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date: 21 August 2019

Abstract and Keywords

This chapter examines the fundamental values that ought to inform criminal procedure. More specifically, it considers what we ideally should want from the rules and procedures that exist in legal jurisdictions throughout the world. Three fundamental values are discussed—human dignity, truth, and fairness—and the ways in which they can be upheld or subverted by criminal justice practices. Illustrations are drawn primarily from the United States, but reference is also made to criminal procedure in other countries, including those in the civil law tradition. The article concludes by analyzing two further candidates for inclusion on the list of fundamental values of criminal procedure: the “effectiveness” of criminal procedure and the value of “expertise” that highlights the distinction between the common law and civil law traditions.

Keywords: fundamental values, criminal procedure, human dignity, truth, fairness, criminal justice, effectiveness of criminal procedure, expertise, common law, civil law

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