Abstract
This chapter discusses comparative approaches to criminal procedure, focusing on transplants, translations, and adversarial-model reforms in European criminal process. In particular, it examines the idea of “Americanization/adversarialization” of European criminal procedures-that is, the possible convergence between American common law and European civil law criminal procedure systems toward a common adversary core structure. The chapter also considers the implications of transplanting some American adversarial features into the non-adversary European soil, such as pretrial investigations conducted by the police and the public prosecutor in lieu of the investigating judge typical of the civilian tradition; exclusionary rules; cross-examination; and jury trial. It compares the so-called tango justice with rumba justice and analyzes the “revolutionary change of procedure” with respect to cross-examination of witnesses, jury trial in Spain, and plea bargaining in Europe.
| Original language | English |
|---|---|
| Title of host publication | The Oxford Handbook of Criminal Process |
| Publisher | Oxford University Press |
| Pages | 67-88 |
| Number of pages | 22 |
| ISBN (Electronic) | 9780190659837 |
| DOIs | |
| Publication status | Published - 1 Jan 2019 |
UN SDGs
This output contributes to the following UN Sustainable Development Goals (SDGs)
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SDG 16 Peace, Justice and Strong Institutions
Keywords
- Adversarialization
- Adversary
- Americanization
- Criminal procedure
- Criminal process
- Cross-examination
- Exclusionary rules
- Jury trial
- Plea bargaining
- Pretrial investigations
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