A World View of Criminal Justice
Criminal justice procedure is the bedrock of human rights. Surprisingly, however, in an era of unprecedented change in criminal justice around the world, it is often dismissed as technical and unimportant. This failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. Current US political domination, for example, has produced a historic and global shift towards more adversarial procedure, which is widely misunderstood and inconsistently implemented. This book addresses such issues by bringing together a huge range of historical and contemporary research on criminal justice in Europe, Asia, Africa, Australasia and the Americas. It proposes a theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'. This approach opens up the possibility of assessing criminal justice from a more objective standpoint, as well as providing a sourcebook for comparative study and practical reform around the world.
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The European Inquisitorial Tradition
The French Revolution in Criminal Justice
InquisitionProcess in the 20th Century
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19th century According accused adopted adversarial Africa amongst argued assessors authoritarian authority Beattie bureaucratic campaign Cheka cited in ibid Code Louis colonial common law concept Constitution continental counsel courts crime criminal justice system criminal law criminal procedural code criminal trial Damaska defence domination due process England English Esmein established Europe European evidence examining magistrate France French gacaca German Hostettler ibid ICTY influence inquisition-process inquisitorial inquisitorial system institutions investigation Islamic judgement judges judicial judiciary jurisdiction jurors jury trial Kucherov Kusha Langbein lawyers legislation Leng and Chiu Lippman Nazi NKVD offences officials organised party penal period police political popular justice popular participation practice pre-trial presumption of innocence prisoners process rights procuracy professional proposed prosecution prosecutor provisions punishment qadi radical reform regime represented revolution revolutionary role Roman-canon rules Russian Schoffen shari'a significant social Solomon Soviet torture tradition tribunals Volksgerichtshof witnesses youth brigades