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A comparative analysis of the criminal and civil justice systems in England and Wales

A comparative analysis of the criminal and civil justice systems in England and Wales

Chapter:
(p.89) 5 A comparative analysis of the criminal and civil justice systems in England and Wales
Source:
Law in Popular Belief
Author(s):
Matthew R. Smith
Publisher:
Manchester University Press
DOI:10.7228/manchester/9780719097836.003.0006

This Chapter explores the current criminal and civil justice systems in England and Wales and compares their accessibility to the public, their value for money and their overall viability. The international credit crisis resulted in government cuts and streamlining has produced an appetite to reduce criminal and civil litigation. In the criminal justice system, fewer cases are prosecuted whilst in the civil justice system; there is a desire to deter litigation by a number of measures. This Chapter argues that this philosophy is detrimental to both systems resulting in the reduction of genuine litigation thereby rendering the accessibility to both systems difficult and unfair. Whilst their economic viability might appear to be sound, this Chapter maintains that overall they are not economically viable and there needs to be a fundamental change in philosophy and approach.

Keywords:   criminal justice system, economics of justice, access to justice, litigation

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