The Future of Adversarial Criminal Justice in 21st Century Britain

North Carolina Journal of International Law and Commercial Regulation, Vol. 35, p. 320, 2010

Warwick School of Law Research Paper No. 2010/06

45 Pages Posted: 25 Mar 2010 Last revised: 4 Aug 2010

Jacqueline Hodgson

University of Warwick - School of Law

Date Written: March 25, 2010

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?

Keywords: criminal procedure, adversarialism, inquisitorial approach

Suggested Citation

Hodgson, Jacqueline, The Future of Adversarial Criminal Justice in 21st Century Britain (March 25, 2010). North Carolina Journal of International Law and Commercial Regulation, Vol. 35, p. 320, 2010; Warwick School of Law Research Paper No. 2010/06. Available at SSRN: https://ssrn.com/abstract=1578310

Jacqueline S. Hodgson (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
02476 524163 (Phone)
02476 524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/hodgson

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