The Structure of Criminal Procedure: Laws and Practice of France, the Soviet Union, China, and the United States

By Barton L. Ingraham | Go to book overview

I
OPENING REMARKS

Comparison is the only method for understanding the range of variation in phenomena of a particular type, as well as noting what is common to all of them. 1 It is the first step in theory building. 2 Ideally, in order to achieve this knowledge of the full range of exhibited variation, one should study and compare all known members of a species; 3 but, frequently, that is impractical and one is constrained merely to examine selected members who are known in advance to reveal very different characteristics.

In this search for an underlying structure in modern criminal procedure, I have chosen four modern societies which differ substantially from one another in their cultures and in their political and legal perspectives. Two are "Western" democracies--France and the United States--but, while sharing certain general cultural and legal traditions, they differ from one another in the manner in which cases are processed through the courts, the former using "inquisitorial" methods while the latter uses adversarial methods. 4 The other two--the Soviet Union and the People's Republic of China--share a common political philosophy (Marxist socialism) but have very different cultural traditions and perspectives toward law. Although there has been some borrowing and diffusion, the cultures of all four nations are significantly different although perhaps not as different from one another as they might be from some developing nations of the Third World. 5

-3-

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The Structure of Criminal Procedure: Laws and Practice of France, the Soviet Union, China, and the United States
Table of contents

Table of contents

  • Recent Titles in Contributions in Criminology and Penology ii
  • Title Page iii
  • Contents vii
  • Foreword ix
  • Acknowledgments xv
  • Abbreviations xvii
  • I - Introduction 1
  • I - Opening Remarks 3
  • 2 - The Analytical Model: The Morphology of Criminal Procedure 19
  • II - Use of the Model in the Comparison of Four Modern Procedural Systems 35
  • 3 - Intake 37
  • 4 - Screening 47
  • 5 - Charging and Protecting 61
  • 6 - Adjudication 85
  • 7 - Sanctioning 97
  • 8 Appeal 115
  • 9: Uses of the Analytical Model 117
  • Notes 125
  • Bibliography 173
  • Index to Cases Cited 185
  • Subject Index 189
  • About the Author 197
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