Penal Court Procedures, Doctrinal Issues In

There always has been a multiplicity of penal court procedures. The differences in how criminal wrongdoings are unraveled and settled often depend on the mode of their commission, the relationship between victim and perpetrator, and the seriousness of the offense. Three models for the resolution of conflicts arising from criminal wrongdoings have their roots in ancient procedures, roots that have perhaps been common to all cultures. All resolution models are attempts to avoid the primordial response to criminal wrongdoing: self-help and, in the case of homicide, blood revenge. All are relevant in understanding modern criminal procedure. The three procedural models are: (1) consensual semiprivate resolution of the conflict through negotiations between victim or prosecutor and the accused; (2) adversarial resolution of the dispute in a ...

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