Common Law vs. Civil Law
The two great legal traditions and how they shape criminal justice systems around the world.
The Common Law Tradition
The common law tradition originated in England and spread through colonization to the United States, Canada, Australia, India, and much of Africa and Asia. Its defining feature is the reliance on judicial precedent (stare decisis): courts follow prior decisions, and judge-made law is a primary source of rules. Criminal law is found in both statutes and case law.
In criminal justice, common law systems are adversarial. The prosecution and defense present competing cases before a passive judge who acts as a referee. The jury, composed of ordinary citizens, determines guilt or innocence based on the evidence presented. The burden of proof rests entirely on the prosecution, which must prove guilt beyond a reasonable doubt.
