Full Description
This book tackles the growing issues concerning the managerialism and bureacratisation of criminal justice systems across a number of jurisdictions. Here, managerialism means the move towards more standardised, bureaucratic and efficiency-driven systems, influenced by a desire to ensure predictability, control risks and, ultimately, economic savings via a more efficient process. The volume explores the phenomenon of managerialism in selected national criminal legal systems, covering all stages of criminal case processing from arrest to the imposition of sanction. The selected countries represent diverse socio-economic, political, cultural and legal traditions including common law, civil law, mixed common and civil law and post-Soviet tradition. The book engages with a variety of relevant theoretical concepts, such as fairness, rationality, efficiency and legitimacy. The authors critically examine whether and to what extent the trend towards managerialism is indeed discernible, and what are its likely effects in the given national criminal legal systems. The book will be of interest to students, researchers and practitioners working in the areas of comparative criminal justice and procedure.
Contents
Acknowledgements
List of contributors
Table of Cases
Table of Legislation
List of Abbreviations
Foreword
The move towards efficiency and managerialism in criminal justice: A global phenomenon
ANNA PIVATY AND ED JOHNSTON
1 Judging the offender: French criminal justice culture and the challenges of McDonaldization
LAURÈNE SOUBISE
2 New Public Management in the Dutch criminal justice chain: the effects of stratification and automation in out-of-court proceedings
JOEP LINDEMAN AND NINA HOLVAST
3 Introducing abstaining from prosecution and plea bargaining in Greece: Reforms towards the quest for efficiency
CHARA CHIONI-CHOTOUMAN
4 Bureaucratising criminal convictions in China
ENSHEN LI
5 'Through the back door': Defence perspectives on the rise of managerialism at the expense of adversarial justice
ED JOHNSTON & TOM SMITH
6 New Public Management and the role of the Dutch trial judge: a critical appraisal of the possible impact
ANNA PIVATY AND MARIEKE DUBELAAR
7 Domestic Abuse Cases and Packer's Conundrum: Managing Risk
EMMA FORBES
Bibliography
Index
