ABSTRACT

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book demonstrates why there is a need for better reflection on the aims, issues and methods of comparative criminal justice. Some sociologists do criticize comparative lawyers for placing too much importance on the complexities of legal texts rather than focusing on the difference rules actually make in practice. The book suggests that an innocent person runs a high risk of miscarriage of justice under very different sets of rules and procedures. It examines classical problem of criminal justice policy – the control of police behaviour – both in the Netherlands and in England and Wales. The book criticizes previous American studies of Japanese prosecutors for assuming that they must broadly share the ideals and goals of American prosecutors. It discusses how far escaping from one's cultural starting point is possible, desirable or inevitable for a long-stay researcher.