ABSTRACT

Through the interrogation of common law trial transcripts similar in form and content to those reviewed in Chapter 4, we take the comparative investigation of trial decisions one context further. The common law referent is selected as the other major procedural influence on the internationalization of criminal justice. 1 Reflecting on the issues emerging from the Italian experience (and the application of our analytical model), this chapter employs structural and integrated process levels 2 of analysis in order to speculate on crucial components and variants trial process to trial process, and within each trial context. These themes have emerged in Chapter 4 and will be compared with the decision-making narrative declared through English judgements. The model of trial decision-making is also tested to see if there are some common levels of significance in the apparent pathways of influence described or suggested in the narrative.