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

5
CHARGING AND PROTECTING
The third task of a criminal procedural system is formally to charge a defendant so that he may respond to the state's accusation and to give him some means of protecting himself from abuse of the process by his accusers. Without intending to cover all those procedures regarded by Americans as necessary for fairness ("due process"), I have listed eight protections which are regarded by many as fundamental. These are:
protections against prolonged and unnecessary pretrial detention;
protections from illegal searches and seizures;
notice given to defendant of the charges and evidence against him;
right of counsel and other measures to afford defendant the means of defending himself properly;
protections against coerced self-incrimination;
protections from secret (non-public) adjudication proceedings carried on by officials without public participation;
protections against repeated prosecutions and punishments for the same offense; and
measures to enable defendant to appeal and obtain review of arbitrary and unjust decisions to higher, and presumably more impartial, authorities.

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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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