1. Cje Karolina Kremens, LL.M., Ph.D. Wojciech Jasiński, Ph.D. Department of Criminal Procedure Faculty of Law, Administration and Economics University of Wrocław Class III CRIMINAL JUSTICE SYSTEMS Criminal Law I

2. Class III CRIMINAL JUSTICE SYSTEMS SCOPE 1.General issues 2.Main stages of criminal proceedings 3.Participants in the criminal process Germany France England United States of America Spain Japan

3. GENERAL ISSUES CRIMINAL JUSTICE SYSTEM system of practices and governmental institutions directed at upholding social control, deterring and mitigating crime or sanctioning those who violate laws with criminal penalties or alternate remedies provided by criminal law

4. GENERAL ISSUES CRIMINAL JUSTICE SYSTEM Models of the Criminal Process Crime Control Due Process Herber Packer, law professor Stanford University (1964-1968)

5. GENERAL ISSUES Crime Control Model 1.the repression of crime should be the most important function of criminal justice – maintaining order 2.concentration on vindicating victims’ right rather than protectng rights of defendants 3.police powers dramatically expanded 4.legal technicalities with regard to police activities should be eliminated 5.the high reliability of police and prosecutorial actions results in factual pressumption of guilt 6.main objective of criminal process – discovery of truth and establishment of the guilt of the accused

6. GENERAL ISSUES Due Process Model 1.providing due process is the most important function of criminal justice 2.concentration on defendants’ rights 3.police powers should be limitted to prevent oppression of the individual 4.criminal justice authorities should be hel accountable to rules, procedures and guidelines to ensure fairness and consistency of criminal justice process 5.procedural safeguards leading to protection of the innocent and conviction of the guilty 6.guilt cannot be established solely upon facts; person should be found guilty only if legal procedures in fact-finding were followed

7. GENERAL ISSUES Due Process Model vs. Crime Control Model

8. STAGES OF CRIMINAL PROCEEDINGS investigation (pre-trial) trial execution of penalty

9. STAGES OF CRIMINAL PROCEEDINGS INVESTIGATION – basic scheme information on possible commitment of a crime initiation of investigation charging decision to prosecute judicial revision of indictment (optional)

10. STAGES OF CRIMINAL PROCEEDINGS TRIAL – basic scheme opening statements presentation of evidence one case approach two case approach closing statement judgment decision on guilt decision on sentence

11. PARTICIPANTS IN THE CRIMINAL PROCEEDINGS INVESTIGATION Police position duties prosecutor (optionally) position duties decision to prosecute judicial involvment in criminal investigation investigative judge (optionally) search, seizure, charging, judicial review

12. PARTICIPANTS IN THE CRIMINAL PROCEEDINGS TRIAL court judge jury (optionally) parties prosecutor defendant other participants witness expert witness victim (distinct approaches)