Comparative Approaches to Criminal Procedure
Abstrak
This chapter discusses comparative approaches to criminal procedure, focusing on transplants, translations, and adversarial-model reforms in European criminal process. In particular, it examines the idea of “Americanization/adversarialization” of European criminal procedures—that is, the possible convergence between American common law and European civil law criminal procedure systems toward a common adversary core structure. The chapter also considers the implications of transplanting some American adversarial features into the non-adversary European soil, such as pretrial investigations conducted by the police and the public prosecutor in lieu of the investigating judge typical of the civilian tradition; exclusionary rules; cross-examination; and jury trial. It compares the so-called tango justice with rumba justice and analyzes the “revolutionary change of procedure” with respect to cross-examination of witnesses, jury trial in Spain, and plea bargaining in Europe.
Topik & Kata Kunci
Penulis (1)
Eliabetta Grande
Akses Cepat
PDF tidak tersedia langsung
Cek di sumber asli →- Tahun Terbit
- 2019
- Bahasa
- en
- Total Sitasi
- 3×
- Sumber Database
- Semantic Scholar
- DOI
- 10.1093/oxfordhb/9780190659837.013.4
- Akses
- Open Access ✓