Pub. date: 2007 | Online Pub. Date: September 25, 2007 | DOI: 10.4135/9781412952637 | Print ISBN: 9780761923879 | Online ISBN: 9781412952637 | Publisher:Sage Publications, Inc.About this encyclopedia
Penal Court Procedures, Doctrinal Issues In
Stephen C. Thaman
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 public oral trial often before a panel of lay judges (or jury); and (3) inquisitorial investigation and decision of criminal cases, conducted in its All ...