Comparing and Contrasting American, English and French Legal Systems

In each country, those codes are themselves the products of, and operate within, broader historical and constitutional frameworks.

Anglo-American Heritage. In making such(prenominal) determinations, a balance must be achieved between defend the rights of the accused and the interests of the state and society. Over the centuries, criminal procedure in England, the United States and other countries, which have generally adhered to English principles of jurisprudence, was base in large part, according to Fellman, on "solicitude for the rent of one accused of a crime." Protection of the rights of criminal defendants evolved source in the royal courts and was enforced through judge-made common right decisions. At their core was the presumption of innocence and notions of procedural righteousness or due process of law. The primacy of the rule of law was epitomized by Chancellor Coke's statement to King James I in the early 17th century that "the king is not lawsuit to anyone, but God and the law." Former Justice Felix Frankfurter of the American Supreme Court said that "the history of liberty has largely been the history of the observance of procedural safeguards.

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The presumption of innocence, the r

David Wolchover & Anthony Heaton-Armstrong, Question and Identification: Changes Under P.A.C.E. '95, Criminal L. Rev. 356-370 (May 1995).

mo period, to the prosecutor who may authorize in

Carey Steinberg, 'Justice Delayed Is Justice Denied' The shout of Pre-Arraignment Delay, 9 New York Law School J. of Human Rights 403-433 (Spring 1992).

C. F. Bazell, divisional Court Warrants of Future Detention, 52 J. of Criminal Law 1-3 (Feb. 1988).

the pursuit cases and in accordance with a procedure

Code of ProcTdure PTnale, (1808), Arts. 144 and 312 (1992) Arts. 5-16, 53, 63, 77 and 137 (1992).

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