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 : 548
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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 : 548
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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: Theodore L. Kubicek
Publisher: Algora Publishing
ISBN: 0875865275
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: 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: 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: Jacqueline E. Ross
Publisher: Edward Elgar Publishing
ISBN: 1781007195
Category : Law
Languages : en
Pages : 568
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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: Michael King
Publisher: Federation Press
ISBN: 1760020222
Category : Law
Languages : en
Pages : 353
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Book Description
This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United Kingdom. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.
Author: Phil Fennell
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 430
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Book Description
The theme of this book is the developing influence of European law and European integration on the criminal justice systems of the Netherlands and England and Wales. It examines the different responses adopted in the two jurisdictions to current problems in criminal justice, against the background of European law. The topics included in this original study include: the influence of the European Convention on Human Rights; the influence of European Community law; the influence of treaties concerning criminal justice co-operation between the two systems; and, finally, the extent to which supranational mechanisms of criminal justice are developing in the wake of European integration.
Author: David Carson
Publisher: John Wiley & Sons
ISBN: 9780470059623
Category : Psychology
Languages : en
Pages : 328
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Book Description
Few things should go together better than psychology and law - and few things are getting together less successfully. Edited by four psychologists and a lawyer, and drawing on contributions from Europe, the USA and Australia, Applying Psychology to Criminal Justice argues that psychology should be applied more widely within the criminal justice system. Contributors develop the case for successfully applying psychology to justice by providing a rich range of applicable examples for development now and in the future. Readers are encouraged to challenge the limited ambition and imagination of psychology and law by examining how insights in areas such as offender cognition and decision-making under pressure might inform future investigation and analysis.
