Author : Peter J. van Koppen
Publisher : Springer Science & Business Media
Page : 548 pages
File Size : 16,22 MB
Release : 2012-12-06
Category : Psychology
ISBN : 1441991964
This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. The book is written for advanced audiences in psychology and law.
Author : Mireille Delmas-Marty
Publisher : Cambridge University Press
Page : 840 pages
File Size : 45,77 MB
Release : 2002-10-17
Category : Law
ISBN : 9780521591102
Revised by Elena Ricci
Author : Richard Vogler
Publisher : Routledge
Page : 347 pages
File Size : 49,16 MB
Release : 2017-03-02
Category : Law
ISBN : 135196139X
Criminal justice procedure is the bedrock of human rights. Surprisingly, however, in an era of unprecedented change in criminal justice around the world, it is often dismissed as technical and unimportant. This failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. Current US political domination, for example, has produced a historic and global shift towards more adversarial procedure, which is widely misunderstood and inconsistently implemented. This book addresses such issues by bringing together a huge range of historical and contemporary research on criminal justice in Europe, Asia, Africa, Australasia and the Americas. It proposes a theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'. This approach opens up the possibility of assessing criminal justice from a more objective standpoint, as well as providing a sourcebook for comparative study and practical reform around the world.
Author : Theodore L. Kubicek
Publisher : Algora Publishing
Page : 222 pages
File Size : 40,11 MB
Release : 2006
Category : Law
ISBN : 0875865275
Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.
Author : Theo Gavrielides
Publisher : Springer Nature
Page : 365 pages
File Size : 15,21 MB
Release : 2021-09-20
Category : Social Science
ISBN : 303074874X
This edited collection introduces and defines the concept of “comparative restorative justice”, putting it in the context of power relations and inequality. It aims to compare the implementation and theoretical development of restorative justice internationally for research, policy and practice. In Part I, this volume compares practices in relation to the implementing environment - be that cultural, political, or societal. Part II looks at obstacles and enablers in relation to the criminal justice system, and considers whether inquisitorial versus adversarial jurisdictions have impact on how restorative justice is regulated and implemented. Finally, Part III compares the reasons that drive governments, regional bodies, and practitioners to implement restorative justice, and whether these impetuses impact on ultimate delivery. Featuring fifteen original chapters from diverse authors and practitioners, this will serve as a key resource for those working in social justice or those seeking to understand and implement the tenets of restorative justice comparatively.
Author : Kris Goethals
Publisher : Springer
Page : 346 pages
File Size : 35,50 MB
Release : 2018-05-30
Category : Medical
ISBN : 3319746642
This study guide aims to make European trainees in forensic psychiatry and psychology and young forensic psychiatrists and psychologists aware of the differences and commonalities in forensic psychiatry and psychology in different countries within Europe and to enable them to learn from the approaches adopted in each country. The guide is divided into five main sections that address legal frameworks, service provision and frameworks, mandatory skills, teaching and training in forensic psychiatry and psychology, and capita selecta. In addition, recommendations are made with respect to the practice of teaching and training across European countries. It is anticipated that the guide will provide an excellent means of improving specific skills and that, by learning about the offender/patient pathways in the different jurisdictions of Europe, the reader will gain a deeper understanding of the principles that govern methods and practices in their own work with mentally disordered offenders.
Author : Jacqueline E. Ross
Publisher : Edward Elgar Publishing
Page : 568 pages
File Size : 46,29 MB
Release : 2016-06-24
Category : Law
ISBN : 1781007195
This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.
Author : Robert A. KAGAN
Publisher : Harvard University Press
Page : 353 pages
File Size : 24,9 MB
Release : 2009-06-30
Category : Law
ISBN : 0674039270
Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.
Author : Jonathan Doak
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 50,89 MB
Release : 2008-04-29
Category : Law
ISBN : 1847314244
In recent times, the idea of 'victims' rights' has come to feature prominently in political, criminological and legal discourse, as well as being subject to regular media comment. The concept nevertheless remains inherently elusive, and there is still considerable ambiguity as to the origin and substance of such rights. This monograph deconstructs the nature and scope of the rights of victims of crime against the backdrop of an emerging international consensus on how victims ought to be treated and the role they ought to play. The essence of such rights is ascertained not only by surveying the plethora of international standards which deal specifically with crime victims, but also by considering the potential cross-applicability of standards relating to victims of abuse of power, with whom they have much in common. In this book Jonathan Doak considers the parameters of a number of key rights which international standards suggest victims ought to be entitled to. He then proceeds to ask whether victims are able to rely upon such rights within a domestic criminal justice system characterised by structures, processes and values which are inherently exclusionary, adversarial and punitive in nature.
Author : Michael King
Publisher : Federation Press
Page : 353 pages
File Size : 39,85 MB
Release : 2014-07-04
Category : Law
ISBN : 1760020222
This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United Kingdom. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.
