * The food and veterinary area
 * Aviation
 * Intellectual property and copyright
 * Shipwreck, wreckage and degradation of depth
 * Security at sea
 * Ship registration and maritime matters
 * Charting
 * The buoyage, lighthouse and pilotage area
 * Marine environment
 * Financial regulation and supervision
 * The mineral resource area
 * The working environment
 * Meteorology

Elections
Voting rights are available for all citizens reaching the age of eighteen.

The Home Rule government is composed of 31 elected representatives. They are elected every four years and the Parliment meets at least twice a year in the spring and autumn. A speaker is appointed by the parliment and has his or her own secratariate. There are numerous permanent committies and the Parliment elects an executive responsible for central administration.

There are 18 local authorities in Greenland that are responsible for local affairs. There are popularly elected district councils who serve for four years and elect a mayor. The District Councils form together to create a national association which takes responsibility for the common interests within the home rule government. Each settlement elects a settlement commitee every four years.

Judicial Review
Judicial branch: High Court or Landsret (appeals can be made to the Ostre Landsret or Eastern Division of the High Court or the highest court in the country, the Supreme Court (Højesteret).

Legal System
The Greenlandic and Danish legal systems are inquisitorial. They are a type of civil law system. Judges have a very active role under this system..

Branches of Law
The law is divided into two branches, public law and civil law. Public law is divided into constitutional law, international law, administrative law, criminal law, and the law of procedure.Civil law regulates reciprocal relations between citizens and between natural persons and legal persons, e.g. companies and institutions. Areas in civil law are the law of contracts and torts, the law of property and the law of capacity, family law and the law of wills and succession.One particular feature of Danish law is that there are not civil codes, but that the civil law rules are found in specific legislation or are established by practice.

Sources of Law
There is a hierarchial system of laws in place. At the apex are Constitutional Acts that regulate the interelationship between government and civil liberties. These Acts can only be changed by special procedure. The next layer is laws or legal precedent that control citizen's actions. Acts in this layer can only be changed or repealed by the passage of a new Act. Case law is used areas where there is no legislation and in found in the next layer. The final layer is made up of customary law. There is also and influence from natural law and from German jurisprudence.

Court System
The courts of Greenland are composed of the High Court of Greenland and 18 magistrates' courts. Magistrates' court decisions are made by a magistrate and two lay judges, none of whom holds a law degree. The magistrates' courts hear all civil and criminal cases. Under certain circumstances, the High Court of Greenland may take over the hearing of a case if it is found to require special legal insight or other expertise. Appeal against a decision made by a magistrates' court lies to the High Court of Greenland. Major cases are, however, brought directly before the High Court of Greenland. Appeal can be made to the High Court of Eastern Denmark. Usually, all cases may be tried in two instances. First in a magistrate's, and then in front of the High Court. Minor cases may only be heard in one instance, by the magistrate's court, without any access to appeal to the High Court. The High Courts serve as courts of original jurisdiction in serious criminal cases, in which 12-person juries are impaneled. Eight votes are needed for conviction in this case. In some non-jury criminal cases, lay judges sit alongside professional judges and have an equal vote. Special courts, so-called undersøgelsesretter (investigative courts), can be established to determine a course of events. In addition to the ordinary courts there are courts which on a permanent basis deal with special areas of law, such as the Maritime and Commercial Court. There is no separate constitutional court.

Legal Personnel
To be admitted to the Master’s degree program, you must have completed a Bachelor’s degree in law.The Bachelor's degree program requires a qualifying examination as well as several specific subject levels and an upper secondary leaving certificate. The Bachelor of Laws education consists of a number of legal science subjects and culminates in an LLB degree. It is a three year program with a defined curricular path. Students must sit for 1st-year examinations prior to the end of the first year and must pass the examinations prior to the end of the second year. All courses require passing of an exam. The Master’s degree in law is a two-year degree program that leads to an LLM degree. As an LLM, you can become employed at the courts and within public prosecution or become qualified to practice as a lawyer after working for three years as a lawyer’s clerk and passing an exam. The judges of the High Court and all judges in Denmark have to get university law degrees in order to even have appointment be considered by the Ministry of Justice. The Constitution makes it so that if a judge works in the courts for over ten years they will automatically be appointed for life or until retirement.

Criminal Law
The age of criminal responsibility is fifteen years old.

Punishment
The Criminal Code describes the penalty applicable for a particular crime and the upper range of its duration. The court then has the opportunity for choosing a penalty within the range. The penalties employed are fines, lenient prison (7-30 days), prison (1 month-16 years or imprisonment for life)and community service orders. Lifetime imprisonment is prescribed for homocide and a few other crimes of equal gravity. In effect most of these lifetime sentences will receive a conditional royal pardon after approximently 12-14 years of imprisonment. Other prison sentences and fines may be suspended with conditions such as probation, payment of damages, and abstaining from drug use. The typical offense will receive a penalty within the lower half of the range for that crime. Certain circumstances may increase the penalty from this lower half of the range. If a particular case incompases more than one criminal act the penalty will be within the range of the most serious offense. There are two types of prisons that are utilized in incarceration. Open prisons are used for the majority of sentences. Closed prisons with stricter rules are used for longer sentences and escape risks.

Law Enforcement
Historically Greenland was considered an independent police district operating under the Danish Ministry of Justice. Within this independent district, there are seventeen police districts under the command of the Chief Constable in Nuuk. The Chief Constable has responsibility for not only routine police work but also holds the position of public prosecuter. Since June of 2009 under the Home Rule Act the law enforcement function is handled by the Legal and Justice Department within the Office Of the Premier. The police in Denmark, in the Faroe Islands and in Greenland constitute one national force, employed directly by the state.This police structure represents a single centralized structure under Bayleys typology. According to the 2009 Corruption Perspective Index (CPI) of Transparency International, Denmark was one of the highest scorers at 9.3. This scores reflect political stability, long-established conflict of interest regulations and solid, functioning public institutions. Law enforcement officers undergo a three year training program. The training includes both classroom and field work at a police academy. To be accepted into the training program applicants must be between 21 and 29 years of age, hold citizenship, and not have any convictions. Additionally, they must be in good physical condition as well as good personal and economic condition. Good grades in school are also required. To advance to the level of chief of police the canidate must hold a masters degree in law. Within the law enforcement structure the police are subdivided into plain clothes criminal investigators, uniformed patrolmen, traffic police officers, immigration police, and other catagories. There is a divide between the state police and military police with the military police only having authority over soldiers.

Crime Rates and Public Opinion
In comparision to the United States, Greenland has a low crime rate; however, the murder rate is far higher. For the year 2006, the U.S. had a percent rate per 1000 households of 25.4 for personal crimes and 160.5 for property crimes. U.S. cities comparably sized to Greenland's population had rates per 1000 of 4.68 for personal crimes and 36.41 for property crimes in 2007. The same rates for Greenland were 9.97 for personal crimes and 28.86 for property crimes.

Family Law
As the supreme administrative authority in Greenland, the High Commissioner is in charge of matters concerning family law, including separations and divorce, adoption, determination of alimony, maintenence to spouse and children, and new surnames. Outside the capital,Nuuk, the local police act on behalf of the High Commissioner. In Nuuk, the High Commissioner is contacted directly. In addition the High Commissioner is in charge of matters concerning supervision of the funds of minors and persons of incompetence, permission to contract marriage where the joint fortunes of spouses in a former marriage has not been divided, granting permission to contract marriage despite status as a minor, matters involving a risk of a child being taken out of the Realm against the wish of one of the custody holders, marriage contracted outside municipalities are carried out locally following authorisation from the High Commissioner.

Adoption
The Danish Adoption (Consolidation) Act outlines the steps to adoption in Denmark however this act does not extend to Greenland except that some of its provisions may be used in Greenland with variations.

Marriage
Both parties must be over the age of 18 to marry. If either party is under the age of 18, permission to marry must be obtained from the prefect of the county where you reside. In 1989, the Danish Parliament approved a law that allows same-sex couples to enter into registered partnerships which provide most of the rights of married couples to same-sex couples, although not allowing them to adopt children.Greenland accepted Denmark 's registered partnership legislation in 1996.

Divorce
The Danish rules governing legal separation and divorce do not apply in full in Greenland. In Greenland attendence is mandatory at a meeting to negotiate the terms for divorce or legal separation, and there must be agreement about custody before a separation or divorce can be granted by the High Commissioner. Agreement must be reached on the following basic conditions before a grant for separation or divorce is issued: After a year of legal separation a couple may be divorced. However, if both parties are in agreement, a divorce may be granted after a six month separation. An immediate divorce can be granted under the following conditions: An application for legal separation/divorce must be filed with the regional state administration. A divorce granted by the regional state administration costs DKK 500 and the fee is non-refundable.
 * The obligation to pay spousal maintenance and for how long.
 * Which spouse is to continue the lease for rented accommodation (including housing association property).
 * Compensation if one of the spouses owns separate property, etc.
 * if one of the parties has committed adultery
 * if the parties have lived apart for two years due to irreconcilable differences
 * violent abuse has been committed
 * one of the joint children has been abducted to a foreign country
 * there has been bigamy.

Human Rights
The Danish Constitution contains several sections that protect human rights that apply also to Greenland. These rights are found in Part VIII of the Constitution and are as follows: § 71 § 72 § 73 § 74 § 75 § 76 § 77 § 78 § 79 § 80 § 81 § 82 § 83 § 84 § 85
 * (1) Personal liberty shall be inviolable. No Danish subject shall, in any manner whatsoever, be deprived of his liberty because of his political or religious convictions or because of his descent.
 * (2) A person shall be deprived of his liberty only where this is warranted by law.
 * (3) Any person who is taken into custody shall be brought before a judge within twenty-four hours. Where the person taken into custody cannot be immediately released, the judge shall decide, in an order to be given as soon as possible and at the latest within three days, stating the grounds, whether the person taken into custody shall be committed to prison; and in cases where he can be released on bail, shall also determine the nature and amount of such bail. This provision maybe departed from by statute as far as Greenland is concerned, if for local considerations such departure may be deemed necessary.
 * (4) The pronouncement of the judge may be separately appealed against at once to a higher court of justice by the person concerned.
 * (5) No person shall be remanded in custody for an offence which can involve only punishment by fine or mitigated imprisonment (hæfte).
 * (6) Outside criminal procedure, the legality of deprivation of liberty not executed by order of a judicial authority, and not warranted by legislation relating to aliens, shall at the request of the person so deprived of his liberty, or the request of any person acting on his behalf, be brought before the ordinary courts of justice or other judicial authority for decision. Rules governing this procedure shall be provided by statute.
 * (7) The persons referred to in sub-section (6) shall be under supervision by a board set up by the Folketing, to which board the persons concerned shall be permitted to apply.
 * The dwelling shall be inviolable. House search, seizure, and examination of letters and other papers, or any breach of the secrecy that shall be observed in postal, telegraph, and telephone matters, shall not take place except under a judicial order, unless particular exception is warranted by statute.
 * (1) The right of property shall be inviolable. No person shall be ordered to surrender his property except where required in the public interest. It shall be done only as provided by statute and against full compensation.
 * (2) Where a Bill has been passed relating to the expropriation of property, one-third of the members of the Folketing may, within three weekdays from the final passing of such Bill, demand that it shallnot be presented for the Royal Assent until new elections to the Folketing have been held and the Bill has again been passed by the Folketing assembling thereafter.
 * (3) Any question of the legality of an act of expropriation, and the amount of compensation, maybe brought before the courts of justice. The hearing of issues relating to the amount of the compensation may by statute by referred to courts of justice established for such purpose.
 * Any restraint on the free and equal access to trade, which is not based on the public interest, shall be abolished by statute.
 * (1) In order to advance the public interest, efforts shall be made to guarantee work for every ablebodied citizen on terms that will secure his existence.
 * (2) Any person unable to support himself or his dependants shall, where no other person is responsible for his or their maintenance, be entitled to receive public assistance, provided that he shall comply with the obligations imposed by statute in such respect.
 * All children of school age shall be entitled to free instruction in primary schools. Parents or guardians making their own arrangements for their children or wards to receive instruction equivalent to the general primary school standard shall not be obliged to have their children or wards taught in a publicly provided school.
 * Any person shall be at liberty to publish his ideas in print, in writing, and in speech, subject to hisbeing held responsible in a court of law. Censorship and other preventive measures shall never again be introduced.
 * (1) Citizens shall, without previous permission, be free to form associations for any lawful purpose.
 * (2) Associations employing violence, or aiming at the attainment of their object by violence, by instigation to violence, or by similar punishable influence on persons holding other views, shall be dissolved by court judgement.
 * (3) No association shall be dissolved by any government measure; but an association may be temporarily prohibited, provided that immediate proceedings be taken for its dissolution.
 * (4) Cases relating to the dissolution of political associations may, without special permission, be brought before the Supreme Court of Justice of the Realm.
 * (5) The legal effects of the dissolution shall be determined by statute.
 * Citizens shall, without previous permission, beat liberty to assemble unarmed. The police shall be entitled to be present at public meetings. Open-air meetings may be prohibited when it is feared that they may constitute a danger to the public peace.
 * In the event of riots the armed forces may not take action, unless attacked, until after the crowd has three times been called upon to disperse in the name of the King and the law and such warning has gone unheeded.
 * Every male person able to bear arms shall be liable with his person to contribute to the defence of his country under such rules as are laid down by statute.
 * The right of municipalities to manage their own affairs independently, under State supervision, shall be laid down by statute.
 * All legislative privileges attaching to nobility, title, and rank shall be abolished.
 * No fiefs, estates tail in land, or estates tail in personal property shall in future be created.
 * The provisions of sections 71, 78, and 79 shall be applicable only to the defence forces, subject to such limitations as are consequential to the provisions of military laws.

The Coalition Agreement poses the Greenland Mission Statement as follows: "Our vision and shared goal is to create a society where everyone is needed and everyone has a place. With determination and hope, we will build a society where we reinforce each other as individuals and as a people. Through dialogue and interaction with the people we will create the foundation for a dignified life where everyone has the opportunity to develop and sustain life through active self-provision. Together with the people and by applying a robust leadership, we will create the framing conditions for a healthy society in transition. With solidarity and equality as our fundamental principles, we will all contribute according to ability and capacity. Accordingly those in need of help will receive support." "The Greenlandic Philosophy of Life is based on the appreciation of the “inter-connectedness of everything and all things” – be it with the human persons’ inseparable physical and spiritual connection with each other, with nature, the natural resources or the universe – a connectedness that reaches far beyond the individual person." "Everyone is born with unique abilities, by which everyone should have the opportunity to develop throughout a life-long learning process. Accordingly, these abilities should at all times and in all circumstances be used to provide for oneself and one’s families. Taking responsibility and exerting influence over one’s own life and actions as well as participating as citizens in the development of a democratic society is a right as well as a duty. All people want the opportunity to provide for themselves and their families, and thus the freedom to unfold their lifes as well as their innovative and creative potentials and interests. All people wish to engage in social communion with others and to contribute positively to those. This human perspective entails a society, where everyone takes part in the community at large as equals and in which there is room for the individual’s capabilities, wishes and needs." "Self Government characterized by solidarity, cooperation and strength shall be created through an open and democratic dialogue. This demands that people are active participants and take their share of responsibility for a societal development that is based on the fundamental belief that all people are equal in dignity and worth. The communal bonds between people shall be strengthened and contribute to a societal development which is based on the Greenlandic culture. Changes must be created by paying due respect to the principles of collective and sustainable management and utilization of all living and non-living resources."

title: Comparative law and justice/Greenland