Cardozo Journal of International and Comparative Law
Abstract
The article critically examines the adversarial system in American criminal cases, contrasting it with the inquisitorial system prevalent in many European countries. It argues that while the adversarial system remains a defining feature of U.S. criminal procedure, the inquisitorial system, as a historical concept, no longer exists in its traditional form. The analysis emphasizes the need for nuanced comparative legal scholarship to avoid oversimplification and highlights the cultural and historical contexts shaping these procedural systems.
Disciplines
Evidence | Jurisprudence | Law | Medical Jurisprudence
Recommended Citation
Johannes F. Nijboer,
The American Adversarial System in Criminal Cases: Between Ideology and Reality,
5
Cardozo J. Int'l & Comp. L.
79
(1997).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol5/iss1/8