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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.
Richard Vogler is Senior Lecturer in the Sussex Law School at the University of Sussex, UK.
Contents: Preface; Understanding criminal process: a three-dimensional world view. Part I The Inquisitorial Tradition: The European inquisitorial tradition; The French revolution in criminal justice; Regimes of terror: inquisition-process in the 20th Century; Maoism and the Chinese inquisitorial tradition; Islamic criminal justice: theocratic inquisitoriality. Part II The Adversarial Tradition: The Anglo-American adversarial tradition; The great due process revolution: adversariality in Europe and Latin America; Adversariality and the collapse of 'Socialist Legality'. Part III The Popular Justice Tradition: Origins of the English jury; Juries originating in the British overseas empire; The European Jury; Direct popular participation: village courts and popular tribunals; Criminal justice reform; Bibliography; Index.
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- ID: 9780754624677
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