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Words: | Submitted: Mon Jun 28 2004
... little to smile about". Since we do have a gap between theory and practice, in the following we will discuss how large on earth the gap is. Basically we have two categories of values in criminal justice system: values of substantive justice and values of procedure justice. In order to evaluate how well the procedure justice is operated in practice, we have to judge i) whether the procedure taken is workable to fulfill the substantive justice; ii) how well the procedure is taken to fulfill the substantive justice. Related to these two questions are the two fundamental values of criminal process: crime control value and due process value (Herbert Packer's two value models). Rather than fanatically regarding these two values as opposite to and exclusive of each other, we should realize in theory that these two values could be coherent and compatible. By saying so, I don't mean there is no ...
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