skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 50654 Find in a Library
Title: COMMENT ON CONTINENTAL CRIMINAL PROCEDURE
Journal: YALE LAW JOURNAL  Volume:87  Issue:8  Dated:(JULY 1978)  Pages:1570-1576
Author(s): A S GOLDSTEIN; M MARCUS
Corporate Author: Yale Law Journal
United States of America
Date Published: 1978
Page Count: 8
Sponsoring Agency: Yale Law Journal
New Haven, CT 06520
Format: Article
Language: English
Country: United States of America
Annotation: CRIMINAL PROCEDURES IN FRANCE, GERMANY, AND ITALY ARE EXAMINED IN THIS COMMENTARY ON THE CONTINENTAL CRIMINAL PROCESS.
Abstract: GOLDSTEIN AND MARCUS PUBLISHED A STUDY OF THE CONTINENTAL CRIMINAL PROCESS IN 1977. THEY NOTED CONCERN IN THE UNITED STATES ABOUT OVERLY BROAD PROSECUTORIAL DISCRETION, A GROWING MISTRUST OF PLEA BARGAINING, AND CONTINUING DOUBT OVER THE EFFECTIVENESS OF EXCLUSIONARY RULES. INTERVIEWS WERE CONDUCTED IN THE COURSE OF THE STUDY WITH PROSECUTORS, JUDGES, DEFENSE ATTORNEYS, AND SCHOLARS IN FRANCE, GERMANY, AND ITALY. FROM THESE INTERVIEWS, IT WAS CONCLUDED THAT JUDGES IN INQUISITORIAL SYSTEMS DO NOT CONTROL OR SUPERVISE THE INVESTIGATION, PROSECUTION, OR TRIAL OF MOST CRIMINAL CASES MUCH MORE CLOSELY THAN JUDGES IN THE U.S. ADVERSARIAL SYSTEM. INVESTIGATION WAS GENERALLY LEFT TO POLICE AND, DESPITE STATUTORY PROHIBITIONS TO THE CONTRARY, CHARGING DISCRETION WAS EXERCISED FREQUENTLY AND WITHOUT SIGNIFICANT SUPERVISION BY POLICE AND PROSECUTORS. ALTHOUGH PLEA BARGAINING AS SUCH DID NOT OCCUR, ANALOGOUS PROCESSES BY WHICH PROSECUTORS AND DEFENDANTS MADE SIMILAR ACCOMMODATIONS THROUGH 'TACIT UNDERSTANDINGS OR PATTERNS OF RECIPROCAL EXPECTATION' WERE FOUND. THE FINDINGS OF THE STUDY SUGGEST THE NEED TO LEARN MORE ABOUT LIMITATIONS EXPERIENCED BY JUDGES AND OTHER OFFICIALS AND INDICATE THE IMPORTANCE OF ASSESSING THE RISK THAT JUDICIAL CONTROL MAY POSE IN CRIMINAL PROCEEDINGS. THE SIGNIFICANCE OF THE STUDY OF EUROPEAN PROCEDURES FOR CRIMINAL JUSTICE IN THE UNITED STATES IS EXAMINED BY THE ORIGINATORS OF THE STUDY AND IN RESPONSE TO CRITICISMS OF THE STUDY BY LANGBEIN AND WEINREB. (DEP)
Index Term(s): Comparative analysis; Criminal codes; Criminal investigation; France; Germany; Italy; Prosecution; United States of America
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=50654

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.