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Adjudicative Criminal Procedure: A Comparative Approach (w/ Connected eBook with Study Center) (Instant Digital Access Code Only)

  • Edition : 1st ed., 2025
  • Author(s) : Thaman

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    • ISBN: 9798892070843
    • SKU: 10349
    • Condition: New
    • Format: Paperback/Access Code

    $257.29

    List Price: $268.00

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    • SKU: 10349E
    • Format: Paperback/Access Code

    $201.00

    List Price: $268.00

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Adjudicative Criminal Procedure: A Comparative Approach, First Edition picks up Chapters 1 and 10 through 18 from the author’s casebook, Criminal Procedure: A Comparative Approach, First Edition. It explores the full “due process” criminal trial with all the guarantees afforded in the U.S. by the Sixth Amendment rights to a speedy trial by an impartial jury representing a fair cross-section of the community. Included in these rights are the defense’s right to confront and cross-examine the witnesses in open court and the due process rights to pretrial release, discovery, the presumption of innocence, and proof beyond a reasonable doubt. The Sixth Amendment is compared with Article 6 of the European Convention on Human Rights, which is virtually identical except for the right to jury trial.
 
The book also focuses on the disappearance of the full “due process” trial due to more or less coercive forms of plea bargaining, which compel both the guilty and innocent to give up all of their trial rights. It shows how the classic jury trial in the U.S. is distinguished from most other European countries in its approach to the presentation and evaluation of evidence, its stance on the right to confrontation and admissibility of hearsay, its rejection of reasoned judgments, and its approach to double jeopardy and the finality of judgments. Particular emphasis is placed on the difficulty in ensuring impartial juries in the U.S. and on how the rules of trial and evidence fail to prevent the conviction of the innocent.