NCJ Number
15831
Date Published
1972
Length
24 pages
Annotation
THEORETICAL DISCUSSION OF HOW LEGAL PRINCIPLES AND IDEAS OF JUSTICE ARE EMBODIED IN THE CRIMINAL LAW AND THE IMPORTANCE OF THE LAWYER'S FUNCTION IN THE CONFRONTATION BETWEEN ACCUSER AND ACCUSED.
Abstract
THE AUTHOR DISCUSSES, AMONG OTHER THINGS, THE EMPHASIS IN 18TH AND 19TH CENTURY CONSTITUTIONS ON PROTECTING THE INDIVIDUAL AGAINST OPPRESSION BY THE STATE AND THE MORE RECENT SWING TO AN EMPHASIS ON PROTECTING SOCIETY AGAINST CRIME AND CRIMINALS. HE STATES THAT THE DEGREE TO WHICH THE CONCEPT OF JUSTICE IS PRESENT IN CRIMINAL LAW IS DETERMINED BY THE EXTENT TO WHICH IT IS ORIENTED TOWARD AUTONOMOUS PRINCIPLES REGARDING SOCIAL CONTROL, MAINTENANCE-OF-ORDER AND CRIME-FIGHTING FUNCTIONS AND THE USE OF THE ADVERSARY PRINCIPLE IN TRIALS BY MEANS OF WHICH THE STATE WANTS TO PUT THESE FUNCTIONS INTO EFFECT. HE DISCUSSES THREE PROBLEMS WHICH, HE SAYS, TAKEN TOGETHER, COVER THE QUESTION OF THE LEGAL NATURE OF THE CRIMINAL LAW. THEY ARE THE QUESTION OF THE AUTONOMOUS LEGAL CONTENT OF CRIMINAL LAW AS REGARDS CONTROL, MAINTENANCE-OF-ORDER AND DIRECTION PURPOSES, THAT OF THE DESIRABILITY AND POSSIBILITY OF A STRUCTURE OF THE ADMINISTRATION OF JUSTICE INVOLVING THE ADVERSARY PRINCIPLE AND THAT OF THE SIGNIFICANCE OF AUTONOMOUS PRINCIPLES OF JUSTICE AND LEGAL VALUES IN THE ADMINISTRATION OF JUSTICE AND IN OUR LEGAL CULTURE IN GENERAL. THESE PROBLEMS ARE MUTUALLY CLOSELY INTERWOVEN AND INTERDEPENDENT. --IN DUTCH