Adversarial versus Inquisitorial Justice PDF Download
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Author: Peter J. van Koppen
Publisher: Springer Science & Business Media
ISBN: 1441991964
Category : Psychology
Languages : en
Pages : 437
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Book Description
This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. The book is written for advanced audiences in psychology and law.
Author: Peter J. van Koppen
Publisher: Springer Science & Business Media
ISBN: 1441991964
Category : Psychology
Languages : en
Pages : 437
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Book Description
This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. The book is written for advanced audiences in psychology and law.
Author: Mireille Delmas-Marty
Publisher: Cambridge University Press
ISBN: 9780521591102
Category : Law
Languages : en
Pages : 840
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Book Description
Revised by Elena Ricci
Author: Richard Vogler
Publisher: Routledge
ISBN: 135196139X
Category : Law
Languages : en
Pages : 347
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Book Description
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.
Author: Theodore L. Kubicek
Publisher: Algora Publishing
ISBN: 0875865291
Category : Law
Languages : en
Pages : 222
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Book Description
Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.
Author: Theo Gavrielides
Publisher: Springer Nature
ISBN: 303074874X
Category : Social Science
Languages : en
Pages : 365
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Book Description
This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.
Author: Robert A. KAGAN
Publisher: Harvard University Press
ISBN: 0674039270
Category : Law
Languages : en
Pages : 353
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Book Description
Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
Author: Kai Ambos
Publisher: Oxford University Press
ISBN: 0199665613
Category : Law
Languages : en
Pages : 832
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Book Description
Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This third volume offers a comprehensive analysis of the procedures and implementation of international law by international criminal tribunals and the International Criminal Court. Through analysis of the framework of international criminal procedure, the author considers each stage in the process of proceedings before the ICC, including the role of legal participants, the scope of jurisdiction, and the enforcement of sentences.
Author: Jacqueline E. Ross
Publisher: Edward Elgar Publishing
ISBN: 1781007195
Category : Law
Languages : en
Pages : 576
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Book Description
This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.
Author: Kris Goethals
Publisher: Springer
ISBN: 3319746642
Category : Medical
Languages : en
Pages : 351
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Book Description
This study guide aims to make European trainees in forensic psychiatry and psychology and young forensic psychiatrists and psychologists aware of the differences and commonalities in forensic psychiatry and psychology in different countries within Europe and to enable them to learn from the approaches adopted in each country. The guide is divided into five main sections that address legal frameworks, service provision and frameworks, mandatory skills, teaching and training in forensic psychiatry and psychology, and capita selecta. In addition, recommendations are made with respect to the practice of teaching and training across European countries. It is anticipated that the guide will provide an excellent means of improving specific skills and that, by learning about the offender/patient pathways in the different jurisdictions of Europe, the reader will gain a deeper understanding of the principles that govern methods and practices in their own work with mentally disordered offenders.
Author: Floyd Feeney
Publisher: Brill Nijhoff
ISBN: 9781571053480
Category : Criminal justice, Administration of
Languages : en
Pages : 0
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Book Description
Building on the emerging principle that no organism as complex as a criminal justice system can be well understood solely through an analysis of one or two features, the book introduces the unique perspective of a new, more holistic, case-oriented method of comparison. Using California as the model for the adversarial system and Germany as the model for the inquisitorial system, it seeks to add a new dimension to the comparative study of criminal justice. The basic idea is contained in the title, 'One Case-Two Systems'. Containing the first ever side-by-side portrayals of full American and German trials, the book views a single case through two separate lenses -- one American, one German. Returning home unexpectedly from a vacation in the country, an elderly man interrupts a night time burglary in his own house and is attacked as the burglar tries to escape. By portraying an ordinary crime -- a burglary that turns into a robbery -- rather than a dramatic, high-profile murder, the book provides a detailed, working picture of the two systems and the contrasts between them. Allowing the reader to observe and compare the formal steps that cases go through in the two systems, it brings the work of the police, the prosecution, the defense, and the courts to life -- by giving thoughts and reasons as well as actions. Even the most critical documents are included. Designed to illustrate the most important differences between the two systems, the country chapters first portray the California investigation and prosecution and then take the same case through the German system. Investigation, arrest, detention, charging, lawyer discussions and negotiations, the defense attorney-defendant relationship, court hearings, the witnesses' testimony, and the court's rulings -- all are included. Comparative comments follow -- first from a German and then from an American point of view. Often seeing eye-to-eye but sometimes diverging sharply, the two sets of comments focus on the critical issues depicted in the country chapters -- seeking to explain the similarities, differences, and peculiarities of the two systems.
