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

2
THE ANALYTICAL MODEL: THE MORPHOLOGY OF CRIMINAL PROCEDURE

In this chapter I intend to present an analytical model of modern criminal procedure which will aid in the explanation and comparison of the procedures in criminal cases in all parts of the world, regardless of culture or political orientation. I believe the time has come to begin pointing out the similarities and commonalities of these procedures rather than their differences. In subsequent chapters I plan to apply this analytical model to the criminal procedures of four nations-- France, the Soviet Union, the People's Republic of China, and the United States of America--in order to see how much they resemble one another in the functions they perform and in the manner they are carried out in actual practice.

After describing the structural functional model, I offer a historical explanation of how the modern structure of criminal procedure developed and of two opposing methods of seeking justice and of controlling private and public harms which have guided the uneven course of this development not only in the West but also in great Eastern civilizations, such as China.

Although comparisons of criminal procedures in different nations have been done before, these comparisons have usually been of specific procedures, such as the law of arrest and detention, searches and seizures, discovery, exclusionary rules, and so forth, and moreover they have emphasized differences rather than similarities. 1 It is always good

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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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