First, compare and contrast substantive and procedural law. What are they, and which one tends to vary more significantly from one legal tradition/system to the next, and why? Give a specific example of a substantive criminal law issue that varies from one legal system or tradition to the next, and give a specific example of a criminal procedural issue that varies from one legal system or tradition to the next. Second, explain what adjudicatory processing is, and discuss the similarities and differences between adversarial and inquisitorial models of it. How does the role of the accused differ from one model to the other? What roles do defendants, attorneys, and judges hold in each model? How are they similar or different? How does the distinction (or lack thereof) between public and private law impact each model? Next, identify which legal traditions fit each adjudicatory model, and give examples of countries that fall within those legal traditions and models. Why does the Islamic legal tradition exhibit features of both models? What are those mixed features? Lastly, discuss how we can use Packer’s (ideal!) crime control and due process models of the American criminal justice process to better understand the similarities and differences in adversarial and inquisitorial systems around the world. How does the crime control model correspond with inquisitorial processing, and how does the due process model correspond with adversarial processing? Be sure to give specific examples to support your discussion.
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