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Books > Law > Laws of other jurisdictions & general law > Criminal law
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The Structure of Criminal Procedure - Laws and Practice of France, Soviet Union, China, and the United States (Hardcover)
Loot Price: R2,769
Discovery Miles 27 690
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The Structure of Criminal Procedure - Laws and Practice of France, Soviet Union, China, and the United States (Hardcover)
Expected to ship within 10 - 15 working days
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A model is developed for analyzing criminal procedure across
nations and cultures, and applied to the U.S., France, the U.S.S.R.
and China. The model envisions common functions of arrest and
detention, screening, charging and defending, trial, sanctioning
and appeal. The comparison reveals significant differences between
inquisitorial and adversarial systems, including the extent of
court authority to control other criminal justice agencies, the
defendant's role in the proceedings, and the court's role in the
proceedings. Differences between noncommunist and communist
inquisitorial systems involve personnel who perform each function,
degrees of public participation, and the educative-rehabilitative
function of the criminal justice process. Criminal Justice
Abstracts The Structure of Criminal Procedure presents, for the
first time ever, a detailed comparison of the criminal procedures
of four major nations--France, the United States, China, and the
Soviet Union. In addition, the author also develops his theory on
the Morphology of Criminal Procedure which hypothesizes that there
is a common structure in every modern procedural system no matter
how different it may appear on the surface. He stresses six basic
functions inherent in all systems--arrest and trial, detention,
screening, charging and defending, trial, sanctioning, and
appeal--and he successively analyzes each of them in depth.
Practical ways to apply his model are provided along with
encouragement for others to engage in new comparative studies, or
studies of individual systems, in order to clarify the ways in
which the practical demands of society, the legal profession, and
legal institutions interact with the functional needs of the system
to produce new ways of procedure or new ways of using old
procedures.
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