The Models of Criminal Procedure

Luna, Erik

doi:10.1525/nclr.1999.2.2.389

Cited by 4 publications

(3 citation statements)

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“…Numerous studies have emphasized that wrongful convictions pose a significant challenge to the integrity and legitimacy of the criminal justice system (Colvin, 2009;Gross, 2013;Gross et al, 2005;Findley, 2010;Halsted, 1992;Huff, 2016;Huff et al, 1986;Huff et al, 1996;Kleinert, 2006;Kruse, 2006;Loeffler et al, 2019;Luna, 2005;Medwed, 2005;Ramsey & Frank, 2007;Scheck et al, 2000;Taslitz, 2006;Zalman et al, 2008Zalman et al, , 2012Zalman, 2014). According to Gross (2005), wrongful convictions, also known as exonerations, involve an official declaration that a defendant is not guilty of a crime for which they had previously been convicted.…”

Section: Previous Researchmentioning

confidence: 99%

Perceptions toward wrongful convictions and needed reforms in the criminal justice system: Does working experience in law enforcement matter?

University,

University

et al. 2024

Journal of Qualitative Criminal Justice &Amp; Criminology

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This study proposes to investigate how public views on the wrongful conviction issue are connected with the perceived need for criminal justice reform and whether the professional experience in law enforcement influences these perceptions. This study employs a qualitative research design, deriving its conclusions from the comparative analysis of the survey responses concerning the issue of wrongful convictions and the criminal justice system collected from 45 law enforcement professionals and 35 individuals without such experience. The comparative results reveal that for the respondents without working experience in law enforcement, racial/ethnical bias was one of the most substantial issues of wrongful convictions, while for the respondents with working experience in law enforcement, the main issue was connected to the harmful effect of such cases on the victims, their families, and society. The respondents from both groups believe that there is a need for criminal justice reform, particularly in several specific directions, including the justice system itself, legal defense, policing, investigation, diversity in the justice system, DNA technology, jury selection, training for law enforcement, prosecution, and defense attorney. However, there are notable differences between the groups in their ranking of the focus areas. The differences between the groups with different backgrounds and perspectives on the issue suggest that the development and implementation of the reform initiatives may require tailored approaches to address the specific concerns of each group.

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Section: Previous Researchmentioning

confidence: 99%

Perceptions toward wrongful convictions and needed reforms in the criminal justice system: Does working experience in law enforcement matter?

University,

University

et al. 2024

Journal of Qualitative Criminal Justice &Amp; Criminology

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show abstract

“…The current study examines guilty plea wrongful convictions from a systems perspective. This views the criminal justice system as an organizational system consisting of interrelated, interacting, and independent parts (Doyle, 2010; Luna, 2005). This approach acknowledges that wrongful convictions are not the result of individual or discrete errors, but rather are complex events in which small mistakes combine with each other and with underlying system weaknesses to create a system failure (Doyle, 2010).…”

Section: A Systems Perspectivementioning

confidence: 99%

Factors Contributing to Guilty Plea Wrongful Convictions: A Quantitative Analysis of Australian Appellate Court Judgments

Nash

Dioso-Villa

Porter

2021

Crime & Delinquency

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Criminal defendants can face significant pressures to plead guilty, but wrongful conviction scholarship has largely overlooked the study of guilty pleas. This study content analyzed 139 Australian appellate court judgments in which a guilty plea conviction was overturned, investigating the types of errors involved in these convictions, and the stage of the criminal justice process at which the errors occurred. The findings revealed that errors occurred during the police investigation, pretrial preparations, and formal court procedures, with the most frequent errors involving incorrect or inappropriate charges, inadequate legal representation, and the courts erroneously accepting a guilty plea. The findings raise important implications regarding the adequacy of safeguards to ensure guilty pleas are appropriate or factually and legally accurate.

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“…The direct purpose of criminal law regulation in any modern state is the effective achievement of the criminal justice goals set by society. This criterion should form the basis for the formation of an appropriate procedural mechanism functioning within the boundaries of a certain model of the criminal procedure [1]. Moreover, doctrinal models of the criminal process must be used following the real needs of law enforcement practice.…”

Section: Introductionmentioning

confidence: 99%

The Adversarial System in Criminal Procedure: Norms and Implementation

Borodinova¹,

Borodinov²

2019

IJITEE

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The research is devoted to the analysis of the essence and place of the adversarial system in modern criminal procedure regulation. The existing acute debatability regarding the procedural status of the adversarial system in the criminal procedure law of the Russian Federation necessitates the appeal of scholars to this category. The purpose of identifying the true procedural nature of the adversarial system and the boundaries of its implementation is directly related to the determination of the correct place of this procedural category in the modern system of criminal procedure regulation. The analysis of modern scientific views on the procedural status of the adversarial system indicates the presence of diametrical views on the compliance of the adversarial system with the characteristics of an independent industry-wide principle. A controversial opinion about the extension of the principle of adversarial practice to the pre-trial stages of Russian criminal proceedings is noted. According to the authors, the current law enforcement practice confirms the implementation of the "pure" adversarial system only in the judicial stages of the criminal process. Taking into account the provisions of the Constitution of the Russian Federation and the position of the Supreme Court of the Russian Federation, the work provides an argumentation of the authors’ position on the advisability of changing the status and, accordingly, the place of the adversarial system in the structure of the Code of Criminal Procedure of the Russian Federation from the "industry-wide principle" to the "general condition of the trial".

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The Models of Criminal Procedure

Cited by 4 publications

References 0 publications

Perceptions toward wrongful convictions and needed reforms in the criminal justice system: Does working experience in law enforcement matter?

Perceptions toward wrongful convictions and needed reforms in the criminal justice system: Does working experience in law enforcement matter?

Factors Contributing to Guilty Plea Wrongful Convictions: A Quantitative Analysis of Australian Appellate Court Judgments

The Adversarial System in Criminal Procedure: Norms and Implementation

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