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The future of adversarial criminal justice in 21st century Britain
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Hodgson, Jacqueline (2010) The future of adversarial criminal justice in 21st century Britain. Working Paper. Coventry: Department of Law, University of Warwick. Warwick School of Law Research Paper Series (Number 2010/06).
An open access version can be found in:
Official URL: http://ssrn.com/abstract=1578310
Abstract
This article reflects on some of the major shifts that have taken place in British criminal justice over the last twenty years, both generally in the attenuation of defense rights and the expansion of the public prosecutor role, and in two particular contexts: the treatment of miscarriages of justice1 and the legal response to terrorism. It questions the extent to which these changes are part of a broader departure from an adversarial model of justice in the roles assigned to prosecution and defense, the separation of the investigation and trial stages and the core values underlying the criminal process. To the extent that adversarialism is losing its appeal, what are the underlying causes and what will replace it? Will the adversarial be replaced by a more inquisitorial approach? Managerialist and efficiency-driven concerns? Or something less coherent and consistent?
Item Type: | Working or Discussion Paper (Working Paper) | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Series Name: | Warwick School of Law Research Paper Series | ||||
Publisher: | Department of Law, University of Warwick | ||||
Place of Publication: | Coventry | ||||
Official Date: | 25 March 2010 | ||||
Dates: |
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Number: | Number 2010/06 | ||||
Number of Pages: | 45 | ||||
Institution: | University of Warwick | ||||
Status: | Peer Reviewed | ||||
Publication Status: | Published | ||||
Access rights to Published version: | Restricted or Subscription Access | ||||
Related URLs: | |||||
Open Access Version: |
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