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Comparative approaches to criminal procedure: Transplants, translations, and adversarial-model reforms in european criminal process

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

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 languageEnglish
Title of host publicationThe Oxford Handbook of Criminal Process
PublisherOxford University Press
Pages67-88
Number of pages22
ISBN (Electronic)9780190659837
DOIs
Publication statusPublished - 1 Jan 2019

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

  1. SDG 16 - Peace, Justice and Strong Institutions
    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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