Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds

91 Pages Posted: 4 Mar 2011  

Paul Marcus

William & Mary Law School

Vicki C. Waye

University of South Australia - School of Law

Multiple version iconThere are 2 versions of this paper

Date Written: 2004

Abstract

At first glance the criminal justice systems of Australia and the United States look strikingly similar. With common law roots from England, they both emphasize the adversary system, the role of the advocate, the presumption of innocence, and an appeals process. Upon closer reflection, however, they appear starkly different. From both Australian and U.S. perspectives, the authors explore those differences, examining important features such as the exclusion of evidence, rules regarding interrogation, the entrapment defense, and the open nature of trials. The Article concludes with an analysis of the reasons for those differences, reasons that heavily relate back to the founding of the two nations and the drafting of distinctly dissimilar constitutions.

Keywords: evidence, interrogation, entrapment defense, Australia, United States, comparative law

Suggested Citation

Marcus, Paul and Waye, Vicki C., Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds (2004). Tulane Journal of International & Comparative Law, Vol. 12, No. 1, 2004; William & Mary Law School Research Paper No. 09-79. Available at SSRN: https://ssrn.com/abstract=1773852

Paul Marcus (Contact Author)

William & Mary Law School ( email )

South Henry Street
P.O. Box 8795
Williamsburg, VA 23187-8795
United States
757-221-3900 (Phone)
757-221-3261 (Fax)

Vicki C. Waye

University of South Australia - School of Law ( email )

GPO Box 2471
Adelaide SA 5001
Australia

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