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Comparative Criminal Procedure

Author: Jacqueline E. Ross

Publisher: Edward Elgar Publishing

Published: 2016-06-24

Total Pages: 576

ISBN-13: 1781007195

This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.

Comparative Criminal Procedure

Author: Stephen Thaman

Publisher:

Published: 2008

Total Pages: 0

ISBN-13: 9781594605000

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As in the first edition, Comparative Criminal Procedure presents a topical approach to the subject, focusing on the roles of public prosecutors, police, victims, and defense attorneys in the investigation of criminal cases and trials up through the judgment phase. Thaman uses high court jurisprudence in English translation to elucidate the European approach to important, and often controversial, areas of criminal procedure, and he also links criminal procedure with its roots in substantive criminal law. Thaman looks at the early reactions to flagrant and secret crimes as the historical roots of modern criminal procedure. The approaches of the old inquisitorial system and the use of torture to solve circumstantial evidence crimes are also presented. The Second Edition retains the basic content and organization of the original edition. It updates the citations to U.S. Supreme Court cases and to important literature which has appeared in the last six years. Some new important cases are referred to, primarily in footnotes. Stylistic improvements to the text and translations have been made and glossary entries (including some Russian terms) have been added. This book is part of the Comparative Law Series, edited by Michael L. Corrado, Arch T. Allen Distinguished Professor of Law, UNC School of Law.

The Handbook of Comparative Criminal Law

Author: Kevin Jon Heller

Publisher: Stanford University Press

Published: 2010-12-01

Total Pages: 672

ISBN-13: 0804777292

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This handbook explores criminal law systems from around the world, with the express aim of stimulating comparison and discussion. General principles of criminal liability receive prominent coverage in each essay—including discussions of rationales for punishment, the role and design of criminal codes, the general structure of criminal liability, accounts of mens rea, and the rights that criminal law is designed to protect—before the authors turn to more specific offenses like homicide, theft, sexual offenses, victimless crimes, and terrorism. This key reference covers all of the world's major legal systems—common, civil, Asian, and Islamic law traditions—with essays on sixteen countries on six different continents. The introduction places each country within traditional distinctions among legal systems and explores noteworthy similarities and differences among the countries covered, providing an ideal entry into the fascinating range of criminal law systems in use the world over.

Crime, Procedure and Evidence in a Comparative and International Context

Author: John D Jackson

Publisher: Bloomsbury Publishing

Published: 2008-09-29

Total Pages: 450

ISBN-13: 1847314627

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This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaška 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.

Comparative Concepts of Criminal Law

Author: Johannes Keiler

Publisher:

Published: 2019

Total Pages: 0

ISBN-13: 9781780686851

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"This handbook ... fills a legal educational gap by exploring basic concepts of substantive criminal law in three major European legal systems: the common law system of England and Wales and the civil law systems of Germany and the Netherlands. Each chapter focuses on a specific concept or doctrine that is necessary to determine criminal liability (e.g. actus reus, mens rea, defences, inchoate offences). Throughout the book the authors also highlight and discuss some recent legislative and judicial developments that broaden the scope of criminal liability in our modern culture of control"--Back cover.

Comparative Criminal Procedure

Author: Raneta Lawson Mack

Publisher:

Published: 2017

Total Pages: 0

ISBN-13: 9780837740331

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The current globalization of informational access, criminal activity and terrorist interdiction highlights the criminal justice processes in countries around the world. In this emerging global community, comparative analysis of criminal justice is important for gaining an understanding of the complex values that define conceptions of justice across the globe. This book takes a holistic approach to comparative analyses by examining individual processes as a means to highlight differences among systems, while simultaneously exploring and illustrating the historical and procedural contexts that explain why those differences occur.--Publisher.

Comparative Criminal Justice

Author: Francis Pakes

Publisher: Routledge

Published: 2012-07-26

Total Pages: 225

ISBN-13: 1136308946

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This book aims to meet the need for an accessible introductory text on comparative criminal justice, examining the ways different countries and jurisdictions deal with the main stages and elements in the criminal justice process, from policing through to sentencing. Examples are taken from all over the world, with a particular focus on Europe, the UK, the United States and Australasia. The main aims of the book are to provide the reader with: a comparative perspective on criminal justice and its main components an understanding of the increasing globalization of justice and standards of the administration of justice a knowledge of methodology for comparative research and analysis an understanding of the most important concepts in criminal justice (such as inquisitorial and adversarial trial systems, policing styles, crime control versus due process, retribution versus rehabilitation etc) discussion of global trends such as the rise of imprisonment, penal populism, diversion, international policing and international tribunals an insight into what the essential ingredients of doing justice might be. This fully updated and expanded new edition of Comparative Criminal Justice takes into account the considerable advances in comparative criminal justice research since the first edition in 2004. Each chapter has been thoroughly updated and in addition, there is a new chapter on establishing the rate of crime in a comparative context. The rate of development in international policing and international development has been such that there is now an individual chapter devoted to each; and throughout the book, the role of globalization, changing both the local and the global in criminal justice arrangements, orientations and discourses, has now been given the prominence it deserves.

The Right to Counsel and the Protection of Attorney-Client Privilege in Criminal Proceedings

Author: Lorena Bachmaier Winter

Publisher: Springer Nature

Published: 2020-06-10

Total Pages: 440

ISBN-13: 3030431231

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The book provides an overview of the right to counsel and the attorney-client privilege in the following 12 jurisdictions: China, Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain, Switzerland, Turkey, UK and USA. The right to counsel is a fundamental right providing the accused access to justice in criminal proceedings. Lawyers can only practice their profession properly if clients have complete trust in their lawyer’s discretion. This trust is safeguarded by the attorney-client privilege, which is an indispensable part of every constitutional state and one of the most important professional duties of a lawyer. It is of particular importance in criminal proceedings regarding the protection of the confidentiality of lawyer-client communications in the different procedural stages, coercive measures as well as the various duties and interests in play. However, the communications protected by attorney-client privilege vary greatly from country to country. With regard to criminal investigations in an increasingly globalised world, where sophisticated tools enable broad digital investigations, there is an urgent need to clarify how this fundamental right is protected at both the national and supranational level. Each chapter explores the regulations, practices and recent developments in each jurisdiction and was written by highly qualified experts in the legal field – from academia and practice alike. It identifies possible solutions and best practices, providing valuable insights for practitioners and law-making bodies alike regarding the actual protection (or lack thereof) of lawyer-client confidentiality in the pretrial and trial stage of criminal proceedings.