Academic literature on the topic 'Adversarial criminal justice'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the lists of relevant articles, books, theses, conference reports, and other scholarly sources on the topic 'Adversarial criminal justice.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Journal articles on the topic "Adversarial criminal justice"
Myers, Nicole Marie. "Who Said Anything About Justice? Bail Court and the Culture of Adjournment." Canadian Journal of Law and Society / Revue Canadienne Droit et Société 30, no. 01 (February 20, 2015): 127–46. http://dx.doi.org/10.1017/cls.2014.28.
Full textJohnston, Ed. "All Rise for the Interventionist." Journal of Criminal Law 80, no. 3 (June 2016): 201–13. http://dx.doi.org/10.1177/0022018316647870.
Full textRajput, Muhammad Arif, and Farid Samir Benavides-Vanegas. "Reformation of Criminal Justice System of Pakistan." European Scientific Journal, ESJ 18, no. 5 (February 21, 2022): 87. http://dx.doi.org/10.19044/esj.2022.v18n5p87.
Full textKirchengast, Tyrone, Tatiana Badaró, and Lucas Pardini. "The mixed and hybrid criminal courts of Brazil: Mainstreaming restoration, rehabilitation and community justice in a human rights context." International Review of Victimology 27, no. 1 (April 9, 2020): 23–42. http://dx.doi.org/10.1177/0269758020916261.
Full textSahu, Dr Meena Ketan, and Chandi Prasad Khamari. "CRIMINAL LAW REFORMS IN INDIA: A STUDY ON PAST, PRESENT AND FUTURE." YMER Digital 21, no. 07 (July 10, 2022): 451–59. http://dx.doi.org/10.37896/ymer21.07/35.
Full textMason, J. K. "Expert Evidence in the Adversarial System of Criminal Justice." Medicine, Science and the Law 26, no. 1 (January 1986): 8–12. http://dx.doi.org/10.1177/002580248602600102.
Full textKirchengast, Tyrone. "Victim Lawyers, Victim Advocates, and the Adversarial Criminal Trial." New Criminal Law Review 16, no. 4 (2013): 568–94. http://dx.doi.org/10.1525/nclr.2013.16.4.568.
Full textBatchaeva, Erna Kaysynovna, Daria Olegovna Chistilina, Aleksandr Viktorovich Grinenko, Tatyana Kimovna Ryabinina, and Vasiliy Jonovich Potapov. "Russian court in adversarial criminal procedures." Cuestiones Políticas 39, no. 71 (December 25, 2021): 531–42. http://dx.doi.org/10.46398/cuestpol.3971.30.
Full textHersant, Jeanne. "Patronage and Rationalization: Reform to Criminal Procedure and the Lower Courts in Chile." Law & Social Inquiry 42, no. 02 (2017): 423–49. http://dx.doi.org/10.1111/lsi.12272.
Full textGioia, Federica, and Mauro Politi. "The Criminal Procedure before the International Criminal Court: Main Features." Law & Practice of International Courts and Tribunals 5, no. 1 (2006): 103–23. http://dx.doi.org/10.1163/157180306777156871.
Full textDissertations / Theses on the topic "Adversarial criminal justice"
Ellison, Louise Elaine. "A comparative study of rape trials in adversarial and inquisitorial criminal justice systems." Thesis, University of Leeds, 1997. http://etheses.whiterose.ac.uk/2664/.
Full textGal, Tali, and tali gal@anu edu au. "Victims to Partners: Child Victims and Restorative Justice." The Australian National University. Research School of Social Sciences, 2006. http://thesis.anu.edu.au./public/adt-ANU20061114.100521.
Full textStobbs, Nigel. "Mainstreaming therapeutic jurisprudence and the adversarial paradigm—incommensurability and the possibility of a shared disciplinary matrix." Thesis, Bond University, 2013. https://eprints.qut.edu.au/63846/1/Stobbs_Thesis_Submit_PhD_2013.pdf.
Full textBorges, Lélia Moreira. "Adolescente em conflito com a lei: uma análise do direito à ampla defesa em Goiânia/Goiás." Universidade Federal de Goiás, 2017. http://repositorio.bc.ufg.br/tede/handle/tede/8806.
Full textApproved for entry into archive by Luciana Ferreira (lucgeral@gmail.com) on 2018-08-17T11:20:43Z (GMT) No. of bitstreams: 2 Dissertação - Lélia Moreira Borges - 2017.pdf: 1967491 bytes, checksum: 0c533712e13300a3711e215ad48229a5 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5)
Made available in DSpace on 2018-08-17T11:20:43Z (GMT). No. of bitstreams: 2 Dissertação - Lélia Moreira Borges - 2017.pdf: 1967491 bytes, checksum: 0c533712e13300a3711e215ad48229a5 (MD5) license_rdf: 0 bytes, checksum: d41d8cd98f00b204e9800998ecf8427e (MD5) Previous issue date: 2017-08-31
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior - CAPES
This dissertation had as its objective verify whether the adolescents submitted to the institutionalization measures in Goiânia, Goiás – Brazil, were guaranteed their right to the adversarial principle and full defense in their trials. The empirical field of this investigation consisted of the analysis of cases filed between the periods of 2014 to 2016, and the observation of hearings carried out in the infractions court of Child and Youth Court of Goiânia, GO and interviews with public defenders. The Federal Constitution of 1988, the Child and Adolescent Statute, Criminal Code, Criminal Procedure and Civil Procedure Codes were used as the main legal references for this study. As theoretical support, Emílio G. Mendez, Pierre Bourdieu and Loïc Wacquant were also used. These references were useful in the understanding of the infraction persecution dynamics operationalized by the security and justice system of the State. As well as that, the understanding of the socio-juridical paradigm in force at each moment of history that justified the penalization of children and adolescents; the concept of field as a social space in competition, subject to internal disputes hierarchically established by the monopoly of the significance of such space, and the intensification of punitive actions by the State allow the perception of the permanence of the irregular situation paradigm in the professionals’ performances and judicial decisions. Decisions marked by inequality between institutions that operate in the juvenile criminal justice system, facing the recent entry of the public defense counsel, not yet totally structured, in the game of signification and legitimation of a trial that is preponderantly inquisitive. It brings loss to the exercise of full defense of the adolescents accused of acts of infraction. Evidence of a mismatch is noticed between the advances in the children’s and adolescents’ acquisition of rights and guarantees and the criminal control operationalized by the juvenile criminal justice system of Goiânia / GO.
Essa dissertação teve como objetivo verificar se os adolescentes submetidos à medida de internação em Goiânia/Goiás tiveram garantidos o direito ao contraditório e a ampla defesa nos seus julgamentos. O campo empírico desta investigação consistiu na análise de processos arquivados entre os períodos de 2014 a 2016, da observação de audiências realizadas na vara de atos infracionais do Juizado da Infância e Juventude de Goiânia/GO e de entrevistas aos defensores públicos. A Constituição Federal de 1988, Estatuto da Criança e do Adolescente, Códigos Penal, de Processo Penal e de Processo Civil foram referência para este estudo. Como suportes teóricos foram utilizados, entre outros, Emílio G. Mendez, Pierre Bourdieu e Loïc Wacquant. Esses referenciais serviram de suporte para entender os diferentes paradigmas jurídicos que justificaram a aplicação de penalização de crianças e adolescentes no decorrer da história apresentados por Mendez: nas considerações para uma sociologia do campo jurídico deixadas por Pierre Bourdieu sobre a força do direito, enquanto instrumento de poder da reprodução social e, nas discussões apresentas por Wacquant acerca do controle social e do estado punitivo. Permitindo assim, perceber a permanência do paradigma da situação irregular na atuação dos profissionais e nas decisões judiciais; a desigualdade entre instituições que atuam no sistema de justiça penal juvenil, dada a recente entrada da Defensoria Pública ainda não totalmente estruturada, no jogo da significação e legitimação de um julgamento preponderantemente inquisitivo, ocasionando com isso, prejuízo ao exercício pleno da defesa dos(as) adolescentes acusados(as) de atos infracionais. Evidenciando um descompasso entre os avanços na conquista de direitos e garantias das crianças e adolescentes e o controle social operacionalizado pelo sistema de justiça penal juvenil de Goiânia/GO.
Coscas-Williams, Béatrice. "La victime d'agression sexuelle face à la procédure pénale israélienne." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB181/document.
Full textOn the 21st of March 2001, the "Rights of Victims of Crime Law", which acknowledges the existence of victims in the criminal procedure, was passed. This law, which is the fruit of the intervention of the feminist and the human rights movement, finally recognizes the necessity of granting rights to victim of crime in general, and the victim of sexual offences in particular. The "Rights of Victims of Crime Law" included a series of rights for victims during the different stages of the criminal proceedings such as free access to information, the protection of their privacy and the right to be protected inside and outside of the court from intimidation by offenders and their families. Likewise, victims of sexual offences may receive information, and express their opinions, under specific conditions at different stages during the trial and in cases where a plea bargain is struck between the offender and the prosecutor. Despite this new law, the victim's participation in the process remains symbolic. The victim remains on the sidelines of the Israeli criminal justice system, with no active role at any stage of the criminal process. The only real players are the public prosecutor, the accused and his or her lawyers. It seems at first glance that the fact that the victim does not participate in the criminal process is based on the characteristics of the Israeli criminal system as an adversarial system. As an adversarial system of law, the Israeli criminal system consists of two parties only, which are equal: the prosecution and the accused seeking to resolve a dispute before a passive judge, interested in discovering the procedural truth. In this system, there are two parties, the defense and the prosecution, the victims only representation being as a witness. However, we have seen that during the last thirty years, in countries utilizing a similar legal system, a clear evolution in victims' rights based on the Due Process of Law and a fair trial for the accused and for the victims of sexual abuse. In some of these countries, victims have profited from an effective role during the proceedings. The journey of the victims of sexual offences in the criminal court, from the filling of a complaint with the police, to the meeting with the prosecutor and judges, until the sentence, is not easy, considering that he or she is not represented by a lawyer. Moreover, the domain of sexual offences is laden with stereotypes that the victims have to deal with. If "The Rights of Victims of Crime Law", try to ease the process for victims, the victims' participation is weak and depends on the will of the prosecutor. Moreover, the opinion of the victim does not have any bounding value. In fact, this law does not provide standing or remedies for victims rights violation. The traditional Israeli criminal system does not satisfy the need for victims of sexual assault to express human feelings during the stages of the criminal process, and may lead in certain case to secondary victimisation. Therefore, it is interesting to consider if the Israeli criminal prooceedings could be influenced by other systems of law which have succeeded in granting effective rights to victims, and whether the social and juridical evolution of Israeli society might offer progressively a forum to victims, notably with the utilization of restorative justice
Lestrade, Éric. "Les principes directeurs du procès dans la jurisprudence du Conseil Constitutionnel." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40033/document.
Full textIn spite of a relatively low number of written dispositions dedicated to justice inside of the body of the Constitution of October 1958 4th, the constitutional Council, while updating this text through the Declaration of Human Rights, contributed to the development of a procedural constitutional law, which is structured around guiding principles. Those principles can be classified within three different categories : two major categories depend on the trial actor that is primarily concerned, either the judge or the parties; a third and additional category pertaining to procedural protections, fosters the essential qualities of the judge and secure the protection of the parties’ rights. A gradation of the requirements of the constitutional Council is discreetly perceptible between the first two categories of principles, and more easily identifiable between those first two categories and the last one. This decreasing scale of “density” yoked to the trial guiding principles highlights a genuine judicial policy when it comes to procedural constitutional law, emphasizing access to the judge, whom is given essential qualities in order to achieve its judicial duty. However, the action of the French constitutional judge, as satisfactory as it is towards the rights of the trial, would easily support the intervention of the constituent power in order to update Justice’s constitutional status
Kardimis, Théofanis. "La chambre criminelle de la Cour de cassation face à l’article 6 de la Convention européenne des droits de l’homme : étude juridictionnelle comparée (France-Grèce)." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3004.
Full textThe first party of the study is dedicated to the invocation of the right to a fair trial intra and extra muros and, on this basis, it focuses on the direct applicability of Article 6 and the subsidiarity of the Convention and of the European Court of Human Rights. Because of the fact that the right to a fair trial is a ‘‘judge-made law’’, the study also focuses on the invocability of the judgments of the European Court and more precisely on the direct invocability of the European Court’s judgment finding that there has been a violation of the Convention and on the request for an interpretation in accordance with the European Court’s decisions. The possibility of reviewing the criminal judgment made in violation of the Convention has generated a new right of access to the Court of cassation which particularly concerns the violations of the right to a fair trial and is probably the most important step for the respect of the right to a fair trial after enabling the right of individual petition. As for the weak conventional basis of the authority of res interpretata (“autorité de la chose interprétée”), this fact explains why an indirect dialogue between the ECHR and the Court of cassation is possible but doesn’t affect the applicant’s right to request an interpretation in accordance with the Court’s decisions and the duty of the Court of cassation to explain why it has decided to depart from the (non-binding) precedent.The second party of the study is bigger than the first one and is dedicated to the guarantees of the proper administration of justice (Article 6§1), the presumption of innocence (Article 6§2), the rights which find their conventional basis on the Article 6§1 but their logical explanation to the presumption of innocence and the rights of defence (Article 6§3). More precisely, the second party of the study is analyzing the right to an independent and impartial tribunal established by law, the right to a hearing within a reasonable time, the principle of equality of arms, the right to adversarial proceedings, the right of the defence to the last word, the right to a public hearing and a public pronouncement of the judgement, the judge’s duty to state the reasons for his decision, the presumption of innocence, in both its procedural and personal dimensions, the accused’s right to lie, his right to remain silent, his right against self-incrimination, his right to be informed of the nature and the cause of the accusation and the potential re-characterisation of the facts, his right to have adequate time and facilities for the preparation of the defence, including in particular the access to the case-file and the free and confidential communication with his lawyer, his right to appear in person at the trial, his right to defend either in person or through legal assistance, his right to be represented by his counsel, his right to free legal aid if he hasn’t sufficient means to pay for legal assistance but the interests of justice so require, his right to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him and his right to the free assistance of an interpreter and to the translation of the key documents. The analysis is based on the decisions of the European Court of Human Rights and focuses on the position taken by the French and the Greek Court of Cassation (Areopagus) on each one of the above mentioned rights
Gal, Tali. "Victims to Partners: Child Victims and Restorative Justice." Phd thesis, 2006. http://hdl.handle.net/1885/47077.
Full textBooks on the topic "Adversarial criminal justice"
Sanford, King Michael, ed. Non-adversarial justice. Annandale, N.S.W: The Federation Press, 2009.
Find full textMichael, King. Non-adversarial justice. Annandale, N.S.W: The Federation Press, 2014.
Find full textname, No. Adversarial versus inquisitorial justice: Psychological perspectives on criminal justice systems. New York, NY: Kluwer Academic/Plenum, 2003.
Find full textBerdejo, Juan David Pastrana. Implementación del proceso penal acusatorio adversarial en Latinoamerica. Azcapotzalco, México, D.F: Flores Editor y Distribuidor, 2009.
Find full textBerdejo, Juan David Pastrana. Implementación del proceso penal acusatorio adversarial en Latinoamerica. Azcapotzalco, México, D.F: Flores Editor y Distribuidor, 2009.
Find full textJosé Luis Eloy Morales Brand. Sistema de justicia penal acusatorio adversarial en México. [México, D.F.]: Angel Editor, 2011.
Find full textBottoms, A. E. Hearing the victim: Adversarial justice, crime victims and the State. Cullompton: Willan, 2010.
Find full textIndonesia, Perhimpunan Advokat, ed. Menuju sistem peradilan pidana yang akusatorial dan adversarial: Butir-butir pikiran PERADI untuk draft RUU-KUHAP. Jakarta: Penerbit Papas Sinar Sinanti bekerja sama dengan PERADI, 2010.
Find full textPenrod, Steven D., and Peter J. van Koppen. Adversarial Versus Inquisitorial Justice: Psychological Perspectives on Criminal Justice Systems. Springer London, Limited, 2012.
Find full textPenrod, Steven D., and Peter J. van Koppen. Adversarial Versus Inquisitorial Justice: Psychological Perspectives on Criminal Justice Systems. Springer London, Limited, 2012.
Find full textBook chapters on the topic "Adversarial criminal justice"
Pakes, Francis J. "Styles of Trial Procedure at the International Criminal Tribunal for the Former Yugoslavia." In Adversarial versus Inquisitorial Justice, 309–19. Boston, MA: Springer US, 2003. http://dx.doi.org/10.1007/978-1-4419-9196-6_17.
Full textGonzález Ramírez, Isabel Ximena. "The Transition from an Inquisitorial to an Adversarial Criminal Justice System: An Opportunity for Restorative Justice in Chile." In Comparative Restorative Justice, 155–79. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-74874-6_8.
Full textLi, Rong-Geng. "12. From an Inquisitorial to Adversarial System: The Recent Development in Criminal Justice of Taiwan." In The Functional Transformation of Courts, 239–66. Göttingen: V&R Unipress, 2015. http://dx.doi.org/10.14220/9783737004909.239.
Full text"Adversarial Legalism and American Criminal Justice." In Adversarial Legalism, 73–96. Harvard University Press, 2019. http://dx.doi.org/10.2307/j.ctv2d8qx07.8.
Full text"Adversarial Legalism and American Criminal Justice." In Adversarial Legalism, 61–81. Harvard University Press, 2009. http://dx.doi.org/10.2307/j.ctvjz83k7.7.
Full text"4. Adversarial Legalism and American Criminal Justice." In Adversarial Legalism, 73–96. Harvard University Press, 2019. http://dx.doi.org/10.4159/9780674242678-006.
Full text"4 Adversarial Legalism and American Criminal Justice." In Adversarial Legalism, 59–81. Harvard University Press, 2001. http://dx.doi.org/10.4159/9780674039278-005.
Full textREDMAYNE, MIKE. "Adversarial Experts." In Expert Evidence and Criminal Justice, 198–220. Oxford University Press, 2001. http://dx.doi.org/10.1093/acprof:oso/9780198267805.003.0007.
Full textCase, Steve, Phil Johnson, David Manlow, Roger Smith, and Kate Williams. "23. Criminal justice principles." In The Oxford Textbook on Criminology, 693–717. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198835837.003.0023.
Full text"Adversarial and Inquisitorial Criminal Procedure." In Elgar Encyclopedia of Crime and Criminal Justice. Edward Elgar Publishing, 2023. http://dx.doi.org/10.4337/9781789902990.adversarial.inquisitorial.
Full textConference papers on the topic "Adversarial criminal justice"
Nakane, Ikuko. "Accusation, defence and morality in Japanese trials: A Hybrid Orientation to Criminal Justice." In GLOCAL Conference on Asian Linguistic Anthropology 2019. The GLOCAL Unit, SOAS University of London, 2019. http://dx.doi.org/10.47298/cala2019.16-5.
Full text