
Contents
-
-
-
-
-
-
-
-
I. Introduction I. Introduction
-
II. Tango Justice v. Rumba Justice II. Tango Justice v. Rumba Justice
-
III. U.S. Criminal Procedure in Europe—Global Trend toward Adversary Justice? III. U.S. Criminal Procedure in Europe—Global Trend toward Adversary Justice?
-
1. Abolition of the Investigative Judge in Continental European Procedures 1. Abolition of the Investigative Judge in Continental European Procedures
-
2. U.S. Exclusionary Rules in Continental Europe 2. U.S. Exclusionary Rules in Continental Europe
-
a. Adversarial Fairness: Rationale for Exclusionary Rules in the United States a. Adversarial Fairness: Rationale for Exclusionary Rules in the United States
-
b. Protective Stance: Rationale for Exclusionary Rules in Continental Europe b. Protective Stance: Rationale for Exclusionary Rules in Continental Europe
-
c. The True Impact of the Adoption of Exclusionary Rules in Continental Europe c. The True Impact of the Adoption of Exclusionary Rules in Continental Europe
-
-
3. Cross-Examination Travels 3. Cross-Examination Travels
-
a. Cross-Examination in the United States a. Cross-Examination in the United States
-
b. Cross-Examination in Continental Europe b. Cross-Examination in Continental Europe
-
-
4. Jury Trial in Spain and the Collective Search for the Truth 4. Jury Trial in Spain and the Collective Search for the Truth
-
-
IV. Plea Bargaining in Europe: Global Convergence toward a Different Rationale? IV. Plea Bargaining in Europe: Global Convergence toward a Different Rationale?
-
V. Conclusion V. Conclusion
-
References References
-
-
-
-
-
-
-
8 Defense Rights in European Legal Systems under the Influence of the European Court of Human Rights
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
4 Comparative Approaches to Criminal Procedure: Transplants, Translations, and Adversarial-Model Reforms in European Criminal Process
Get accessProfessor of Comparative Law, Università degli Studi del Piemonte Orientale
-
Published:11 February 2019
Cite
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.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
October 2022 | 9 |
November 2022 | 2 |
December 2022 | 8 |
January 2023 | 15 |
February 2023 | 13 |
March 2023 | 13 |
April 2023 | 11 |
May 2023 | 5 |
June 2023 | 10 |
July 2023 | 5 |
August 2023 | 6 |
September 2023 | 11 |
October 2023 | 8 |
November 2023 | 2 |
December 2023 | 11 |
January 2024 | 10 |
February 2024 | 10 |
March 2024 | 13 |
April 2024 | 12 |
May 2024 | 10 |
June 2024 | 7 |
July 2024 | 6 |
August 2024 | 4 |
September 2024 | 16 |
October 2024 | 16 |
November 2024 | 6 |
December 2024 | 7 |
January 2025 | 16 |
February 2025 | 2 |
March 2025 | 9 |
April 2025 | 9 |
May 2025 | 1 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.