NCJ Number
240415
Journal
International Journal of Comparative and Applied Criminal Justice Volume: 36 Issue: 3 Dated: August 2012 Pages: 229-244
Date Published
August 2012
Length
16 pages
Annotation
This paper primarily examines the philosophical foundations of inquisitorial and adversarial systems, and theories of the policymaking process.
Abstract
The Italian Code of Criminal Procedure underwent extraordinary reform in 1988, from an established inquisitorial system to incorporate key elements of adversarialism. This reform sought to create greater separation of powers and efficiency of the trial system. Two decades on, Italian criminal trials continue to be overly protracted, and struggle with maintaining independence of the judiciary (particularly a distinct separation from the prosecutorial arm). This paper primarily examines the philosophical foundations of inquisitorial and adversarial systems, and theories of the policymaking process. It develops a theoretical framework for understanding the transformation of the Italian trial system, and the challenges that have resulted from combining two divergent approaches to criminal justice. Various important lessons are drawn for criminal justice community, as many jurisdictions are engaging in similar convergence of these systems as a result of global influence and change. Abstract published by arrangement with Taylor and Francis.