The

two Countries that I chose to compare with the United States are South Africa
and Ghana, within my paper I will be comparing and contrasting the three,
Ghana is located in West Africa and we have South Africa, yet their systems in which
they operate within the Court system, Policing, Corrections and Investigative
agencies have similarities and also deferences, The Republic of Ghana inherited the
English common law tradition ( For example, the principle of stare decisis was
maintained so that judicial decisions would be based on legal precedent from the
time when Ghana was a British dependent).
The court structure and general legal procedures reflect the English method of law.
procedures reflect the English method of law. The Independence Constitution
provides for writs of Habeas Corpus and the
Independence of the judiciary. Ghana has an adversarial system of criminal
justice in which the offender is presumed innocent until proven guilty. However,
persons who caught them in the act, which tends to eliminate the element of
suspicion, accompany most offenders brought to the attention of the police.
The informal criminal justice system that has existed in the more rural towns and
villages has survived both the colonial administration and post-independence
administration. During the colonial era, the colonial governors allowed traditional
chiefs and rulers to administer justice based on African customary laws, so long as
the laws did not violate English laws and values (Danquah, 1928; Harvey, 1966;
Daniels, 1964).
Today, traditional chiefs and elders are allowed to try criminal matters in the rural
villages. These village courts may be used by a chief or elder to dispose of felony

crimes (e.g. aggravated assault, robbery, burglary, stealing), without drawing a

penalty from the government in Accra.
3. History of Criminal Justice System.
Ghana was originally known as Gold Coast, due to its gold resources. Ghana attained
its current name in 1957 when it ceased to be a British Dependency. As a result of
207 years of British domination, from the British Royal African Company
administration (1750-1842) to Britain's direct control of the territory (1843-1957),
the English legal system permeated every aspect of the social, political, and
economic life of the Ghanaian people. Between 1843 and 1925, a British governor
and an all-European executive and legislative council made laws for the people of
Ghana. During this period, all the laws of Ghana were based on the English legal
system and English normative standards (Ellis, 1971; GoldSchmidt, 1981; Kaplan,
McLaughlin, Marvin, Moeller, Nelson, and Whiteker, 1971).
In 1853, an ordinance created courts to handle criminal and civil issues. In 1892, a
criminal code was introduced in Ghana. The Criminal Code had originally been
drafted in 1877, and was based on the English criminal code and common law
tradition (Ellis, 1971; Kaplan et al, 1971; Daniels, 1964; Rubin and Murray, 1966).
When Gold Coast became the independent state of Ghana on March 6, 1957, the
Independence Constitution created a National Assembly to act as the main law-
making body for Ghana. The National Assembly replaced the colonial legislative
assembly
South African criminal courts operate on an adversarial system which means that
there will always be two opposing parties litigating, with the magistrate or judge

sitting as neutral arbitrator or umpire. The District and Regional courts are
presided over by Magistrates and the High Courts by Judges. District and
Regional Courts are where most cases are heard, so we have begun with these
lower courts. District Courts are the lowest courts and hear less serious cases,
for example drug cases, theft, drunken driving and/or assault. These courts may
impose a maximum sentence of 3 years imprisonment or R 60 000 fine per count
(unless a specific law says otherwise). They can also only hear cases within the
local magistrates jurisdiction, usually within the geographical boundaries of the
local city or town. Regional Courts
These courts hear more serious cases such as Rape, Robbery, Housebreaking,
Kidnapping and Corruption. These courts may impose a maximum sentence of
up to 15 years imprisonment or R300 000 fine per count. Their geographic
jurisdiction is usually limited to the province in which they are situated and / or in
which the crime was committed. The High Courts
The High Courts hear only very serious cases such as pre-meditated murder,
serial crimes, serious commercial crimes and politically motivated serious crime.
They have no limits regarding sentence and can hear a case from anywhere in
South Africa but for practical purposes tend to only hear those within their
provincial jurisdiction. The Constitution and the NPA Act provide the prosecuting
authority with the power to institute criminal proceedings on behalf of the State
and to perform the necessary tasks in support of this function. This includes
supporting the investigation of a case, or discontinuing criminal proceedings

where necessary. Unlike many other countries in which there is an obligation to

prosecute once a case has been made, in South Africa the NPA has the
discretionary power to decide whether to prosecute or not.
The NPA falls under the Department of Justice but also has its own
independence. The National Director of Public Prosecutions heads it and each
province has its own Director of Public Prosecutions who is responsible for the
management of prosecutions in their own particular province. Most local offices
will have a Senior Public Prosecutor or a Control Prosecutor in charge of that
office. The prosecutor is the attorney for the State and represents the victim or
claimant in criminal cases. South African Police Service (2006) Annual Report
2005/2006. Pretoria: South African Police Service at 62.
The U.S. Constitution establishes a federal system of government. The constitution gives
specific powers to the federal (national) government. All power not delegated to the
federal government remains with the states. Each of the 50 states has its own state
constitution, governmental structure, legal codes, and judiciary.
The U.S. Constitution establishes the judicial branch of the federal government and
specifies the authority of the federal courts. Federal courts have exclusive jurisdiction
only over certain types of cases, such as cases involving federal laws, controversies
between states, and cases involving foreign governments. In certain other areas federal
courts share jurisdiction with state courts. For example, both federal and state courts may
decide cases involving parties who live in different states. State courts have exclusive
jurisdiction over the vast majority of cases.

Parties have a right to trial by jury in all criminal and most civil cases. A jury usually
consists of a panel of _2 citizens who hear the evidence and apply the law stated by the
judge to reach a decision based on the facts as the jury has determined them from the
evidence at trial. However, most legal disputes in the United States are resolved before a
case reaches a jury. They are resolved by legal motion or settlement, not by trial.
The United States Has a Federal Court System and a State Court System. In the United
States you have two types of legal and court systems and thats the State court and
the Federal Court, there are jurisdictions which refers to the kind of cases court is
authorized to hear, Federal courts operates and are under the U.S Constitution by
Congress to decide disputes involving Constitution and laws passed by Congress.
State and local courts are established by a state where by within the state there are
local courts that deals with cities, counties and other municipalities, which are
included in state courts.
http://www.fjc.gov/public/pdf.nsf/lookup/U.S._Legal_System_English07.pdf/$file/
U.S._Legal_System_English07.pdf
In Ghana the National police force is responsible for enforcing a single set of laws
throughout the entire country, which isnt done in the United States, National police
forces are also found throughout the African continent, Policing in Ghana is
organized into two groupings under the Inspector General of Police administration
and operation, actual implementation of policing duties is provided under regional
command structure with Ghana being divided into 12 police regions Under each
region they have a Regional Commander and they have divisions divided into
districts. In South Africa the objects of the police service are to prevent, combat and

investigate crime, to maintain public order, to protect and secure the inhabitants of
the Republic and their property, and to uphold and enforce the law. Ordinary
members of the South African Police are Subject to the Constitution and with due
regard to the fundamental rights of every person, a member may exercise such
powers and shall perform such duties and functions as are by law conferred on or
assigned to a police official.
Court

Policing/law

Corrections

enforcement

Investigative
agencies