Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds

Abstract

At first glance the criminal justice systems of Australia and the United States look strikingly
similar. With common law roots from England, they both emphasize the adversary system, the role
of the advocate, the presumption of innocence, and an appeals process. Upon closer reflection,
however, they appear starkly different. From both Australian and U.S. perspectives, the authors
explore those differences, examining important features such as the exclusion of evidence, rules
regarding interrogation, the entrapment defense, and the open nature of trials. The Article
concludes with an analysis of the reasons for those differences, reasons that heavily relate back to
the founding of the two nations and the drafting of distinctly dissimilar constitutions.