A Jurisprudential Inquiry into Investigatory Processes in American Courts

Authors

  • Zhangchilong Li

DOI:

https://doi.org/10.62051/v9h90722

Keywords:

United States Courts; Investigation; Evidence Collection; Jurisprudence; Adversarial system.

Abstract

This paper investigates how the American courts investigate and collect evidence from the perspective of legal theory and emphasises the theoretical basis and practical practice of American judicial procedure. It addresses adversary-system structures and procedural safeguards in standard law systems, focusing on the constitutional foundations (particularly the Fourth and Fifth Amendments) and federal rules of evidence as they determine the scope and admissible nature of proof. Using literature analysis, comparative perspectives, and case studies, this article examines how foundational principles of procedural justice (such as the burden of evidence and the exclusionary rule) have emerged through seminal cases (such as Mapp, Miranda, and Brady). This article will further explore the dual tension between protecting individual rights and ensuring an efficient legal process, focusing on the concept of discovery. The main conclusion of this paper is that although the US adversarial framework aims to uphold justice through strong procedural safeguards, it faces ongoing debates in areas such as technological progress, privacy versus public safety, and investigative procedures. Overall, this study argues that understanding the underlying jurisprudential underpinnings, covering theoretical, constitutional provisions, and practical disputes, is critical to understanding the evolving characteristics of US court investigations.

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References

[1] United Nations Office on Drugs and Crime, Adversarial vs. Inquisitorial Systems, E4J University Module Series, UNODC. (2018).

[2] Mapp v. Ohio, 367 U.S. 643 (1961).

[3] Miranda v. Arizona, 384 U.S. 436 (1966).

[4] B.N. Cardozo, People v. Defore, 242 N.Y. 13 (1926).

[5] J.H. Langbein, The German Advantage in Civil Procedure, U. Chi. L. Rev. 52 (1985) 823-866.

[6] American Bar Association (ABA), Criminal Justice Standards on Discovery, 4th ed., ABA Publishing. (2020).

[7] B.L. Garrett, Big Data and Due Process, 99 Cornell L. Rev. Online (2014) 207-216.

[8] National Institute of Justice, Digital Evidence and the Future of Criminal Investigations. (2021).

[9] S.W. Brenner, Cybercrime and the Law, Northeastern Univ. Press. (2012).

[10] Mary D. Fan, AI-Enhanced Evidence, Boston University Law Review. (2025).

[11] Xukang Wang, Yingcheng Wu & Zhe Ma, Blockchain in the Courtroom: Exploring Its Evidentiary Significance and Procedural Implications in U.S. Judicial Processes, Frontiers in Blockchain. 7 (2024) 1306058.

[12] Henry Zhuhao Wang, The Peculiarity of American Evidence Law: An Outsider’s Observation and Reflection, International Journal of Evidence & Proof. 26, 3 (2022) 271-290.

[13] Kenneth Propp, Navigating Toward an EU-U.S. Agreement on Electronic Evidence, Lawfare. 12, 1 (2023).

[14] H.L. Packer, Two Models of the Criminal Process, Univ. Pa. Law Rev. 113 (1964) 1-68.

[15] Brady v. Maryland, 373 U.S. 83 (1963).

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Published

17-08-2025

How to Cite

Li, Z. (2025). A Jurisprudential Inquiry into Investigatory Processes in American Courts. Transactions on Social Science, Education and Humanities Research, 14, 47-54. https://doi.org/10.62051/v9h90722