Adversarial vs inquisitorial systems: is there still such a difference?

The article responds to the common perception that the English system of criminal procedure is 'accusatorial' whilst those in continental Europe are 'inquisitorial' and that these categories are distinct. On closer inspection, what were different traditions have been modified on...

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Bibliographic Details
Published inThe international journal of human rights Vol. 20; no. 5; pp. 601 - 616
Main Author Spencer, John R.
Format Journal Article
LanguageEnglish
Published Abingdon Routledge 03.07.2016
Taylor & Francis Ltd
Subjects
adversarial
Crime
Criminal procedure
criminal process
England
Harmonization
Human rights
inquisitorial
Inspection
Legal procedure
Membership
Traditions
United Kingdom > UK
Europe
ANE, Europe
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Summary:The article responds to the common perception that the English system of criminal procedure is 'accusatorial' whilst those in continental Europe are 'inquisitorial' and that these categories are distinct. On closer inspection, what were different traditions have been modified on both sides, so that pure systems no longer exist. The position on the United Kingdom is further confused in public discussion by equating the European Convention on Human Rights and the United Kingdom's membership of the European Union, with the latter especially being seen in some circles as an unwelcome force for harmonisation.
Bibliography:ObjectType-Article-1
SourceType-Scholarly Journals-1
ObjectType-Feature-2
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ISSN:1364-2987
1744-053X
DOI:10.1080/13642987.2016.1162408