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dc.contributor.authorCusack, Alan
dc.date.accessioned2017-03-14T16:57:14Z
dc.date.accessioned2017-04-11T09:03:48Z
dc.date.available2017-03-14T16:57:14Z
dc.date.available2017-04-11T09:03:48Z
dc.date.issued2015
dc.identifier.citation

Cusack, A. (2015) 'From Exculpatory to Inculpatory Justice: A History of Due Process in the Adversarial Trial', Law, Crime and History, 5(2), pp. 1-28. Available at: https://pearl.plymouth.ac.uk/handle/10026.1/8922

en_US
dc.identifier.issn2045-9238
dc.identifier.urihttp://hdl.handle.net/10026.1/8922
dc.description.abstract

This paper explores the historical context behind the emergence of the due process value system which lies at the heart of the Anglo-American legal tradition. By demonstrating, in particular, the reformative impact which the emergence of adversarial sensibilities in the late eighteenth century had in relieving the testimonial obligations of an accused, the paper explores the shift which occurred during this period towards an inculpatory model of justice. Significantly, this inculpatory model rejected the pro-prosecutorial bias which had epitomised the pursuit for justice in seventeenth and early eighteenth centuries. Moreover, whereas the antecedent exculpatory justice model was predicated upon the pro-active prosecutorial efforts of the aggrieved victim, this inculpatory programme rejected the victim’s experiential narrative with the State assuming exclusive responsibility for the prosecution of crime. With an accused therefore no longer facing the limited prosecutorial resources of the victim, but rather the unlimited resources of the State, an equality of arms framework emerged to protect his rights. Resulting in a re-configuration of courtroom relations and an elevation of evidential standards, this equality of arms framework prompted the birth of our adversarial legal dynamic and cultivated some of the most important due process values which lie at the heart of our modern trial process.

en_US
dc.language.isoenen_US
dc.publisherUniversity of Plymouth
dc.rightsAttribution 4.0 International (CC BY 4.0)*
dc.rights.urihttps://creativecommons.org/licenses/by/4.0/*
dc.subjectCriminal Processen_US
dc.subjectAdversarialismen_US
dc.subjectLegal Historyen_US
dc.subjectCriminal Lawen_US
dc.subjectDue Processen_US
dc.subjectthe Adversary Processen_US
dc.subjectCriminologyen_US
dc.titleFrom Exculpatory to Inculpatory Justice: A History of Due Process in the Adversarial Trialen_US
dc.typeArticleen_US
dc.typeArticle
plymouth.issue2
plymouth.volume5
plymouth.journalSOLON Law, Crime and History


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Attribution 4.0 International (CC BY 4.0)
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