Perspectives on Adversarial and Inquisitorial Criminal Procedure

Analyzing the evolving nature of core features of adversarial and inquisitorial processes in an applied and dynamic way, this chapter examines the two traditions through a variety of lenses and contexts. Beginning with the organizing principles of both traditions, it examines how jurisdictions have adapted their procedures with the common ambition of avoiding a contested trial. Adopting an external standpoint, it then analyzes the adversarial tradition’s association with individual rights, fairness, and transparency, and its resulting appeal to systems seeking to move away from a more state-dominated process. It then examines the ways that different procedural values play out within the context of international criminal justice, concluding with an analysis of contemporary pan-European influences on criminal procedure and the challenges in developing common criminal justice values and standards of fair trial through the ECtHR and the EU that often run counter to domestic trends.