A World View of Criminal Justice

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Ashgate, 2005 - Law - 330 pages
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Criminal justice procedure is the bedrock of human rights. Surprisingly though, criminal procedure is largely ignored or dismissed as technical and unimportant. In an era of unprecedented change in criminal justice around the world, our 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'.

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