NCJ Number
61646
Journal
Police Chief Volume: 46 Issue: 9 Dated: (SEPTEMBER 1979) Pages: 53-55
Date Published
1979
Length
3 pages
Annotation
FOCUSING ON DIFFERENCES BETWEEN THE CRIMINAL JUSTICE SYSTEM IN TAIWAN AND THE U.S., A POLICE OFFICER EXAMINES TAIWAN'S GOVERNMENT STRUCTURE, JUDICIAL PROCESS, CRIME RATES, POLICE PROFESSION, AND INVESTIGATIONS BUREAU.
Abstract
TAIWAN'S CONSTITUTION, PROMULGATED IN 1947, IS DIVIDED INTO 5 YUANS, OR BRANCHES. THE JUDICIAL YUAN INTERPRETS THE CONSTITUTION AND OVERSEES ALL COURTS; CHIEF JUSTICES HEAR CRIMINAL CASES ONLY ON APPEALS. COURTS OF FIRST INSTANCE HAVE INITIAL JURISDICTION AND ARE LOCAL, WHILE COURTS OF SECOND INSTANCE ARE COUNTY-BASED AND HAVE INITIAL OR APPELLATE JURISDICTION. BOTH ARE ADMINISTERED BY THE EXECUTIVE YUAN. ALTHOUGH TAIWAN HAS THE WORLD'S HIGHEST POPULATION DENSITY, ITS CRIME AND RECIDIVISM RATES ARE VERY LOW BY WESTERN STANDARDS. TAIPEI, THE LARGEST CITY WITH A POPULATION OF 2 MILLION, REPORTS FEW ASSAULTS, RAPES, OR BANK ROBBERIES; LARCENY AND TRAFFIC PROBLEMS RESULT IN MOST POLICE ACTIVITY. TRADITIONAL RESPECT FOR FAMILY AND AUTHORITY, SELF-DISCIPLINE, AND AN ABSENCE OF GLORIFICATION OF CRIMINALS ARE THE CHIEF FACTORS BRINGING ABOUT A LOW CRIME RATE. ALSO, SPEEDY TRIALS AND FEWER LIMITATIONS ON POLICE SEARCHES, SEIZURES, AND INTERROGATION FURTHER ENHANCE CRIMINAL JUSTICE EFFECTIVENESS. HOWEVER, NATIONALIST CHINESE ENJOY COMPARATIVE CIVIL RIGHTS PROTECTION, AND POLICE ARE HELD STRICTLY ACCOUNTABLE FOR THEIR ACTIONS. THE DEATH PENALTY IS LEGAL BUT SELDOM ENFORCED, WITH THE EMPHASIS PLACED ON REHABILITATION OF CRIMINALS. POLICE ARE WELL TRAINED, WELL PAID, AND RECEIVE MANY FRINGE BENEFITS. TAIWAN ALSO MAINTAINS A CENTRAL INVESTIGATIONS BUREAU SIMILAR TO THE FBI. NO REFERENCES ARE INCLUDED. (PAP)