Description
The Application of Case Theory and Crime Theory in the Adversarial Criminal Process
Book Summary
This work offers a practical and systematic guide for building criminal cases within the adversarial model. The author, Hesbert Benavente Chorres, explains how to integrate Case Theory with Crime Theory, providing tools for lawyers, prosecutors, and judges to structure solid procedural strategies. The book focuses on the importance of subsuming facts into criminal types and supporting them with sufficient evidence, preventing a case from becoming a mere story without legal basis.
What is it about?
The book addresses the process of building a criminal case from its theoretical foundations to its practical application. It starts from the premise that a criminal case is not just a narrative of facts, but a structure that must meet legal and evidentiary requirements. It analyzes how Crime Theory serves as a framework to verify whether facts are subsumable into a criminal type, while Case Theory organizes the presentation strategy before the court. Throughout the work, techniques are explored for selecting evidence, arguing legally, and persuading the judge, all within the context of the adversarial criminal process.
Main Topics
- Construction of Case Theory in the adversarial system.
- Relationship between Crime Theory and the subsumption of facts into criminal types.
- Litigation strategies and presentation of evidence.
- Differences between a factual account and a criminal case with legal support.
- Role of the prosecutor and defense attorney in structuring the case.
Who is it recommended for?
This book is aimed at criminal law professionals and students, especially trial lawyers, prosecutors, judges, and academics interested in the adversarial criminal process. It is also useful for those seeking to understand how to apply legal theory to forensic practice, improving the quality of their arguments and procedural strategies.
What this book contributes
- A clear method for integrating Crime Theory with Case Theory in daily practice.
- Tools to evaluate whether the available facts constitute a viable criminal case.
- Strategies for selecting and presenting evidence effectively before the court.
- A guide to avoiding common errors when constructing criminal arguments.
- Practical approach applicable to different roles within the criminal process.
Technical Sheet
- Author: Benavente Chorres, Hesbert
- Publisher: J.M. Bosch Editor
- Language: Spanish
- Subject: CRIMINAL PROCESS
- Collection: TBD COLLECTION
- Binding: Paperback
- Publication date: May 2011
- Number of pages: 456
- Weight: 770 g
Editorial Assessment
This work is of interest to criminal law professionals seeking a rigorous and applied approach to the adversarial process. The combination of theory and practice allows the reader to understand how to transform facts into legally solid cases, an essential aspect of modern litigation. Its focus on the integration of Crime Theory and Case Theory offers added value for those who wish to improve their argumentative and strategic capacity in the criminal field.