Structure of Criminal Procedure: Laws and Practice of France, the Soviet Union, China, and the United States

• NCJ Number: 106147
• Author(s): P L Ingraham
• Date Published: 1987
• Length: 196 pages
• Sale Source: Greenwood Publishing Group
• Publication Type: Research (Applied/Empirical)
• Language: English
• Country: United States of America
• Note: Contributions in Criminology and Penology; No. 16

Annotation

This book develops a model for analyzing criminal procedure across nations and cultures and applies it to a comparison of criminal procedure in the United States, France, the Soviet Union, and China.

Abstract

The proposed model hypothesizes a common structure in every modern procedural system. For all criminal justice systems, the common functions are arrest and detention, screening, charging and defending, trial, sanctioning, and appeal. Procedures involved in these functions are compared for the United States, China, the Soviet Union, and France. The comparison shows significant differences between inquisitorial and adversarial systems and between noncommunist and communist inquisitorial systems. Differences between inquisitorial and adversarial procedures include procedural emphasis, the extent to which courts have the authority to control other criminal justice agencies, the defendant's role in the proceedings, and the court's role in the proceedings. Differences between communist and noncommunist inquisitorial procedures are in the areas of personnel who perform the function, public participation, and the educative-rehabilitative function of the process. Chapter notes, 200-item bibliography, and subject index.