Ramadan Lukman (Ramiiz): MWU LAW STUDENT.

My Notes on Criminal Procedure.

CHAPTER ONE GENERAL OVERVIEW.

This chapter provides a foundational understanding for discussions on various aspects of criminal
procedure. It examines both the theoretical and legal foundations of criminal procedure, offering insights
into global and Ethiopian trends in criminal procedure from historical perspectives. Key elements
covered include:

 Models of Criminal Justice: Overview of different frameworks used globally.

 Major Criminal Justice Systems: Examination of the world's primary criminal justice systems and
their structural components.

This foundational chapter sets the stage for a deeper exploration of criminal procedure across different
jurisdictions.

Overview of Criminal Procedure and Due Process in Criminal Law

Criminal procedure refers to the rules governing the mechanisms by which crimes are
investigated, prosecuted, adjudicated, and punished. This includes protecting the constitutional
rights of accused individuals throughout the process. Criminal procedure is integral to ensuring
due process, which is divided into two primary categories: substantive due process and
procedural due process.

Substantive Due Process

Substantive due process addresses the content or subject matter of laws, protecting individuals
from laws that are unreasonable, arbitrary, or capricious. This principle is crucial in preventing
overly vague or broad laws that fail to define prohibited conduct clearly. The void-for-vagueness
doctrine is an example, where the courts strike down laws that lack clarity.
Example: In Buck v. Bell (1927), the Supreme Court upheld a Virginia law allowing the
sterilization of individuals deemed "mentally defective," asserting it was in society’s interest.
This law was later heavily criticized for its lack of fairness and clear standards. Similarly, in
Skinner v. Oklahoma (1942), the Supreme Court ruled against Oklahoma’s Habitual Criminal
Sterilization Act, finding it violated substantive due process and equal protection by selectively
targeting certain types of offenses.
Procedural Due Process
Procedural due process is concerned with the methods and procedures required before the
government can deprive an individual of life, liberty, or property. Key elements include fair
notice, a hearing, the opportunity to present a defense, an impartial tribunal, and an overall
atmosphere of fairness.
Example: In United States v. Valdovinos-Valdovinos, the INS used entrapment through a “cold
line” operation, luring Mexican nationals into illegal immigration by offering jobs and
reimbursement for smuggling. The court deemed this process a violation of due process, as it
involved generating crimes solely to prosecute them, highlighting the importance of procedural
fairness.

The Nature and Development of Criminal and Civil Law

Early criminal law was minimal, addressing only severe offenses like witchcraft and incest. For
crimes such as homicide, rape, and theft, the remedy was self-help, where victims or their kin
sought compensation directly from the offender. However, as society evolved, the concept of
criminal law shifted towards public accountability. Initially, only victims were entitled to redress,
but by the twelfth century, communities and eventually the king began to see criminal acts as
"public wrongs." A grand jury, representing the community, prosecuted offenders, marking the
shift to a system where crime impacted society as a whole.
Civil law, on the other hand, is a codified system, originating in Roman law and evolving through
the Napoleonic Code and the German Civil Code. Civil law is characterized by written codes that
are intended to be clear and accessible, covering all scenarios without deviating far from
societal customs. Unlike criminal law, civil law primarily addresses private disputes rather than
offenses against society.
Example: In early law, a murder would have required the victim’s family to seek compensation
directly from the perpetrator. In contrast, under modern criminal law, the state prosecutes the
murderer on behalf of society.

Flashcards
1. Q: What was the primary form of remedy for crimes such as homicide or theft in
primitive law?
A: Self-help, where the victim or their kin sought direct compensation from the
wrongdoer.
 2. Q: When did criminal acts begin to be seen as offenses affecting society as a whole
rather than just the victim?
A: By the end of the twelfth century, when the community and king assumed
responsibility for criminal justice.
3. Q: What distinguishes civil law from criminal law?
A: Civil law deals with private disputes through codified systems, while criminal law
addresses public wrongs affecting society.
4. Q: What are two key historical sources of civil law?
A: The Napoleonic Code of France and the German Civil Code.

Multiple-Choice Questions
1. What was the initial remedy for serious crimes in primitive law?
o A) Government-imposed penalties
o B) Court trials
o C) Self-help by victims or their kin
o D) Payment by the state
o Answer: C) Self-help by victims or their kin
2. In what century did the community and the king begin to take responsibility for criminal
justice?
o A) Tenth century
o B) Eleventh century
o C) Twelfth century
o D) Thirteenth century
o Answer: C) Twelfth century
3. Which of the following is NOT a characteristic of civil law?
o A) Originating from codified systems like the Napoleonic Code
o B) Dealing with public wrongs
o C) Governing private disputes
o D) Foundational in Western Europe
o Answer: B) Dealing with public wrongs
The Development of Criminal Procedure
Common law, primarily based on precedent, has historically addressed both private and criminal
matters. In the 18th century, William Blackstone compiled English laws into "Blackstone’s
Commentaries," an essential reference that organized and updated the common law. This
tradition influenced criminal procedure in areas like habeas corpus and rights of the accused,
which were later codified in the U.S. Constitution’s Fourth, Fifth, Sixth, and Eighth Amendments.
The focus on procedure in U.S. courts, rooted in English common law, often seems rigorous to
those from civil law countries.
Example: The principle of habeas corpus, where an accused person must be presented to a
judge to justify their detention, originates from common law and was later incorporated into
the U.S. Constitution.

Flashcards
1. Q: Who compiled English laws into a single reference work in the 18th century? A:
William Blackstone.
2. Q: What constitutional amendments in the U.S. reflect criminal procedure rules from
English common law? A: The Fourth, Fifth, Sixth, and Eighth Amendments.
3. Q: What does the common law principle of habeas corpus ensure? A: It ensures that an
accused person is presented before a judge to justify their detention.
4. Q: How did English common law influence criminal procedure in the U.S.? A: It provided
foundational rules, such as protections for the accused, that were later codified in the
U.S. Constitution.

Multiple-Choice Questions
1. Who was responsible for organizing English common law into "Commentaries"?
o A) Oliver Cromwell
o B) William Blackstone
o C) John Locke
o D) Thomas Hobbes
o Answer: B) William Blackstone
 2. Which legal document incorporated many criminal procedure rules from English
common law?
o A) U.S. Constitution
o B) Magna Carta
o C) Code of Hammurabi
o D) Roman Twelve Tables
o Answer: A) U.S. Constitution
3. The principle of habeas corpus requires:
o A) Immediate release of the accused
o B) Public trial within a week
o C) Presenting the accused before a judge to justify detention
o D) A jury trial in all cases
o Answer: C) Presenting the accused before a judge to justify detention

Criminal Procedure and Human Rights

Crimes disrupt social harmony and require legal action to restore order while safeguarding
human rights. Law is divided into substantive law, which defines rights and liabilities, and
adjective law, which includes procedure and evidence laws necessary for enforcement. Criminal
procedure, a branch of adjective law, outlines processes for detection, investigation,
prosecution, and punishment of offenders while protecting the rights of the accused.
Criminal cases impact human rights significantly, as they can involve restrictions on privacy,
movement, and liberty, and may lead to severe penalties like imprisonment or the death
penalty. This differs from civil cases, where consequences are usually monetary. Criminal
procedure aims to balance law enforcement with human rights protection, emphasizing the
importance of due process—a constitutional principle upholding rule of law by ensuring that no
deprivation of life, liberty, or property occurs without legal process.
Over time, the approach to crimes evolved from self-help and private compensation to
recognizing crimes as public wrongs. Governments now prosecute offenders, and criminal
procedure rules have developed to protect the rights of suspects and defendants. These rules
ensure that human rights are respected throughout the criminal justice process.
Example: In criminal cases, due process demands a fair trial, protecting the accused from unfair
imprisonment or penalties, and ensuring the right to be heard.

Flashcards
1. Q: What are the two main divisions of law? A: Substantive law (defines rights, duties,
and liabilities) and adjective law (includes procedural and evidence laws).
2. Q: How does criminal procedure relate to human rights? A: It regulates law enforcement
processes and protects the rights of suspects, ensuring no human rights are restricted
without due process of law.
3. Q: What is "due process of law"? A: A principle ensuring no one is deprived of life,
liberty, or property without fair legal procedures.
4. Q: How did the perception of crimes change in society over time? A: Crimes shifted from
private wrongs to public wrongs, leading to government responsibility for prosecution
and protection of rights.

Multiple-Choice Questions
1. Which type of law defines rights, duties, and liabilities?
o A) Procedural law
o B) Evidence law
o C) Substantive law
o D) Constitutional law
o Answer: C) Substantive law
2. What is the main purpose of criminal procedure?
o A) To ensure financial compensation
o B) To regulate law enforcement processes and protect the rights of suspects
o C) To impose strict punishments on offenders
o D) To avoid due process of law
o Answer: B) To regulate law enforcement processes and protect the rights of
suspects
3. How did early societies view crimes?
 o A) As public wrongs
o B) As civil liabilities
o C) As private wrongs requiring self-help
o D) As unpunishable acts
o Answer: C) As private wrongs requiring self-help

Discussion Questions and Responses

1. Distinguish between criminal law and procedure.
o Response: Criminal law refers to the body of statutes that define specific
offenses, punishments, and the rights of individuals within the criminal justice
system. In contrast, criminal procedure encompasses the rules and guidelines
that govern the processes through which criminal laws are enforced, including
the methods of investigation, arrest, trial, and appeal.
2. What is the nexus between criminal procedure and constitutional law?
o Response: Criminal procedure is inherently linked to constitutional law as it
operates within the framework set by the constitution, particularly regarding the
protection of individual rights. Constitutional law provides the foundational
principles that govern the rights of the accused, ensuring that procedures align
with due process, equal protection, and other constitutional guarantees.
3. What is due process of law?
o Response: Due process of law is a constitutional guarantee that ensures fair
treatment through the normal judicial system. It encompasses both substantive
due process, which protects fundamental rights, and procedural due process,
which ensures fair procedures when the government seeks to deprive an
individual of life, liberty, or property.
4. Compare and contrast criminal procedure and due process of law.
o Response: While criminal procedure involves the specific steps and processes
that law enforcement and judicial systems must follow when enforcing criminal
laws, due process of law is a broader concept that ensures that these processes
respect individuals' rights. Criminal procedure must adhere to due process
principles to ensure fairness and justice throughout the legal proceedings.
5. “Substantive due process refers to the content or subject matter of a law.” Explain.
o Response: Substantive due process focuses on the actual laws themselves,
ensuring that they do not violate fundamental rights and liberties. This means
that laws must be fair, reasonable, and just, addressing essential freedoms such
as the right to privacy or the right to marry. Courts may strike down laws that
infringe upon these rights, regardless of the procedures used to implement
them.
6. “…procedural due process is concerned with the notice, hearing, and other procedures
that are required before the life, liberty, or property of a person may be taken by the
government.” Discuss.
o Response: Procedural due process mandates that individuals receive fair notice
of legal proceedings and an opportunity to be heard before any action that could
impact their rights is taken. This includes the right to an attorney, the right to
present evidence, and the right to a fair trial. It ensures that legal processes are
followed and protects against arbitrary government actions.
7. Explain the distinction between substantive and procedural due process of law in
relation to the pertinent provisions of the FDRE Constitution, the CC, and CPC.
o Response: The Federal Democratic Republic of Ethiopia (FDRE) Constitution
outlines both substantive and procedural due process rights. Substantive due
process is reflected in provisions protecting fundamental rights such as the right
to life and freedom from discrimination. Procedural due process is evident in
laws ensuring fair trial rights and the requirement for proper legal procedures, as
specified in the Criminal Code (CC) and Criminal Procedure Code (CPC), which
delineate the rights of defendants during criminal proceedings.
8. Is criminal procedure a means or an end?
o Response: Criminal procedure serves primarily as a means to achieve justice and
enforce criminal law. It is designed to facilitate the fair and efficient
administration of justice, ensuring that the rights of all parties are respected
throughout the criminal justice process.
9. Describe the role of criminal procedure in the promotion of rule of law.
o Response: Criminal procedure plays a critical role in upholding the rule of law by
ensuring that laws are applied consistently and fairly. It establishes the
framework within which legal rights are protected and enforced, holding law
enforcement accountable and preventing abuses of power. By adhering to
established procedures, the legal system fosters public confidence in justice.
10. What is the purpose of criminal procedure?
 o Response: The purpose of criminal procedure is to outline the methods and
processes through which criminal laws are enforced, ensuring that justice is
served while protecting the rights of individuals. It aims to balance effective law
enforcement with the need for fairness and accountability in the criminal justice
system.
11. What is the significance of studying the history of criminal procedure?
o Response: Understanding the history of criminal procedure provides valuable
insights into the evolution of legal principles, the development of rights, and the
societal values that have shaped modern justice systems. It highlights the
progress made in protecting human rights and informs current legal practices and
reforms.
12. Describe the development of criminal procedure and identify the major differences
between primitive and modern criminal justice systems.
o Response: The development of criminal procedure has transitioned from
primitive systems, which relied heavily on self-help and vengeance, to modern
systems emphasizing state responsibility for prosecution and the protection of
individual rights. Key differences include the shift from private retribution to
public prosecution, the establishment of formal legal procedures and standards
for evidence, and the recognition of the rights of the accused, including fair trial
guarantees and protections against unlawful detention.

Sources of Criminal Procedure Rules

The sources of criminal procedure in England are primarily derived from various Acts of
Parliament, with around 150 Acts impacting this area of law. Significant constitutional statutes
include the Magna Carta (1215), the Bill of Rights Act (1688), and the Human Rights Act (1998),
although these can be amended or repealed by Parliament. Key areas of criminal procedure
regulated by legislation include:
 Court Structure and Proceedings: Governed by acts like the Criminal Appeal Act (1968)
and the Supreme Court Act (1981).
 Judicial Appointment: Managed by the Justices of the Peace Act (1997) and the
Supreme Court Act (1981).
 Public Prosecutor’s Powers: Established by the Prosecution of Offences Act (1985) and
Criminal Justice Act (1987).
  Jurors and Juries: Regulated by the Juries Act (1974).
 Police Powers: Defined in the Police and Criminal Evidence Act (1984).
In addition to primary legislation, detailed rules of criminal procedure are established through
delegated legislation and various court rules. Case law plays a crucial role in interpreting
statutory provisions and regulating areas such as abuse of process and the law of evidence.
Example:
An example of how English criminal procedure operates can be seen in the way police powers
are outlined in the Police and Criminal Evidence Act 1984 (PACE), which provides guidelines for
the investigation of offences.

Flashcards
1. Flashcard 1
Q: What is the primary source of English criminal procedure?
A: Acts of Parliament.
2. Flashcard 2
Q: Name a key statute that provides guidelines for police powers in England.
A: Police and Criminal Evidence Act 1984 (PACE).
3. Flashcard 3
Q: Which Act is associated with the rights incorporated from the European Convention
on Human Rights in English law?
A: Human Rights Act 1998.
4. Flashcard 4
Q: What role does case law play in criminal procedure?
A: It interprets statutory provisions and regulates areas of criminal procedure.

Multiple Choice Questions

1. What is the status of the Magna Carta in English law?
A) It is entrenched and cannot be repealed.
B) It has constitutional significance but can be repealed by Parliament.
C) It is the primary source of criminal procedure.
Correct Answer: B) It has constitutional significance but can be repealed by Parliament.
2. Which Act governs the appointment and powers of public prosecutors in England?
A) The Juries Act 1974
B) The Prosecution of Offences Act 1985
 C) The Police Act 1996
Correct Answer: B) The Prosecution of Offences Act 1985.
3. Which of the following is a major source of delegated legislation in English criminal
procedure?
A) The Police and Criminal Evidence Act
B) Court rules from the Rules Committees
C) The Criminal Procedure and Investigations Act
Correct Answer: B) Court rules from the Rules Committees.

The Constitutionalization of Criminal Procedure

(b) The Constitution and Criminal Procedure
The U.S. Constitution initially included few provisions regarding criminal law, but the addition of
the Bill of Rights significantly impacted the criminal justice process. Of the 27 guarantees in the
first eight Amendments, 15 focus on criminal justice, including:
 Fourth Amendment: Protects against unreasonable searches and seizures and sets
conditions for warrants.
 Fifth Amendment: Requires grand jury indictments for infamous crimes, prohibits
double jeopardy, and protects against self-incrimination.
 Sixth Amendment: Ensures rights in criminal prosecutions, including a speedy and public
trial, impartial jury, notice of accusations, confrontation of witnesses, compulsory
process for favorable witnesses, and assistance of counsel.
 Eighth Amendment: Prohibits excessive bail, excessive fines, and cruel and unusual
punishment.
The Fifth Amendment's due process clause includes the criminal justice process, prohibiting the
deprivation of life, liberty, or property without due process.
The Constitution's impact on criminal justice heavily relies on judicial interpretation. The
Supreme Court's adoption of specific interpretations has led to substantial constitutional
regulation in criminal procedures.
(c) Constitutionalization and Judicial Interpretation
Two key developments allowed the Supreme Court to establish extensive constitutional
regulation in criminal procedures:
1. Application to State Proceedings: Most criminal prosecutions occur at the state level.
The Constitution's criminal procedure provisions needed to apply to both federal and
 state systems. This was achieved through the Fourteenth Amendment's due process
clause and the Warren Court's selective incorporation doctrine in the 1960s.
2. Expansive Interpretations: Broad interpretations of individual guarantees were
essential. For instance, the Fifth Amendment's self-incrimination clause can be
interpreted narrowly (prohibiting defendant testimony at trial) or expansively
(prohibiting any compelled testimony that could incriminate the accused). The Supreme
Court has often opted for expansive interpretations to safeguard individual rights.
The Warren Court era marked a significant increase in expansive interpretations of
constitutional guarantees. However, the Supreme Court's approach has varied over the years,
with shifts in interpretation reflecting changes in its composition.
Example
For instance, the Supreme Court interpreted the Fifth Amendment's self-incrimination clause
broadly, ruling that it protects a defendant's right not to testify at trial and prohibits the use of
coerced confessions obtained through threats or improper interrogation.

Flashcards
Flashcard 1: Q: What role does the Bill of Rights play in the U.S. Constitution regarding criminal
justice? A: It includes 15 guarantees specifically aimed at the criminal justice process, shaping
individual rights against governmental power.
Flashcard 2: Q: What is the significance of the Fourth Amendment? A: It protects against
unreasonable searches and seizures and sets specific conditions for the issuance of warrants.
Flashcard 3: Q: What doctrine did the Warren Court adopt in the 1960s to apply Bill of Rights
guarantees to the states? A: The selective incorporation doctrine, which uses the Fourteenth
Amendment's due process clause.
Flashcard 4: Q: How does the Supreme Court's interpretation of the self-incrimination clause
illustrate expansive interpretation? A: It prohibits not just defendant testimony at trial but any
compelled testimony in other proceedings that could lead to self-incrimination.

Multiple Choice Questions

1. Which Amendment requires a grand jury indictment for infamous crimes?
o A) Sixth Amendment
o B) Fourth Amendment
o C) Fifth Amendment
 o D) Eighth Amendment
Answer: C) Fifth Amendment
2. The Warren Court is primarily associated with which of the following?
o A) Narrow interpretations of the Bill of Rights
o B) Expansive interpretations of criminal procedure guarantees
o C) The establishment of federal criminal laws
o D) The abolishment of state criminal laws
Answer: B) Expansive interpretations of criminal procedure guarantees
3. What is the impact of the selective incorporation doctrine?
o A) It allows states to ignore federal constitutional guarantees.
o B) It applies federal constitutional provisions to state criminal proceedings.
o C) It limits the scope of the Bill of Rights.
o D) It creates a unified federal criminal justice system.
Answer: B) It applies federal constitutional provisions to state criminal
proceedings.

Summary Note
A source of law encompasses both the legally competent authorities that enact it and the
formal sources where legal provisions are found, reflecting two interconnected aspects of law.
The sources of criminal procedure laws in various countries, including Ethiopia, highlight the
significance of a nation’s political and legal context.
In the United Kingdom, parliamentary sovereignty allows the enactment of laws that can limit
constitutional protections for the accused, despite the absence of a formally written
constitution. Historical documents like the Magna Carta embody principles of due process, and
various laws collectively shape the criminal procedure principles akin to modern constitutional
frameworks.
France's sources of criminal procedure include the constitution, legislation, and constitutional
court decisions, reflecting a uniformity in criminal procedures due to its unitary state structure.
Conversely, countries like Germany and the United States, with federal systems, showcase a
more complex interplay of laws across different governmental tiers. In Germany, sources include
the Basic Law (constitution), federal statutes, and state laws, while in the United States, the
federal and state levels involve both federal and state constitutions, legislations, and case law.
Ethiopia's FDRE Constitution adopts a federal system, but ambiguities exist regarding the
jurisdiction of the federal and regional governments in enacting and enforcing criminal laws.
While the federal government is empowered to enact criminal laws, regions may legislate on
matters not covered federally. The constitution's silence on which government level can enact
criminal procedure rules raises questions about enforcement responsibilities, especially since
regions may have their own criminal procedure regulations.
Overall, the sources of criminal procedure laws must be understood within the broader political,
constitutional, and legal systems, with a notable trend towards constitutionalizing criminal
procedure rules in various countries.
Example
For instance, in Ethiopia, while the federal government can enact criminal laws, regional
governments have the authority to legislate on unaddressed matters, creating a need for clarity
on enforcement responsibilities between the two tiers of government.

Flashcards
1. Flashcard 1:
o Q: What does a source of law refer to?
o A: A source of law refers to the legally competent authorities that enact it or the
formal sources where legal provisions are found.
2. Flashcard 2:
o Q: What historical document in the UK embodies due process principles?
o A: The Magna Carta embodies the constitutional principle of due process of law.
3. Flashcard 3:
o Q: How do the sources of criminal procedure differ between unitary and federal
states?
o A: In unitary states like France, sources are uniform, while in federal states like
the US, multiple sovereign governments share legislative powers, leading to
varied sources.
4. Flashcard 4:
 o Q: What challenges does the FDRE Constitution pose regarding criminal law
enactment in Ethiopia?
o A: The FDRE Constitution lacks clarity on the jurisdiction of federal versus
regional governments in enacting and enforcing criminal laws.

Multiple Choice Questions

1. Question 1: Which document is NOT mentioned as a source of criminal procedure in the
UK?
o A) The Magna Carta
o B) Federal Constitution
o C) Parliamentary statutes
o D) Court rulings
Correct Answer: B) Federal Constitution
2. Question 2: In a federal system, what complicates the sources of criminal procedure
rules?
o A) Single source of law
o B) Multiple orders of government sharing powers
o C) Lack of constitutional principles
o D) Absence of case law
Correct Answer: B) Multiple orders of government sharing powers
3. Question 3: What trend is noted regarding criminal procedure rules in many countries?
o A) De-centralization of legal powers
o B) Constitutionalization of criminal procedure rules
o C) Elimination of legislative roles
o D) Uniformity across all regions
Correct Answer: B) Constitutionalization of criminal procedure rules
Discussion Questions
1. What is the value of analyzing the sources of criminal procedure principles and rules?
o Analyzing the sources helps in understanding how laws are formed, the
relationship between different legal authorities, and the foundational principles
that govern legal proceedings. It provides insight into how laws adapt to societal
changes and the influence of historical documents on current legal practices.
2. Compare and contrast the sources of criminal procedure rules in England, France,
Germany, and the United States.
o Discuss the unitary nature of England and France, where the central government
has significant authority over criminal procedure rules. Contrast this with the
federal systems of Germany and the United States, which have multiple layers of
government with overlapping jurisdictions that affect criminal procedure.
3. Distinguish between constitutional and statutory sources of criminal procedure rules.
o Constitutional sources are derived from the foundational legal documents that
outline the fundamental rights and principles governing a nation's legal system,
while statutory sources are laws enacted by legislative bodies that provide
specific rules and guidelines for criminal procedures.
4. What is the implication of the constitutionalization of criminal procedure rules?
o This trend can lead to greater protection of individual rights and due process, as
criminal procedure rules become enshrined in the constitution. It can also create
a framework for judicial interpretation and enforcement of these rules,
increasing accountability within the legal system.
5. How does the political, constitutional, and legal system of a country affect the sources
of criminal procedure rules?
o The political structure (unitary vs. federal), the nature of the constitution (rigid
vs. flexible), and the legal traditions (common law vs. civil law) directly influence
how criminal procedure rules are developed, interpreted, and enforced within a
country.
6. Discuss the constitutional and statutory sources of criminal procedure in the Ethiopian
federal setup, focusing on the available twelve jurisdictions.
o Analyze how the FDRE Constitution and regional statutes define the powers and
responsibilities of both federal and regional governments in enacting and
enforcing criminal procedure rules, including any existing disparities or
ambiguities.
 7. What is the role of the federal government and the regions in the enforcement of
criminal law?
o Explore the division of responsibilities, including how the federal government
enacts criminal laws and how regions may implement or adapt these laws within
their jurisdictions, as well as the impact of regional variations on uniformity in
legal practice.
8. In Ethiopia, do regions have the constitutional mandate to enact criminal procedure
rules?
o Evaluate the provisions of the FDRE Constitution regarding regional powers and
responsibilities in enacting criminal procedure rules, including any relevant court
interpretations or legislative actions.
9. Are the criminal procedure rules enacted by the Tigray Regional State and Addis Ababa
City Administration constitutional?
o Investigate the legal framework and constitutional provisions that allow regional
governments to enact specific criminal procedure rules, considering any
challenges or affirmations of their constitutionality by courts.
10. What is the impact of the inclusion of criminal procedure rules in the FDRE
Constitution and regional constitutions upon the federal and regional courts to
interpret and apply them?
o Discuss how the presence of these rules in constitutions may influence judicial
interpretation, the consistency of legal application across different jurisdictions,
and the relationship between federal and regional courts in enforcing criminal
procedure.

Models of Criminal Justice Systems: Due Process and Crime Control

Overview of Models:
 The criminal justice system in the U.S. is influenced by two primary models: the Due
Process Model and the Crime Control Model.
 These models reflect different priorities in criminal justice processing, sentencing, and
the management of offenders.
1. Due Process Model:
 Established prominently during the Warren Court era (1960s) under Chief Justice Earl
Warren.
  Emphasizes the protection of individual rights and procedural safeguards to prevent
wrongful convictions.
 Acknowledges the possibility of error in legal proceedings and prioritizes fairness over
efficiency.
 Incorporates various provisions of the Bill of Rights into the Fourteenth Amendment,
ensuring states provide constitutional protections to defendants.
2. Crime Control Model:
 Gained prominence during the Burger Court era under Chief Justice Warren Burger.
 Focuses on the repression of criminal conduct and prioritizes efficiency and speed in the
legal process.
 Supports a more streamlined approach that may overlook procedural safeguards in favor
of convicting offenders.
 Holds that guilty individuals should not escape punishment due to procedural errors.
Balancing the Models:
 Herbert Packer (1968) highlighted the tension between the two models:
o Due Process Model: Aims to protect the innocent, accepting that some guilty
individuals may go free to ensure fairness.
o Crime Control Model: Prioritizes convicting the guilty, accepting the risk of
wrongful convictions.
 Criminal justice systems typically strive to find a balance between these two competing
priorities.
 The effectiveness of a system can be judged based on how well it strikes this balance.
Current Debates:
 Ongoing discussions about whether the balance has shifted too far in favor of
defendants' rights at the expense of public safety.
 Civil liberties advocates argue that protections for defendants are still insufficient, citing
past miscarriages of justice.
Example:
 An example illustrating the balance between these two models can be seen in cases
where a procedural error leads to a guilty person being acquitted. For instance, if
evidence is obtained unlawfully but indicates clear guilt, the Due Process Model would
 protect the defendant’s rights, potentially resulting in a conviction of an innocent
individual under the Crime Control Model.

Flashcards
Flashcard 1
Q: What does the Due Process Model prioritize in the criminal justice system?
A: The protection of individual rights and procedural safeguards to prevent wrongful
convictions.
Flashcard 2
Q: Which Supreme Court era is associated with the emphasis on the Due Process Model?
A: The Warren Court era under Chief Justice Earl Warren in the 1960s.
Flashcard 3
Q: What is the primary focus of the Crime Control Model?
A: The repression of criminal conduct and prioritizing efficiency in the legal process.
Flashcard 4
Q: Who identified the two models of criminal justice and their competing aims?
A: Herbert Packer in 1968.

Multiple Choice Questions

1. Which model of criminal justice emphasizes protecting the innocent, even if it allows
some guilty individuals to go free?
A) Crime Control Model
B) Due Process Model
C) Punishment Model
Answer: B) Due Process Model
2. What was a significant legal change that occurred during the Warren Court era?
A) Increased efficiency in trials
B) Incorporation of Bill of Rights protections into state law
C) Expansion of police powers
Answer: B) Incorporation of Bill of Rights protections into state law
3. What do proponents of the Crime Control Model believe about guilty defendants?
A) They should be released if procedural errors occur
B) They should be convicted regardless of procedural errors
C) They should receive the same protections as innocent defendants
Answer: B) They should be convicted regardless of procedural errors
The Dual Purposes of Criminal Justice Systems
Overview:
 A criminal justice system serves two primary purposes:
1. Protection of the Public: Safeguarding society from criminal harm.
2. Protection of Suspects: Ensuring fair treatment for individuals accused of crimes.
Balancing Competing Values:
 Achieving a balance between these two purposes is challenging, as they can often
conflict.
 A state is expected to find a middle ground, but perfect balance is elusive; one purpose
may overshadow the other.
Models of Criminal Justice Systems:
1. Due Process Model:
o Emphasizes the protection of the innocent and the prevention of wrongful
convictions.
o Accepts that some guilty individuals may escape punishment to protect the rights
of the accused.
o This model may negatively impact public safety, as offenders could be released
without consequences.
2. Crime Control Model:
o Focuses on the repression of criminal behavior and prioritizes public safety.
o Places less emphasis on the rights of the accused, which can lead to wrongful
convictions.
o Aims to reduce crime at the expense of potentially convicting innocent
individuals.
Determining Jurisdiction Orientation:
 Understanding the approach of a jurisdiction toward these models involves analyzing
various elements:
 o Constitutional Framework: Examination of the constitution and its provisions
regarding rights and due process.
o Statutory Laws: Review of relevant statutes that govern criminal procedures.
o Case Law: Consideration of judicial decisions that interpret laws.
o Law Enforcement Practices: Analysis of how law enforcement operates within
the jurisdiction.
 The orientation of a criminal justice system is not static and must adapt to changes in
socio-economic and political contexts.
Example:
 In a jurisdiction where the Crime Control Model is predominant, law enforcement may
prioritize swift arrests and convictions over thorough investigations, potentially leading
to wrongful convictions of innocent individuals in an effort to demonstrate a reduction in
crime rates.

Flashcards
Flashcard 1
Q: What are the two primary purposes of a criminal justice system?
A: Protection of the public against criminal harm and protection of suspects against unfair
treatment.
Flashcard 2
Q: What does the Due Process Model prioritize in criminal justice?
A: Avoiding the conviction of innocent individuals, even if it means some guilty people may go
free.
Flashcard 3
Q: Which model of criminal justice emphasizes the repression of crime over the protection of
suspects' rights?
A: The Crime Control Model.
Flashcard 4
Q: How can the orientation of a jurisdiction's criminal justice system be determined?
A: By examining its constitution, statutes, case law, and law enforcement activities.

Multiple Choice Questions

 1. What is a significant challenge faced by criminal justice systems?
A) Achieving perfect balance between protecting the public and protecting suspects
B) Completely eliminating crime
C) Ensuring all offenders are convicted
Answer: A) Achieving perfect balance between protecting the public and protecting
suspects
2. In the Crime Control Model, what is prioritized over the rights of the accused?
A) Fair treatment of suspects
B) Prevention of crime
C) Rehabilitation of offenders
Answer: B) Prevention of crime
3. What is necessary to understand the orientation of a jurisdiction's criminal justice
system?
A) Only the analysis of case law
B) A comprehensive examination of constitutional, statutory, and law enforcement
factors
C) Focus solely on public opinion
Answer: B) A comprehensive examination of constitutional, statutory, and law
enforcement factors

Discussion Questions

. Explain the due process and crime control models.

Due Process Model: The due process model emphasizes the rights of individuals, particularly
the accused, ensuring fair treatment throughout the criminal justice process. It is rooted in the
belief that it is better for some guilty individuals to escape punishment than for an innocent
person to be wrongfully convicted. This model prioritizes procedural safeguards and protections,
such as the right to a fair trial, legal representation, and protection against self-incrimination. Its
foundation is the notion of justice being served through careful and deliberate legal processes.

Crime Control Model: In contrast, the crime control model prioritizes the swift and efficient
repression of criminal conduct. It asserts that the primary function of the criminal justice system
is to prevent crime and punish offenders, even if this means that some innocent individuals might
be convicted. This model favors a strong police presence, minimal procedural hurdles for law
enforcement, and a focus on achieving a high rate of convictions. Its proponents argue that the
urgency of addressing crime takes precedence over the rights of the accused.

2. “Obviously, criminal justice systems tend not to fall completely within one
model or the other: most seek to strike a balance between the two.” Discuss.

Criminal justice systems often attempt to navigate a middle ground between the due process and
crime control models, reflecting the complexities of societal needs and values. This balancing act
acknowledges that while the efficiency and deterrence of crime are important, the protection of
individual rights is equally essential to uphold justice and maintain public trust in the legal
system.

For instance, while a state may implement strict laws and policies aimed at crime reduction
(reflecting the crime control model), it might also establish mechanisms like public defenders
and legal aid programs to ensure that defendants receive fair representation (reflecting the due
process model). The challenge lies in achieving an optimal balance where both public safety and
the rights of individuals are respected, which is often contentious and subject to political and
social pressures.

3. What is the importance of understanding models of criminal justice systems

for the interpretation and application of criminal law?

Understanding the models of criminal justice is crucial for interpreting and applying criminal law
as it influences legal principles, practices, and policies. Legal professionals, including judges and
attorneys, rely on these models to inform their decision-making processes and to advocate for
reforms within the system.

For example, a system that leans more towards the crime control model may prioritize efficiency
in legal proceedings, potentially affecting the thoroughness of investigations and the quality of
legal representation. Conversely, a system oriented towards due process may lead to slower
proceedings but will ensure that individual rights are prioritized, which can enhance public
confidence in the justice system. Recognizing the implications of these models helps in
evaluating the effectiveness and fairness of criminal law application, guiding necessary reforms
or policy shifts.

4. How can one determine the policy of a criminal justice system?

Determining the policy of a criminal justice system involves a comprehensive analysis of various
components, including:
  Constitutional Framework: Reviewing the constitution to understand the rights
guaranteed to individuals and the limitations placed on law enforcement.
 Statutes and Laws: Examining the legislative enactments that define criminal offenses,
procedures, and penalties, which reflect the state's priorities and values.
 Judicial Interpretations: Analyzing case law to see how courts have interpreted statutes
and constitutional provisions, which can reveal the prevailing legal principles.
 Law Enforcement Practices: Observing the practices and policies of law enforcement
agencies, including arrest procedures, charging decisions, and the handling of suspects.
 Public Discourse: Engaging with public opinion and media narratives around crime,
justice, and individual rights, as these can influence and reflect policy directions.

5. Which model of criminal justice is followed in Ethiopia?

Ethiopia's criminal justice system exhibits characteristics of both the due process and crime
control models, though it tends to lean more towards the due process model in its legal
framework. The Ethiopian Constitution emphasizes the protection of individual rights, ensuring
due process protections such as the right to a fair trial and legal representation.

However, the practical application may sometimes reflect a crime control approach, particularly
in the context of national security concerns and efforts to combat crime. This dual orientation
indicates that while the foundational legal principles align with due process, the execution of
these principles can vary depending on political and social factors. The challenge remains in
consistently upholding these rights in the face of ongoing issues related to law enforcement
practices and judicial independence.

Systems of Criminal Procedure

1. Overview of Adjudicatory Processes
Adjudication can occur through two main systems: Adversarial (Accusatorial) and Inquisitorial.
Both systems aim to find the truth, punishing the guilty while protecting the innocent. They
differ fundamentally in their approach to discovering this truth.
2. The Adversarial System
  Definition: A legal framework where the accuser (the state) and the accused are
opponents in a contest-like format.
 Evolution: Initially rooted in private vengeance, the state eventually took on the role of
the accuser.
 Structure: Involves a neutral judge (umpire) who ensures fair play and adjudicates the
rules of engagement.
 Key Features:
o The accused enjoys numerous rights, including the right to remain silent and the
right to an attorney.
o Emphasizes the adversarial nature where the prosecutor aims to prove guilt
while the defense seeks to demonstrate innocence.
 Concerns: Some criticize the system for allowing guilty individuals to exploit procedural
rules to avoid conviction. However, over 90% of cases in the U.S. are settled through
guilty pleas, which streamlines the process but may compromise the adversarial
integrity.
3. The Inquisitorial System
 Definition: A legal framework in which an impartial official (judge) investigates the case
and seeks to determine the truth.
 Structure: Eliminates the need for an adversarial contest; the focus is on thorough
investigation rather than contestation.
 Characteristics:
o Pretrial investigations are extensive, often leading to the presumption of guilt
among those brought to trial.
o The role of the judge is proactive; they are involved in questioning and guiding
the investigation process.
 Global Examples: Countries such as France, Germany, and Japan utilize this system,
although they exhibit individual procedural differences.
4. Comparison and Conclusion
 The adversarial system is rooted in common law traditions, while the inquisitorial system
stems from civil law traditions.
 Despite their differences, both systems strive to ensure justice by balancing the rights of
the accused with the state's responsibility to prosecute.
Flashcards
Flashcard 1
Q: What are the two main systems of adjudication in criminal law?
A: Adversarial (Accusatorial) and Inquisitorial systems.
Flashcard 2
Q: In the adversarial system, who assumes the role of the accuser?
A: The state assumes the role of the accuser in the adversarial system.
Flashcard 3
Q: What is a key characteristic of the inquisitorial system?
A: An impartial official (judge) actively investigates the case rather than simply refereeing a
contest.
Flashcard 4
Q: How do the rights of the accused differ between adversarial and inquisitorial systems?
A: In the adversarial system, the accused has extensive rights to ensure a fair trial; in the
inquisitorial system, the focus is more on the investigation and less on adversarial contest.
Multiple Choice Questions
1. Which of the following best describes the role of the judge in an adversarial system?
A) To actively investigate the case
B) To ensure a fair contest between the parties
C) To serve as the accuser
Answer: B) To ensure a fair contest between the parties
2. In which legal tradition is the inquisitorial system primarily found?
A) Common Law
B) Civil Law
C) Islamic Law
Answer: B) Civil Law
3. What percentage of criminal cases in the United States are estimated to be settled
through guilty pleas?
A) 50%
B) 70%
C) Over 90%
Answer: C) Over 90%
Mixed Courts and Convergence of Criminal Procedure
Mixed Courts
 A mixed court is a form of adjudication used mainly in civil law countries and is also
present in socialist and common law systems.
 It involves lay judges, who are typical citizens rather than legal professionals, assisting a
professional judge in decision-making.
 Lay judges are usually elected or appointed and can serve on a volunteer basis or for a
term defined by law.
 Their number can range from two to six, depending on the case's seriousness and the
court's level.
 Lay judges serve to balance state power against the rights of the accused, replacing the
jury system, and can sometimes overrule the professional judge, although they often
defer to the judge's expertise.
 This system began in the 19th century in Europe, aiming to emulate the Anglo-American
jury system, highlighting civil law countries' value for public involvement in legal
processes.
Examples of Lay Judges
 In Germany, lay judges (Schoffen) are utilized in appellate courts and for minor offenses.
 In China, lay assessors serve as adjudicators in serious criminal cases, must be over 23
years old, and are either elected or invited.
 In the United States, justices of the peace handle minor legal matters in small towns.
 In England, magistrates' courts require at least two lay judges for minor offenses.

Convergence of Criminal Procedures

 Each nation develops its own criminal procedure code influenced by its historical
context.
 The classification of legal systems into adversarial and inquisitorial is increasingly
blurred, with civil law systems adopting protective measures for defendants and
common law systems modifying adversarial excesses.
 Islamic and socialist legal systems also reflect this convergence, with Islamic law showing
inquisitorial traits and adaptations in China moving towards a semi-adversarial model.
  Legal scholar John Merryman noted that both adversarial and inquisitorial systems have
evolved toward mixed systems, moving away from their historical extremes.

Contrasting Adversarial and Inquisitorial Processes

 Investigation Phase: Inquisitorial systems focus on thorough investigations to establish
factual guilt; adversarial systems emphasize trials with strict evidentiary rules.
 Judicial Involvement: Judges are more actively involved in inquisitorial systems, while
their role is limited in adversarial systems.
 Cooperation of Defendants: Inquisitorial systems expect defendants to cooperate;
adversarial systems do not require this cooperation, placing the burden of proof on the
prosecution.
 Judge's Role: Inquisitorial judges act as investigators and decision-makers; in adversarial
systems, judges are referees overseeing the trial process.

Example
In Germany, lay judges, known as Schoffen, participate in court proceedings for minor offenses
and are an integral part of the mixed court system, reflecting public involvement in the judicial
process.

Flashcards
Flashcard 1
Q: What is a mixed court?
A: A mixed court is a legal system where lay judges assist professional judges in decision-making,
common in civil law countries.

Flashcard 2
Q: What role do lay judges play in a mixed court?
A: Lay judges, typically non-professionals, balance state power against the accused's rights and
can sometimes overrule the professional judge.

Flashcard 3
Q: How do inquisitorial and adversarial systems differ in terms of investigation?
A: Inquisitorial systems emphasize thorough investigations to determine factual guilt, while
adversarial systems focus on trial proceedings with strict rules of evidence.

Flashcard 4
Q: What is one example of a country using lay judges?
A: Germany employs lay judges (Schoffen) in its courts to assist in minor offense cases.

Multiple Choice Questions

1. What is the primary function of lay judges in a mixed court?
A) To serve as the primary decision-makers
B) To assist professional judges and provide community perspective
C) To conduct all investigations
D) To represent the state in court
Correct Answer: B
2. In which country do lay judges serve as adjudicators in serious criminal cases and must
be over 23 years old?
A) United States
B) Germany
C) China
D) England
Correct Answer: C
3. What trend is noted regarding the differences between adversarial and inquisitorial
systems?
A) They are becoming more distinct
B) They are converging towards similar mixed systems
C) Inquisitorial systems are becoming more adversarial
D) Adversarial systems are eliminating lay judges
Correct Answer: B
Summary of Criminal Procedure Systems
Criminal justice systems across different states aim to apprehend and adjudicate individuals
who violate criminal laws. However, the procedures and processes employed can vary
significantly, primarily falling into two major categories: adversarial (accusatorial) and
inquisitorial systems. These systems are designed to filter out the guilty from the innocent,
and their adoption is influenced by the underlying legal traditions.
1. Adversarial System:
 o Commonly found in common law jurisdictions, this system treats the judge as a
referee in the contest between the prosecution and defense. The emphasis is
on maintaining a fair process, with the court acting passively while the parties
present their cases. The adversarial approach is thought to be ideal for
establishing factual truths.
2. Inquisitorial System:
o Predominantly used in civil law countries, this system places the judge in an
active role, responsible for inquiring into the facts of the case to uncover the
truth. Here, the criminal justice process is more focused on finding the truth
rather than simply facilitating a contest.
While these systems are distinct in theory, the reality is that there is often a blend of both in
practice. Many jurisdictions incorporate elements of both systems, and some countries have
developed mixed systems that utilize features from both the adversarial and inquisitorial
models.
It's a misconception to assume that one system favors the accused while the other favors
society; both systems have mechanisms to balance individual rights and public interests. The
effectiveness and efficiency of each system can vary depending on the specifics of individual
cases. Determining which system a country follows requires an examination of the laws and
practices within its justice sector.
Example: In a country with an adversarial system, a defendant accused of theft may have the
right to cross-examine witnesses, while in a country with an inquisitorial system, the judge
would actively question witnesses to uncover the truth about the incident.

Flashcards
1. Flashcard 1
Q: What are the two major types of criminal procedure systems?
A: Adversarial (accusatorial) and inquisitorial systems.
2. Flashcard 2
Q: In which legal tradition is the adversarial system predominantly found?
A: Common law traditions.
3. Flashcard 3
Q: What is the primary role of the judge in the inquisitorial system?
A: The judge actively inquires into the case to find the truth.
 4. Flashcard 4
Q: Why is it difficult to ascertain which criminal procedure system a country follows?
A: It requires exploring the laws and practices of the justice sector within that country.

Multiple Choice Questions

1. Which of the following best describes the role of a judge in an adversarial system?
a) Actively involved in investigating the case
b) Acts as a referee between the prosecution and defense
c) Represents the interests of the prosecution
d) Decides the case without a trial
Correct Answer: b) Acts as a referee between the prosecution and defense
2. What is a characteristic feature of the inquisitorial system?
a) Limited judicial intervention
b) Passive role of the judge
c) Active role of the judge in fact-finding
d) Exclusive focus on legal precedents
Correct Answer: c) Active role of the judge in fact-finding
3. In what type of legal tradition is the inquisitorial system predominantly used?
a) Common law
b) Civil law
c) Religious law
d) International law
Correct Answer: b) Civil law

Discussion Questions

1. What is the distinction between models of criminal justice (due process and crime
control models), common law and civil law traditions, and adversarial and
inquisitorial systems?
Consider exploring the goals, processes, and philosophical foundations of each model or
tradition. For example, the due process model emphasizes individual rights, while crime
 control focuses on efficiency. Similarly, common law relies on precedent and adversarial
processes, whereas civil law is based on codified statutes and often uses inquisitorial
approaches.
2. Describe the adversarial, inquisitorial, and mixed systems of criminal procedure.
Explain the primary characteristics of each system, highlighting the role of the judge, the
nature of legal representation, and the approach to fact-finding. The adversarial system
involves a passive judge and active parties, the inquisitorial system places the judge in an
investigative role, and a mixed system incorporates elements of both.
3. Which system of criminal procedure is efficient and effective to detect and
adjudicate those who violated the criminal law? Why do you think so?
Evaluate the strengths and limitations of each system, considering how each system
impacts fairness, accuracy, and efficiency in different legal and cultural contexts.
4. Advocates of the adversarial systems of justice believe that the competition between
the two parties is the best process for obtaining truth. Advocates of the
nonadversarial system believe that judicial control of the investigative process is the
best way to uncover the truth. Explain.
Discuss the reasoning behind each perspective, focusing on how adversarial systems rely
on party-driven investigation and competition, while nonadversarial (inquisitorial)
systems depend on the judge's direct involvement in seeking the truth.
5. "The classification into adversarial and inquisitorial systems, however, seems to be
increasingly a matter of style and history rather than major differences in
procedure." Discuss.
Explore the evolving nature of criminal procedure, highlighting how some modern legal
systems combine aspects of both adversarial and inquisitorial styles, reflecting a more
pragmatic approach rather than a strict adherence to one model.
6. Is the Ethiopian criminal procedure adversarial, inquisitorial, or a mixed system?
Why?
Analyze the structure and functioning of Ethiopian criminal procedure, providing
examples to illustrate whether it aligns more closely with adversarial, inquisitorial, or
mixed approaches.

Fundamental Principles of Criminal Procedure in England, France, and

Germany

Criminal procedure principles across England, France, and Germany vary based on historical and
legal traditions but share key elements such as legality, due process, and human dignity.
England: English criminal procedure principles derive from ancient documents like the Magna
Carta (1215) and the Bill of Rights Act (1688). Key principles include legality, habeas corpus
(ensuring detention legality), and the notion of a fair trial. The presumption of innocence, public
trials, and the rights to cross-examine witnesses are emphasized. The Human Rights Act (1998)
now incorporates the European Convention on Human Rights, further influencing trial fairness
and defendant rights.

France: French criminal principles are rooted in constitutional values such as equality before the
law and the protection of individual liberty. The right to a fair trial, adversarial process, and
presumption of innocence are enshrined in the Code de Procédure Pénale. Judges are separate
from prosecutors, ensuring impartiality, while victims’ rights are also protected.

Germany: German criminal principles are governed by the Grundgesetz, with a strong focus on
protecting human dignity and liberty. Key rights include the presumption of innocence, the
legality principle, and judicial oversight in cases affecting personal freedom. Constitutional
protections extend to privacy, home inviolability, and protection from retroactive punishment.
The death penalty is explicitly prohibited.

Example: In England, the principle of habeas corpus is significant. Historically, it was used to
challenge unjust detentions by the monarchy. Now, it ensures that anyone detained can appeal
the legality of their detention before a judge.

Flashcards

1.

 Q: What historical document established the principle of legality in English criminal

procedure?
 A: Magna Carta (1215).

2.

 Q: In French criminal law, what principle ensures a balance between prosecution and
defense?
 A: The adversarial principle.

3.

 Q: Which German law prohibits the death penalty?

 A: The Grundgesetz (Article 102).

4.

 Q: What is habeas corpus in English law?

  A: A procedure allowing a detained person to challenge the legality of their detention.

Multiple Choice Questions

1. Which document is often cited as establishing the principle of legality in English law?
o a) Bill of Rights Act 1688
o b) Magna Carta 1215
o c) Human Rights Act 1998
o Answer: b) Magna Carta 1215
2. In French criminal procedure, which principle guarantees the presumption of innocence?
o a) Article 28 of the Grundgesetz
o b) Code de Procédure Pénale
o c) The Bill of Rights Act 1688
o Answer: b) Code de Procédure Pénale
3. What does Article 102 of Germany’s Grundgesetz prohibit?
o a) Excessive bail
o b) Death penalty
o c) Retroactive punishment
o Answer: b) Death penalty

Modern Criminal Procedure

Key Concepts:

1. Relevant Laws: Criminal procedure in Ethiopia is based on national and international

laws, including specific articles in the Universal Declaration of Human Rights (UDHR),
International Covenant on Civil and Political Rights (ICCPR), the Federal Democratic
Republic of Ethiopia (FDRE) Constitution, and the Ethiopian Criminal Code (CC).
2. Public Prosecution Systems: Public prosecutor roles vary internationally. For instance,
in England, the Crown Prosecution Service lacks investigatory powers and is classified as
a civil service role. By contrast, European countries like France, Belgium, and Italy treat
prosecutors similarly to judges, equipping them with substantial authority during
investigations and prosecutions.
3. Organization of Police: In England, police forces are locally managed, while in Europe,
police organizations are typically centralized, reporting nationally. Police forces in
continental Europe operate under the public prosecutor’s direction, a model aiming to
balance power between local and national authorities.
4. Judiciary System and Training: English judges are experienced legal practitioners,
often older, while European countries recruit judges early in their careers, providing
formal training at dedicated institutions like France's Ecole nationale de la magistrature.
5. Victim’s Role in Criminal Cases: In England, victims generally lack a formal role in
criminal proceedings, aside from the option for private prosecution. In Europe, victims
 can join cases as a "partie civile," allowing them to demand compensation directly from
the defendant.

Example: In Ethiopia, similar to European models, the public prosecutor has authority over
investigations and prosecutions. For instance, under the Federal Police Commission
Proclamation, the police act under the guidance of the public prosecutor during investigations.

Flashcards

Flashcard 1
Q: What are some foundational documents of criminal procedure in Ethiopia?
A: The FDRE Constitution, UDHR, ICCPR, and the Ethiopian Criminal Code (CC) are
foundational to Ethiopian criminal procedure.

Flashcard 2
Q: How does the status of public prosecutors differ between England and continental Europe?
A: In England, prosecutors have limited powers and are civil servants, while in Europe, they
have greater authority and are often treated similarly to judges.

Flashcard 3
Q: How are police forces organized differently in England compared to continental Europe?
A: In England, police forces are locally managed, while in Europe, they are typically centralized
and operate under the public prosecutor’s authority.

Flashcard 4
Q: What special legal status can victims attain in criminal cases in countries like France and
Belgium?
A: Victims can join as a "partie civile," allowing them to participate in cases and seek
compensation from defendants.

Multiple-Choice Questions

1. Which proclamation established the Ethiopian Federal Police Commission?

 A) Proclamation No. 39/1993

 B) Proclamation No. 313/2003
 C) Proclamation No. 25/1996
 Answer: B) Proclamation No. 313/2003

2. In England, what is one main limitation of the Crown Prosecution Service compared to
continental European public prosecutors?
  A) They cannot prosecute in court
 B) They lack investigatory powers and high status
 C) They are independent of the government
 Answer: B) They lack investigatory powers and high status

3. How are judges typically recruited in European countries such as France?

 A) From senior practicing lawyers only

 B) From university graduates through competitive exams
 C) From political appointments
 Answer: B) From university graduates through competitive exams

Discussion Questions

1. Compare and contrast the organization of the criminal justice sector in other
countries and Ethiopia, considering the institutional changes made after 1991.

After 1991, Ethiopia made significant reforms in its criminal justice sector as part of broader
institutional changes under the Federal Democratic Republic of Ethiopia (FDRE). These reforms
aimed to align with democratic principles, ensuring accountability, transparency, and fairness.
Here’s a comparison:

Ethiopia’s Criminal Justice Reforms Post-1991:

 Federal Structure: With the introduction of federalism, Ethiopia divided judicial

authority between federal and regional courts, creating a more decentralized judicial
system. Each state within Ethiopia has its judicial power, while the federal courts handle
cases involving federal laws.
 Police Structure: Ethiopia established both federal and regional police commissions.
Federal police, as stipulated in Proclamation No. 313/2003, are responsible for issues
crossing regional boundaries or involving national security, while regional police handle
localized issues. This dual structure resembles the setup in countries with decentralized
policing, like Germany or the United States.
 Public Prosecution: The Office of the Federal Attorney General oversees public
prosecution, ensuring legal uniformity across federal cases. While this office is similar to
centralized prosecution models in some European countries, its role has expanded to
include human rights and corruption cases, reflecting Ethiopia’s focus on post-1991
accountability.

Comparison with Other Countries:

  England and Wales: England has a more centralized prosecution system, with the
Crown Prosecution Service (CPS) responsible for prosecuting cases based on police
investigations. However, the CPS lacks investigatory powers and is considered a separate
entity from the police, which reduces the potential for prosecutorial bias.
 France and Other European Nations: European countries like France operate under the
"inquisitorial system," where judges and public prosecutors work closely together.
Prosecutors have significant investigatory powers, acting almost as judicial officers. In
contrast, Ethiopia’s system is mixed; the police operate somewhat independently of the
public prosecutor, though prosecutors have the final say in charges.
 The United States: The U.S. criminal justice system is also decentralized, but each state
maintains its criminal procedures, and federal authorities have limited intervention in
state matters. Similar to Ethiopia’s federal system, U.S. states have autonomy over local
law enforcement and courts, with federal courts only involved in federal law issues.

Ethiopia’s reforms after 1991, especially federalism and the bifurcation of police responsibilities,
align with practices seen in larger federal states like the U.S. and Germany. However, the
Ethiopian system’s blend of regional and centralized elements, combined with its emphasis on
post-1991 accountability, reflects its unique approach within the African context.

2. Identify and discuss the fundamental criminal procedure principles found in

the FDRE Constitution and other laws of Ethiopia.

The FDRE Constitution and Ethiopian criminal laws embed key criminal procedure principles
that ensure justice, protection of human rights, and adherence to due process. These principles
guide the entire criminal process, from arrest and investigation to trial and sentencing. Major
principles include:

 Presumption of Innocence: Article 20(3) of the FDRE Constitution guarantees the

presumption of innocence, stating that every individual is considered innocent until
proven guilty by a competent court. This principle places the burden of proof on the
prosecution and aligns Ethiopia with international norms like Article 14(2) of the ICCPR.
 Right to a Fair Trial: Article 20 of the FDRE Constitution details several fair trial
rights, including the right to be tried by a competent, independent, and impartial court. It
also includes the right to counsel, public hearings, and protections against self-
incrimination. These protections parallel international standards and aim to ensure
fairness throughout the judicial process.
 Protection Against Arbitrary Detention: Article 19 of the FDRE Constitution protects
individuals from arbitrary detention, mandating that arrested persons be informed of
reasons for arrest and brought before a court within 48 hours. This aligns with the
ICCPR’s provisions on arbitrary detention, emphasizing judicial oversight in the arrest
process.
 Right to Appeal: Ethiopian criminal procedure laws provide a right to appeal
convictions, ensuring a higher court’s review of decisions. This right strengthens
 procedural safeguards, allowing checks on lower court rulings, which is essential for
fairness.
 Right Against Double Jeopardy: The prohibition against double jeopardy is another
important principle, which prevents individuals from being tried for the same offense
twice, thereby safeguarding against excessive prosecution.
 Right to Compensation: Article 21(2) of the FDRE Constitution gives individuals
wrongfully convicted the right to compensation. This principle of state accountability
promotes justice and offers remedy to victims of judicial error.

These principles reflect Ethiopia’s commitment to fair, transparent, and accountable criminal
procedures. They align the country with international human rights standards, ensuring that
Ethiopia’s criminal justice system promotes justice while respecting individual rights.

History of Ethiopian Criminal Procedure

The criminal procedure system in Ethiopia has evolved significantly over time, deeply rooted in
indigenous traditions and practices. Prior to the introduction of modern legal systems, Ethiopia
relied on customary laws passed orally through generations, which emphasized respect for
justice and accountability. Notably, procedural law, including rules of evidence and criminal
investigation, was well-regarded among the public even before the Italian occupation in 1936.
Below are two key traditional methods used for criminal investigation in Ethiopia:

1. Leba Shay (c. 1900-1922): This method involved using a young boy to identify
criminals, often by making him drink a beverage that supposedly enhanced his ability to
locate suspects. This process, though widely used, was eventually abolished by Empress
Zewditu due to its potential for misuse and the controversy it stirred.
2. Afarsata (c. 1900-1960): In this practice, the male members of a community would
gather to discuss and identify suspects in cases of crimes like theft or murder. While
intended as a communal investigation method, it led to harm for innocent people and was
phased out as modern policing techniques became available.

Example: During Empress Zewditu's reign, a theft investigation using leba shay falsely
implicated a prominent courtier due to personal vendettas. The garment in question was later
found with a palace maid, exposing the flaws of this method and prompting its abolition.

Flashcards

1. Q: What was the leba shay method in Ethiopian criminal investigation? A: A method that
used an intoxicated boy to identify suspects in theft cases, abolished by Empress Zewditu
due to its potential for misuse.
 2. Q: What is afarsata in traditional Ethiopian criminal procedure? A: A communal
gathering where male members identified suspects through public accusation, eventually
replaced by modern investigative methods.
3. Q: How was criminal procedural law transmitted in Ethiopia before modernization? A: It
was passed down orally, reflecting the community's high regard for justice and
accountability.
4. Q: Why was afarsata phased out in Ethiopian criminal justice? A: It was socio-
economically damaging and often led to false accusations, contradicting due process
principles.

Multiple Choice Questions

1. Which of the following was a method used to identify criminals in traditional

Ethiopian justice?
o a) Jury trial
o b) Leba Shay
o c) Police interrogation
o d) Court hearing
Answer: b) Leba Shay
2. The afarsata method required all male community members to:
o a) Vote on a suspect.
o b) Identify and accuse potential criminals.
o c) Serve as jurors.
o d) Arrest the criminal.
Answer: b) Identify and accuse potential criminals.
3. What prompted Empress Zewditu to abolish the leba shay investigation method?
o a) Introduction of modern police force.
o b) Lack of effectiveness.
o c) Evidence of personal biases affecting outcomes.
o d) High cost.
Answer: c) Evidence of personal biases affecting outcomes.

Between 1909 and 1936, the "Market Guard" (arada Zebagna) in Addis
Ababa served as a precursor to the modern metropolitan police, maintaining
peace, guarding market areas at night, and detaining those acting unlawfully.
They were also empowered to arrest suspects and bring them before the market court, from
which appeals could go to the lord mayor. A specialized branch, the "Secret Guard" (mist’ir
zebagna), focused on crime prevention, especially in public places, hotels, and bars.

Legal systems at that time were less formalized. Public prosecutors were often government
officials or prison administrators, and only in 1943 was a formal office for public prosecutors
established, requiring legal or judicial experience. Legal counsel, prior to this formalization, was
often provided by skilled orators who regularly attended court sessions. Witnesses did not
typically swear an oath but could be made to do so if their credibility was questioned.

Example:

The Market Guard and Secret Guard in Addis Ababa during 1909-1936 maintained law and
order, with the former handling arrests and legal matters in the market and the latter focusing on
crime prevention.

Flashcards

1. Q: What was the main function of the Market Guard (arada Zebagna) in Addis Ababa
from 1909-1936?
A: To maintain peace and order, guard markets at night, and detain those acting
unlawfully.
2. Q: What was the purpose of the Secret Guard (mist'ir zebagna)?
A: Crime prevention, particularly in public squares, hotels, and bars, to deter would-be
criminals.
3. Q: When was the formal office of the public prosecutor established in Ethiopia, and what
were the qualifications?
A: In 1943, requiring legal knowledge or judicial experience.
4. Q: How was legal representation handled before the formal establishment of the legal
profession in Ethiopia?
A: Skilled orators who regularly attended court could represent others in legal
proceedings without formal qualifications.

Multiple-Choice Questions

1. What was one responsibility of the Market Guard in Addis Ababa from 1909-1936?
o A) Collecting taxes
o B) Guarding shops at night
o C) Issuing driving permits
o Answer: B) Guarding shops at night
2. Which unit of the Market Guard was responsible for crime prevention in public
spaces?
 o A) Civil Guard
o B) Court Guard
o C) Secret Guard
o Answer: C) Secret Guard
3. In 1943, what qualification was required to become a public prosecutor in Ethiopia?
o A) Experience in law or judicial service
o B) Political affiliation
o C) Military service
o Answer: A) Experience in law or judicial service

In the historical Ethiopian judicial system, parties often disputed over whom a testimony
favored. Initially, disputes were resolved by newly appointed observers, but later, a rule required
the witness to clarify their statement's intent. Judicial functions were assigned to local chiefs,
with appeals going from district to provincial courts and potentially up to the chief justice. In
severe criminal cases, like homicide, appeals proceeded to the highest levels, including the
Crown Court. Capital punishment required the emperor's confirmation, with assessments by the
Crown Court and interpretative assistance from scholars on relevant laws. Imprisonment and
execution methods were outlined, with execution sites and procedures formalized. For lesser
crimes, execution of judgments occurred immediately, while severe sentences required further
administrative action.

Example: In a case of testimony dispute, an assigned witness would clarify which party the
testimony favored, ending the dispute without needing new observers.

Flashcards:

1. Q: What rule was introduced to resolve disputes over witness testimony? A: A rule
required the witness to clarify whom their testimony favored.
2. Q: Who had the power to appeal a case up to the Crown Court in Ethiopia's historical
judicial system? A: Any party dissatisfied with lower court decisions.
3. Q: What was the role of the chief justice in criminal cases? A: To handle appeals for
serious criminal cases and provide legal interpretations.
4. Q: How were capital punishment sentences confirmed in Ethiopia's judicial history? A:
They required the emperor's approval with legal input from scholars.

Choice Questions:

1. What action was taken when a party disputed over a testimony's favor?
o A) New observers settled the dispute.
o B) The judge decided based on majority opinion.
o C) The witness clarified whom their testimony favored.
o Answer: C
 2. Where could an appeal in serious criminal cases ultimately be heard in historical
Ethiopia?
o A) Only by provincial governors
o B) The emperor in the Crown Court
o C) Local chiefs
o Answer: B
3. Who provided legal interpretation in capital cases requiring confirmation by the
emperor?
o A) Judges only
o B) Provincial governors
o C) Scholars interpreting Fetha Negast
o Answer: C

Historical Introduction to the Criminal Procedure Code (1961)

The Criminal Procedure Code (CPC) of Ethiopia, promulgated in 1961, marked a significant
shift in the legal landscape of the country, which previously lacked a systematic body of
legislation in this field. Prior to its introduction, only a few proclamations with strong Anglo-
Indian influences were in existence, reflecting the historical British impact on Ethiopian law.

In the early 1950s, the Ethiopian government aimed to create new legal codes across various
domains, enlisting foreign experts for drafting purposes. Professor Jean Graven of Geneva was
primarily responsible for drafting the CPC, alongside his work on the Ethiopian Penal Code of
1957. Initial discussions regarding the CPC began in 1955, led by a commission presided over by
the Minister of Justice. Notably, all drafts and discussions were conducted in French and
Amharic.

The drafting process involved multiple iterations, starting with an initial draft of 241 articles in
March 1956, evolving through several comprehensive versions before reaching its final form. A
critical change during this process was the decision to separate general provisions regarding
judicial organization from the CPC, leading to the formation of a distinct "code judiciaire."

As discussions progressed, the commission shifted from a mixed continental-common law

procedure toward a more adversarial approach, influenced by British legal traditions. This
transformation was significantly guided by Sir Charles Mathew, who was consulted to simplify
and adapt the draft. Ultimately, while Professor Graven’s work influenced the final structure and
content of the CPC, it also led to the adoption of a less inquisitorial and more adversarial legal
procedure.

Despite its foundational role, the CPC is criticized for its brevity and lack of comprehensiveness,
comprising only 224 articles compared to the Civil Procedure Code's 482. The resultant gaps and
inconsistencies have made legal interpretation challenging, necessitating a future comprehensive
review and revision of the code.

Example:

 Key Figure: Professor Jean Graven played a pivotal role in drafting the CPC and was
engaged in shaping its structure and content.

Flashcards

Flashcard 1
Q: What year was the Ethiopian Criminal Procedure Code promulgated?
A: 1961

Flashcard 2
Q: Who was primarily responsible for drafting the Criminal Procedure Code of Ethiopia?
A: Professor Jean Graven

Flashcard 3
Q: What significant legal shift did the CPC represent in Ethiopia?
A: A move from a lack of systematic legislation to a structured criminal procedure based on
mixed influences.

Flashcard 4
Q: What was one of the main criticisms of the Criminal Procedure Code?
A: Its brevity, with only 224 articles, leading to gaps and challenges in legal interpretation.

Multiple Choice Questions

1. What was the initial number of articles in the first draft of the Criminal Procedure Code
presented in March 1956?
a) 159
b) 241
c) 840
d) 482
2. Who influenced the transition of the CPC toward a more adversarial legal procedure?
a) Professor Jean Graven
b) M. Philippe Graven
c) Sir Charles Mathew
d) The Minister of Justice
3. What is one major characteristic of the Ethiopian Criminal Procedure Code noted in the
text?
 a) It is based entirely on continental law.
b) It is excessively lengthy with over 500 articles.
c) It exhibits a mixed influence of both continental and common law systems.
d) It has no significant gaps or inconsistencies.

Criminal Procedure in Ethiopia

Historical Context:
In Ethiopia, procedural laws were developed prior to substantive laws, with criminal procedures
traditionally governed by customs and informal mechanisms, such as leba shay and afersata,
which were often subject to abuse. These methods played a crucial role in the early detection and
judgment of criminal activities.

Modernization through the CPC:

The enactment of the Criminal Procedure Code (CPC) marked the beginning of modern criminal
justice in Ethiopia, introducing a framework heavily influenced by the common law system,
while also reflecting civil law tendencies. The CPC is characterized as a precise but interpretable
code, requiring legal scholars and practitioners to apply it within the context of established
criminal procedure principles and rules.

Significance and Challenges:

While the CPC provides a significant foundation for modern criminal procedure in Ethiopia, it
exhibits certain gaps, necessitating interpretation by legal professionals to address lacunae in
various subject areas. Overall, the CPC aligns with global trends in criminal procedure,
embodying principles that are essential for the evolution of law in Ethiopia, although its brevity
(with only 224 articles compared to the 482 articles in the Civil Procedure Code) limits its
comprehensiveness.

Example:
The CPC allows for various interpretations of procedures related to the rights of the accused,
necessitating ongoing dialogue among legal practitioners to ensure just application within the
Ethiopian context.

Flashcards

1. Q: What influenced the development of Ethiopia's Criminal Procedure Code (CPC)?

A: The CPC was primarily influenced by the common law legal system, with civil law
inclinations.
2. Q: What are two traditional methods used in Ethiopia for detecting and judging criminals
before the CPC?
A: The two methods are leba shay and afersata.
 3. Q: What is a significant challenge associated with the CPC?
A: The CPC contains lacunas that require legal interpretation by practitioners and
scholars.
4. Q: How does the size of the CPC affect its effectiveness?
A: The CPC's limited size (224 articles) results in gaps in coverage compared to other
legal codes, necessitating interpretation to fill these gaps.

Multiple Choice Questions

1. What marked the transition to modern criminal justice in Ethiopia?

A) The abandonment of traditional methods
B) The enactment of the Criminal Procedure Code (CPC)
C) The introduction of civil law principles
D) The influence of foreign legal systems

Correct Answer: B) The enactment of the Criminal Procedure Code (CPC)

2. Which of the following statements is true about the CPC?

A) It is a comprehensive code covering all aspects of criminal procedure.
B) It requires legal scholars to interpret its provisions due to gaps.
C) It was solely based on traditional Ethiopian practices.
D) It has no influence from common law or civil law.

Correct Answer: B) It requires legal scholars to interpret its provisions due to gaps.

3. What was a major criticism of the CPC upon its enactment?

A) It was too lengthy and complex.
B) It did not address modern criminal principles.
C) It was overly simplistic and lacked detail.
D) It ignored traditional practices completely.

Correct Answer: C) It was overly simplistic and lacked detail.

Discussion Questions
 1. Explain the history of Ethiopian criminal procedure in light of the developments in
other parts of the world.
The history of Ethiopian criminal procedure can be understood through its transition from
traditional practices to a more formalized legal framework with the enactment of the
Criminal Procedure Code (CPC). Before the CPC, criminal procedures relied on
customary laws and informal mechanisms, such as leba shay and afersata, which were
often susceptible to abuse. In comparison, other parts of the world, particularly those
influenced by common and civil law traditions, had established more systematic
approaches to criminal justice earlier on. The global trend toward codification and
modernization of criminal procedures in the 19th and 20th centuries set a precedent that
influenced Ethiopia's adoption of the CPC, reflecting the need for a structured legal
system that aligns with international norms and practices.
2. What are the pros and cons of the traditional Ethiopian criminal justice system?
Pros:
o Cultural Relevance: The traditional system was closely tied to community
values and social norms, fostering a sense of local ownership over justice.
o Quick Resolution: Traditional mechanisms often allowed for faster resolution of
disputes compared to formal legal processes.
o Informal Engagement: It encouraged community participation in the judicial
process, allowing for restorative practices and conflict resolution.

Cons:

o Lack of Formalization: The absence of standardized procedures led to

inconsistencies in judgment and potential abuse of power.
o Limited Rights Protection: The traditional methods often did not adequately
protect the rights of the accused, resulting in unfair trials and arbitrary decisions.
o Vulnerability to Corruption: The informal nature of traditional justice could
enable corruption and bias, undermining trust in the system.
3. Which legal system influenced the drafting of the CPC?
The drafting of the Criminal Procedure Code (CPC) in Ethiopia was primarily influenced
by the common law legal system, though it also incorporated elements of the civil law
system. This dual influence reflects a desire to modernize the legal framework while also
addressing local needs and principles, leading to a code that is precise but requires
interpretation to fill the gaps and apply it effectively within the Ethiopian context.

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