Adversarial versus Inquisitorial Justice

Adversarial versus Inquisitorial Justice
Author: Peter J. van Koppen
Publisher: Springer Science & Business Media
Total Pages: 548
Release: 2012-12-06
Genre: Psychology
ISBN: 1441991964

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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.

European Criminal Procedures

European Criminal Procedures
Author: Mireille Delmas-Marty
Publisher: Cambridge University Press
Total Pages: 840
Release: 2002-10-17
Genre: Law
ISBN: 9780521591102

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Revised by Elena Ricci

The Right to Be Present at Trial in International Criminal Law

The Right to Be Present at Trial in International Criminal Law
Author: Caleb H. Wheeler
Publisher: BRILL
Total Pages: 333
Release: 2018-10-18
Genre: Law
ISBN: 9004376860

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In The Right to Be Present at Trial in International Criminal Law Caleb H. Wheeler analyses how the right to be present is understood by international criminal courts and tribunals in the context of the right to a fair trial.

A World View of Criminal Justice

A World View of Criminal Justice
Author: Richard Vogler
Publisher: Routledge
Total Pages: 347
Release: 2017-03-02
Genre: Law
ISBN: 135196139X

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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.

Comparative Restorative Justice

Comparative Restorative Justice
Author: Theo Gavrielides
Publisher: Springer Nature
Total Pages: 365
Release: 2021-09-20
Genre: Social Science
ISBN: 303074874X

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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.

Forensic Psychiatry and Psychology in Europe

Forensic Psychiatry and Psychology in Europe
Author: Kris Goethals
Publisher: Springer
Total Pages: 346
Release: 2018-05-30
Genre: Medical
ISBN: 3319746642

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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.

The Origins of Adversary Criminal Trial

The Origins of Adversary Criminal Trial
Author: John H. Langbein
Publisher: Oxford University Press, USA
Total Pages: 378
Release: 2003
Genre: Law
ISBN: 0199258880

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The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.

Adversarial Legalism

Adversarial Legalism
Author: Robert A. KAGAN
Publisher: Harvard University Press
Total Pages: 353
Release: 2009-06-30
Genre: Law
ISBN: 0674039270

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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.

Adversarial Justice

Adversarial Justice
Author: Theodore L. Kubicek
Publisher: Algora Publishing
Total Pages: 222
Release: 2006
Genre: Law
ISBN: 0875865291

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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.