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Law CRIMINAL JUSTICE SYSTEM-USA AND CHINA 1862-WORDS

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Running head: CRIMINAL JUSTICE SYSTEM-USA AND CHINA 1
Criminal Justice System-USA and China
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Institution
Criminal Justice System of USA and China

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CRIMINAL JUSTICE SYSTEM-USA AND CHINA
2
The criminal procedure law and criminal law of peoples republic of China always applies
to anyone who is accused of committing any crime within China, which includes American
citizens living in China (Sapolsky, 2004). This translates to mean that while residing in China,
Americans do not enjoy the many presumptions and rights, which they are accustomed to under
American justice system.
Some of the presumptions and rights under U.S legal justice system include presumption
of innocence, right of remaining silent, and right to have an attorney. The China criminal justice
system implies that an individual may be detained and held against their will without necessarily
being arrested or allowed to consult with an attorney (Allen, 1987).
Summary Trial System in China
Some criminal cases in China are handled at the local level using a simplified procedure
known as summary trial. Summary trial is an amendment to Criminal Procedure law of 1996
(Wang & Zhou, 2010). The Summary trial applies in the following circumstances:
- Cases tried for first time at the local peoples courts.
- Cases in which potential maximum sentence is at most three years of a fixed
imprisonment, control or detention. The people’s procurator ate agrees on applying the
proposed summary.
- The victim had reported the particular loss to police.
- The crime is not a major criminal case and has confirmed evidence
Federal district courts in U.S
The district courts in U.S may at times be compared to Summary trial courts in China though
with some differences. Federal district courts usually have jurisdiction over (Zelden, 1993).

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CRIMINAL JUSTICE SYSTEM-USA AND CHINA
3
- Trials and cases involving interpreting the federal law
- Federal crimes or statutes
- Cases subjected to jurisdiction in the state trial court and are between litigants from
different states.
- Some of the civil cases under federal district courts include divorce cases, felony, election
controversies, and other civil matters.
A major difference in the two systems is that the prosecutor is not mandated to appear in court
during a trial in the China Summary system while in U.S, for minor criminal trials, the people’s
prosecutor is mandated to appear in the trial in order to support prosecution (Zelden, 1993).
The Sentencing process
In the U.S, the sentencing and the guilty or not guilty verdict are two different and
separate processes. Verdict is reached solely through a jury that consists of 12 people that have
been selected randomly from eligible population. Once a person is convicted, the judge usually
decides the period of sentence in accordance with the sentencing guidelines (Zelden, 1993).
However, in China, the collegiate bench makes the verdict and sentencing. This bench
consists of judges and the people’s jurors with number of members in the bench varying
depending on the levels of courts (Wang & Zhou, 2010). However, an odd number is necessary
in order to guarantee majority verdict in case of any disagreements.
Another difference is in the roles played by judges in criminal courts. According to the
Chinese system in Article 158, the collegiate bench has a right to investigate any evidence if it
has doubts on the eligibility of evidence. However, in the U.S, the judges do not have any right
of obtaining any new evidence (Zelden, 1993).
In United States, the evidence used in a criminal court should be relevant, impartial and
admissible. In China, there is not any provision for uniform Evidence Act. Criminal Procedure
law states that only the evidence confirmed true should be used in the court. The system does not

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