STRUCTURES OF AUTHORITY AND COMPARATIVE CRIMINAL PROCEDURE

• NCJ Number: 25361
• Journal: Yale Law Journal Volume: 84 Issue: 3 Dated: (JANUARY 1975) Pages: 480-544
• Author(s): M Damaska
• Date Published: 1975
• Length: 65 pages
• Corporate Author: Yale University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

COMPARISON OF THE TWO SYSTEMS OF CRIMINAL PROCEDURE OPERATING IN THE WESTERN WORLD EXPLAINING THE DIFFERENCES IN TERMS OF ADHERENCE TO EITHER THE HIERARCHICAL OR COORDINATE MODELS OF AUTHORITY STRUCTURE.

Abstract

THE HIERARCHICAL MODEL OF AUTHORITY IS OUTLINED AND USED TO ILLUMINATE SALIENT ASPECTS OF THE CONTINENTAL PROCEDURAL SYSTEM. THE COORDINATE MODEL IS SKETCHED AND ITS EXPLANATORY POWER IS DEMONSTRATED BY CONSIDERING ACTUAL ANGLO-AMERICAN CRIMINAL PROCESSES. THE TWO SYSTEMS ARE SHOWN TO DIFFER SIGNIFICANTLY IN THE EXTENT OF CENTRALIZATION OF AUTHORITY, DEGREE OF RIGIDITY, CHOICE BETWEEN DETERMINATIVE AND FLEXIBLE RULES, THE IMPORTANCE ATTACHED TO FORMALITY AND DOCUMENTATION, AND THE TYPES OF BEHAVIOR EXPECTATIONS HELD BY GOVERNMENT OFFICIALS. THE CONNECTION BETWEEN AUTHORITY STRUCTURES AND CRIMINAL STYLES IS EXAMINED. SOME FUNDAMENTAL CONCEPTUAL RELATIONSHIPS THAT LINK CERTAIN POLITICAL IDEOLOGIES AND PARTICULAR FORMS OF CRIMINAL JUSTICE SYSTEMS ARE SUGGESTED.