A World View of Criminal Justice

Front Cover
Routledge, Mar 2, 2017 - Law - 344 pages
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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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Contents

Preface
A ThreeDimensional World View
THE INQUISITORIAL TRADITION
The European Inquisitorial Tradition
The French Revolution in Criminal Justice
InquisitionProcess in the 20th Century
Maoism and the Chinese Inquisitorial Tradition
Theocratic Inquisitoriality
Adversariality and the Collapse of ªSocialist Legality
THE POPULAR JUSTICE TRADITION
Origins of the English Jury
Juries Originating in the British Overseas Empire
The European Jury
Village Courts and Popular Tribunals
Criminal Justice Reform
Bibliography

THE ADVERSARIAL TRADITION
The AngloAmerican Adversarial Tradition
Adversariality in Europe and Latin America

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About the author (2017)

Richard Vogler is Senior Lecturer in the Sussex Law School at the University of Sussex, UK.

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