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Books on the topic 'Adversarial criminal justice'

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Author: Grafiati
Published: 4 June 2021
Last updated: 28 January 2023

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1

Sanford, King Michael, ed. Non-adversarial justice. Annandale, N.S.W: The Federation Press, 2009.

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2

Michael, King. Non-adversarial justice. Annandale, N.S.W: The Federation Press, 2014.

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3

name, No. Adversarial versus inquisitorial justice: Psychological perspectives on criminal justice systems. New York, NY: Kluwer Academic/Plenum, 2003.

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4

Berdejo, Juan David Pastrana. Implementación del proceso penal acusatorio adversarial en Latinoamerica. Azcapotzalco, México, D.F: Flores Editor y Distribuidor, 2009.

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5

Berdejo, Juan David Pastrana. Implementación del proceso penal acusatorio adversarial en Latinoamerica. Azcapotzalco, México, D.F: Flores Editor y Distribuidor, 2009.

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6

José Luis Eloy Morales Brand. Sistema de justicia penal acusatorio adversarial en México. [México, D.F.]: Angel Editor, 2011.

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7

Bottoms, A. E. Hearing the victim: Adversarial justice, crime victims and the State. Cullompton: Willan, 2010.

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8

Indonesia, 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.

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9

Penrod, Steven D., and Peter J. van Koppen. Adversarial Versus Inquisitorial Justice: Psychological Perspectives on Criminal Justice Systems. Springer London, Limited, 2012.

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10

Penrod, Steven D., and Peter J. van Koppen. Adversarial Versus Inquisitorial Justice: Psychological Perspectives on Criminal Justice Systems. Springer London, Limited, 2012.

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11

van, Koppen P. J., and Penrod Steven, eds. Adversarial versus inquisitorial justice: Psychological perspectives on criminal justice systems. New York: Kluwer Academic/Plenum Publishers, 2003.

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12

van, Koppen P. J., and Penrod Steven, eds. Adversarial versus inquisitorial justice: Psychological perspectives on criminal justice systems. New York: Kluwer Academic/Plenum Publishers, 2003.

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13

van, Koppen P. J., and Penrod Steven, eds. Adversarial versus inquisitorial justice: Psychological perspectives on criminal justice systems. New York: Kluwer Academic/Plenum Publishers, 2003.

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14

Penrod, Steven D., and Peter J. van Koppen. Adversarial versus Inquisitorial Justice: Psychological Perspectives on Criminal Justice Systems. Springer, 2011.

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15

Peter J. van Koppen (Editor) and Steven D. Penrod (Editor), eds. Adversarial Versus Inquisitorial Justice: Psychological Perspectives on Criminal Justice Systems (Perspectives in Law & Psychology). Springer, 2003.

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16

Bottoms, Anthony, and Julian Roberts. Hearing the Victim: Adversarial Justice, Crime Victims and the State. Willan Publishing, 2010.

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17

Bottoms, Anthony, and Julian Roberts. Hearing the Victim: Adversarial Justice, Crime Victims and the State. Willan Publishing, 2010.

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18

Bottoms, Anthony, and Julian Roberts. Hearing the Victim: Adversarial Justice, Crime Victims and the State. Willan Publishing, 2010.

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19

Bottoms, Anthony, and Julian Roberts. Hearing the Victim: Adversarial Justice, Crime Victims and the State. Willan Publishing, 2010.

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20

Hodgson, Jacqueline S. The Metamorphosis of Criminal Justice. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780199981427.001.0001.

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The focus of this book is the potentially radical and fundamental changes that are taking place within criminal justice in Britain and in France and the ways that these are driven by wider domestic, European, or international concerns. This metamorphosis away from established values and practices is eroding what were once regarded as core rights and freedoms in the name of efficiency, security, and justice to victims. Beginning with a comparative analysis of adversarial and inquisitorial procedural values and traditions, and an examination of broad trends in domestic and European criminal justice, the book then discusses how the roles of prosecution and defense have been reshaped in different ways in both jurisdictions—both in the text of the law and in their practices. The final part considers how systems within different procedural traditions adapt to address, or provide a remedy for, systemic flaws that produce wrongful convictions and, in particular, the role of the defense in these procedures. By adopting a comparative approach with France, the study explores the nature and reach of these trends, the ways that they challenge and disrupt criminal processes and values, and the contrasting responses that they provoke. It reveals how criminal justice traditions continue to be shaped in different ways by broader policy and political concerns; how different systems adapt, change, and distort when faced with (sometimes conflicting) pressures domestically and externally; and how different procedural values may serve to structure or limit reform, and so work to facilitate or resist change.
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21

Adversarial Legalism: The American Way of Law. Harvard University Press, 2001.

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22

Adversarial Legalism: The American Way of Law. Harvard University Press, 2003.

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23

Kagan, Robert A. Adversarial Legalism: The American Way of Law, Second Edition. Harvard University Press, 2019.

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24

Natapoff, Alexandra. Criminal Misdemeanor Theory and Practice. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780199935352.013.9.

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The misdemeanor system is a powerful governance tool. Comprising the vast bulk of the U.S. criminal process, it exerts enormous influence over the disadvantaged populations that are its primary clientele, and profoundly shapes the general character of American criminal justice. Characterized largely by speed, informality, and law enforcement discretion, the petty offense process generates millions of criminal convictions and burdensome punishments in ways that depart significantly from the standard due process model of adversarial adjudication, with special implications for the poor and people of color. This article provides a theoretical overview of the petty offense process and its legal and institutional structures, and explains its sociolegal significance for the criminal system as a whole.
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25

Steiner, Eva. Procedure. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198790884.003.0012.

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This chapter focuses on the core principles which in France govern the justice process and the underlying values on which it rests. It then looks at the place of the justice function within the overall context of the public workings of the State. The ongoing process of scrutiny and reform that characterises the current approach towards the justice process in France and elsewhere is also considered. Hereafter, this chapter provides an overview of the main stages of the pre-trial process in criminal procedure. Consideration is also given to the question of to what degree the French model of justice is inquisitorial when compared with the adversarial system prevalent in common law jurisdictions.
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26

Pfeifer, Michael J. Introduction. University of Illinois Press, 2017. http://dx.doi.org/10.5406/illinois/9780252036132.003.0001.

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This introductory chapter discusses the gaps in current American lynching historiography, noting that, while several recent studies of lynching have enhanced our understanding of the history of the rhetoric surrounding the term lynching, they have only peripherally addressed the very real practices of collective violence that the word actually connoted in particular times and places. In addition, the chapter provides a brief overview of American lynching, which arose in the early to mid-nineteenth century as a response to alterations in law and social values (the shift from a penology of retribution and deterrence to one centered on reform of the criminal, the rise of the adversarial system and aggressive defense lawyering, the shift from private to public criminal prosecution, and the professionalization of criminal justice) that occurred throughout the Anglo-American world.
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27

van Kempen, PHPHMC. The Right to Fair Preliminary Investigation and Trial for Vulnerable Defendants. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198788478.003.0011.

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Mainly as a result of the nature of criminal procedure in the Netherlands, which until recently could be characterized as a modern moderate inquisitorial system, the fitness-to- plead principle has been rather underdeveloped here. This chapter analyses how the European Convention on Human Rights, EU Directives, and the increase of adversarial elements in an originally inquisitorial criminal justice system are now catalysing the fitness-to-plead principle. Fourteen recommendations will be provided for what is considered a necessary reinforcement of the legal position of defendants who possess insufficient abilities to adequately participate during criminal proceedings—both preliminary investigation and trial—or who are even unfit to stand trial. The recommendations are based on a detailed analyses of criminal procedure law of the Netherlands, case law of the European Court of Human Rights, and several EU Directives that are relevant for the fitness to plead principle..
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28

McConville, Mike, and Luke Marsh. The Myth of Judicial Independence. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198822103.001.0001.

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This book on the criminal justice system is uniquely positioned to examine judicial claims to independence, the politics of the judiciary, the rule of law, and the role of the executive in the context of a democratic polity. The authors have mined the British government’s archival vaults to assemble records including official (previously classified) Home Office files and present a ground-breaking narrative. By tracking the relationship between senior judges and the Home Office from the end of the nineteenth century to the modern day, revelations concerning the politics of the judiciary and the separation of powers are unearthed. The book argues that the claims of the senior judiciary to be independent of the executive are invalidated by historical records and the theory and practice of the separation of powers (the ‘Westminster Model’) deeply flawed. Rather, at every material point, civil servants compromised the role of the senior judiciary’s decision-making. Moreover, with the passive endorsement of senior judges, the executive repeatedly misled Parliament as to the authorship and provenance of fundamental rules governing the relationship of the individual to the state in relation to police powers of arrest, detention, and questioning. The book also explores the past and continuing impact of all this to former colonial territories and traces the close liaison between key members of the senior judiciary and the state in reconfiguring the modern criminal process in a way which weakens defence lawyers, pressurizes defendants into pleading guilty, and undermines cardinal adversarial protections.
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