ABSTRACT

Criminal Justice Reform The quickening pace of criminal justice reform means that, over the next few years, all nations will face important choices in the development of their criminal procedures. As I have attempted to show, reform without awareness of our collective history or of the experience of other nations may lead us back down exactly the same paths of oppressive, ineffectual or merely populist justice, which have disfigured our past. The aim of this final chapter is to suggest some guiding principles of criminal justice reform which can be derived from an examination of our previous successes and failures. I will argue above all that two principles, one negative and one positive, emerge from this discussion. The first is the rejection of universality and the second is the principle of respect for the constructive aspects of our procedural inheritance.