A World View of Criminal Justice

In an era of unprecedented change in criminal justice around the world, our failure to take procedure seriously has a terrible cost, allowing reform to be driven by purely pragmatic considerations, cost-cutting or foreign influence. This book proposes a new theory of procedure derived from the three great international trial modes of 'inquisitorial justice', 'adversarial justice' and 'popular justice'.

Preface

vii

1 Understanding Criminal Process: A Three-Dimensional World View

1

(16)

PART I: THE INQUISITORIAL TRADITION

17

(110)

2 The European Inquisitorial Tradition

23

(22)

3 The French Revolution in Criminal Justice

45

(16)

4 Regimes of Terror: Inquisition-Process in the 20th Century

61

(30)

5 Maoism and the Chinese Inquisitorial Tradition

91

(14)

6 Islamic Criminal Justice: Theocratic Inquisitoriality

105

(22)

PART II: THE ADVERSARIAL TRADITION

127

(68)

7 The Anglo-American Adversarial Tradition

131

(26)

8 The Great Due Process Revolution: Adversariality in Europe and Latin America

157

(20)

9 Adversariality and the Collapse of 'Socialist Legality'

177

(18)

PART III: THE POPULAR JUSTICE TRADITION

195

(92)

10 Origins of the English Jury

199

(16)

11 Juries Originating in the British Overseas Empire

215

(18)

12 The European Jury

233

(22)

13 Direct Popular Participation: Village Courts and Popular Tribunals

255

(22)

14 Criminal Justice Reform

277

(10)

Bibliography

287

(36)

Index

323

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A World View of Criminal Justice

Summary

Table of Contents

Supplemental Materials