The John Wayne and Judge Dee Versions of Justice
In the previous chapters it has been demonstrated that quite a few differences exist between the adversarial criminal justice system as it is commonly practiced in the United States and the form of inquisitorial system as it is practiced in the Netherlands.1 It has been argued that these systems are somewhere at opposite extremes of the adversarial-inquisitorial continuum (Nijboer, 2000b; Toornvliet, 2000). In his chapter in the present volume Hans Crombag noted “that the question which of the two models is the better one, is unanswerable, because they do not serve the same (proximate) goals.” Although “the ultimate goal of both systems is… to serve justice,” Crombag argued that “in the inquisitorial model truth itself is the proximate goal of the system,” while “fair play is the proximate goal of the adversarial model.”
KeywordsCriminal Justice System Dutch Society Defense Attorney Appellate Court Sentencing Guideline
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