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Using California as the model for the adversarial system and Germany as the model for the inquisitorial system, this innovative work seeks to add a new dimension to the comparative study of criminal justice. The basic idea is contained in the title, One Case--Two Systems. Containing the first ever side-by-side portrayals of full American and German trials, the book views a single case through two separate lenses--one American, one German. Returning home unexpectedly from a vacation in the country, an elderly man interrupts a night time burglary in his own house and is attacked as the burglar tries to escape. By portraying an ordinary crime--a burglary that turns into a robbery--rather than a dramatic, high-profile murder, the book provides a detailed, working picture of the two systems and the contrasts between them. Allowing the reader to observe and compare the formal steps that cases go through in the two systems, it brings the work of the police, the prosecution, the defense, and the courts to life - by giving thoughts and reasons as well as actions. Even the most critical documents are included. Designed to illustrate the most important differences between the two systems, the country chapters first portray the California investigation and prosecution and then take the same case through the German system. Often seeing eye-to-eye but sometimes diverging sharply, the two sets of comments focus on the critical issues depicted in the country chapters--seeking to explain the similarities, differences, and peculiarities of the two systems. Published under the Transnational Publishers imprint.
Criminal justice, Administration of --- Criminal justice, Administration of --- Criminal justice, Administration of --- Robbery --- Robbery --- Robbery
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What circumstances lead someone to commit murder, rape, or acts of child molestation? Why does society have such a deep-seated wish for vengeance against perpetrators of heinous crimes? Can those found guilty of such crimes ever be rehabilitated? What are the long-term consequences of incarceration, for inmates and society? Officials of the criminal justice system, politicians, and ordinary citizens argue about possible answers to these controversial and vital questions, with little agreement. Violent crime and overflowing prisons continue to be unfortunate aspects of our society as the criminal justice system struggles to develop a coherent strategy to deal with heinous crimes. This book offers innovative perspectives on the difficult issues concerning a civilized society's response to offenders guilty of heinous crimes. It considers specific cases and the chilling accounts of victims and the criminals themselves. In providing detailed strategies for prevention and rehabilitation, Frederic G. Reamer draws on his extensive experience as a member of the Rhode Island Parole Board, where he has heard more than 13,000 cases, and as a social worker in correctional facilities. He examines the psychological and social factors that lead individuals to commit reprehensible crimes, arguing that a fuller understanding of different criminal types is crucial to developing successful answers to the problem of heinous crimes. Closely looking at various criminal typologies, Reamer examines the effectiveness and rationale of various responses, including revenge and retribution, imprisonment for public safety, rehabilitation, and restorative justice.
Criminal justice, Administration of --- Violent crimes --- Prevention.
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Crime --- Criminal justice, Administration of --- Punishment
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Criminology --- Criminal justice, Administration of --- Africa.
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Basing much of its analysis upon the first systematic empirical study of the French pre-trial process, this monograph breaks new ground in the field of comparative criminal justice. Moving away from idealised accounts of judicially supervised investigations, it provides a better understanding of the ways in which an inquisitorially rooted criminal process operates in practice and the factors that influence and constrain its development and functioning. The structure and operation of French criminal justice is set within a broad range of contexts of political, occupational and legal cultures from the French Republican tradition of state-centred models of authority, across the growing influence of the ECHR, to the local conditions which determine the ways in which individual discretion is exercised. The French model of investigative supervision and accountability is contrasted with more adversarial procedures and in particular, the different ways in which the reliability of evidence is guaranteed and the interests of the accused protected. Systematic observation of the daily working practices of police, gendarmes, prosecutors and juges dinstruction across a number of sites and time periods, provides a unique and detailed account of the ways in which the French criminal process operates in practice. The understandings and insights generated from this data are then set within a wider legal and political analysis, which considers issues such as the influence and interference of the State within matters of justice; a comparative analysis of the judicial and defence functions; and the extent to which ECHR fair trial guarantees are able to produce legal and ideological change within a process which depends upon a central and judicially supervised investigating authority. An informed knowledge of other European criminal procedures is increasingly essential for those working within UK (as well as comparative) criminal justice, if there is to be a proper engagement with, and evaluation of, measures such as the EUs proposed Council Framework Decision on Certain Procedural Rights in Criminal Proceedings throughout the European Union, as well as recent legislative reform in England and Wales that seeks to adjust the pre-trial roles of police and prosecutor in significant ways. This book will be essential reading for teachers, researchers, students and policy-makers working in the areas of criminal justice in the UK and across Europe, in comparative criminal justice/criminology, as well as in French and European studies
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Crime --- Criminal justice, Administration of --- Criminology
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