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

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

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

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

Synopsis

"A model is developed for analyzing criminal procedure across nations and cultures, and applied to the U.S., France, the U.S.S.R. and China. The model envisions common functions of arrest and detention, screening, charging and defending, trial, sanctioning and appeal. The comparison reveals significant differences between inquisitorial and adversarial systems, including the extent of court authority to control other criminal justice agencies, the defendant's role in the proceedings, and the court's role in the proceedings. Differences between noncommunist and communist inquisitorial systems involve personnel who perform each function, degrees of public participation, and the educative-rehabilitative function of the criminal justice process." Criminal Justice Abstracts

Excerpt

Criminal procedure, faithful handmaiden of criminal law, is often dreaded by students who regard it solely as a collection of forbidding provisions. The complexity and minutiae of its rules discourage comparative research by specialists, who often remain on the level of the purely technical, which in no way facilitates an in-depth understanding of the subject matter. How often writers take delight in ridiculing its quibbles and its quibblers!

However, "the code of honest people," as some have called the code of criminal procedure, in contrast to the penal code made for criminals, deserves a more just appreciation. It is one of Professor Ingraham's achievements to have elevated criminal procedure by providing it with a conceptual framework which makes it possible to take a view of the whole of this domain and to restore to its study the scientific temper which people tend to misunderstand.

Having posed as his hypothesis that there is a fundamental underlying structure to every procedural system and having created an analytical grid which takes account of the different tasks of criminal procedure, the author undertakes to test this model by comparing the criminal procedures of four nations which are notably different from one another and are representatives of major legal systems. What better test could one imagine?

I would like to mention here the essential points of the author's . . .

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.