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.
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.
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.
This book offers an accessible introduction to comparative criminal justice and examines and reflects on the ways different countries and jurisdictions deal with the main stages in the criminal justice process, from policing to sentencing. This popular bestseller has been fully updated and expanded for the third edition. This textbook provides the reader with: a comparative perspective on criminal justice and its main components; a knowledge of methodology for comparative research and analysis; an understanding of the emerging concepts in comparative criminal justice, such as security, surveillance, retribution and rehabilitation; a discussion of global trends such as the global drop in crime, the punitive turn, penal populism, privatization, international policing and international criminal tribunals. The new edition has been fully updated to keep abreast with this growing field of study and research, including increased coverage of the challenge of globalization and its role and influence on criminal justice systems around the world. Topics such as state crime, genocide and the international criminal court have also grown in prominence since the publication of the last edition and are given increased coverage. This book will be perfect reading for advanced undergraduates and postgraduates taking courses in comparative criminal justice and those who are engaged in the study of global responses to crime. New features such as lists of further reading, study questions and boxed case studies help bring comparative criminal justice alive for students and instructors alike.
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.
David Nelken is the 2013 laureate of the Association for Law and Society International Prize The increasingly important topic of comparative criminal justice is examined from an original and insightful perspective by David Nelken, one of the top scholars in the field. The author looks at why we should study crime and criminal justice in a comparative and international context, and the difficulties we encounter when we do. Drawing on experience of teaching and research in a variety of countries, the author offers multiple illustrations of striking differences in the roles of criminal justice actors and ways of handling crime problems. The book includes in-depth discussions of such key issues as how we can learn from other jurisdictions, compare ′like with like′, and balance explanation with understanding – for example, in making sense of national differences in prison rates. Careful attention is given to the question of how far globalisation challenges traditional ways of comparing units. The book also offers a number of helpful tips on methodology, showing why method and substance cannot and should not be separated when it comes to understanding other people′s systems of justice. Students and academics in criminology and criminal justice will find this book an invaluable resource. Compact Criminology is an exciting series that invigorates and challenges the international field of criminology. Books in the series are short, authoritative, innovative assessments of emerging issues in criminology and criminal justice – offering critical, accessible introductions to important topics. They take a global rather than a narrowly national approach. Eminently readable and first-rate in quality, each book is written by a leading specialist. Compact Criminology provides a new type of tool for teaching, learning and research, one that is flexible and light on its feet. The series addresses fundamental needs in the growing and increasingly differentiated field of criminology.
Practical Global Criminal Procedure contextualizes criminal procedural law by analyzing police investigation in a homicide case under the law of the United States, Argentina, and the Netherlands. The book discusses the fictional case of Nico Jansen, an 18-year-old high school student who, after a series of events, is charged with murder. The initial police investigation of Nico and his co-defendant becomes the vehicle for an in-depth examination of seizures, searches, interrogations, identifications, and remedies for procedural violations under the law of each country. This book is designed as a student reader, and it can be used to provide a comparative experience to students in a basic criminal procedure course, to supplement a comparative law survey course, or to serve as primary text in a comparative criminal procedure course. The initial chapters provide a basic overview of life, crime, the legal system, and the criminal system in each country, and sets forth the facts of Nico''s case. The remaining chapters discuss the relevant criminal procedural law in each country and apply that law to the specific circumstances of Nico''s case. Comparison charts appear at the end of each substantive chapter to highlight and summarize the similarities and differences between each country''s laws. This book is part of the Contextual Approach Series, edited by Andrew J. McClurg, Professor and Herff Chair of Excellence in Law, The University of Memphis Cecil C. Humphreys School of Law. "This is comparative law as we dreamed it could be. The authors meticulously take us through the ins and outs of criminal procedure in three different countries. They provide the detail and continuity largely missing from individual works of comparative law, consisting only of disconnected snapshots of a foreign legal regime. From the comprehensive perspective of this work, and the clear collaboration among all three authors, the reader is offered a coherent comparative account of the detailed workings of the criminal justice systems in the U.S., Argentina, and the Netherlands." --Jorge Esquirol, Professor of Law, Florida International University College of Law "Because it uses a single hypothetical case as a springboard, this casebook allows students to compare in a rich factual context the nuances of the law regulating searches and seizures, interrogation, and identification in the United States, Argentina and the Netherlands. The three authors, each experts about their own countries, provide a compact, yet informed and comprehensive account of the fundamental differences between the investigative phases of these three archetypical criminal justice systems." --Christopher Slobogin, Milton Underwood Professor of Law, Vanderbilt University Law School "This book is an extremely useful introduction to comparative criminal procedure. It takes a rather complicated murder case and shows readers how the case with its pretrial issues including search issues, issues surrounding the questioning of suspects, and identification issues would be resolved under the law in three very different legal systems. It will prove an excellent teaching tool for law students in comparative law courses, but because it is such a readable book, it will also serve as an excellent resource for anyone interested in understanding different legal cultures." --William Pizzi, Professor Emeritus, University of Colorado Law School "Practical Global Criminal Procedure is a great resource and teaching tool. It offers readers the opportunity to challenge unknowing assumptions they have about criminal investigation and prosecution in different legal systems. The comparison between U.S., Argentine, and Netherlands law permits the authors to offer insight into contrasting perspectives on criminal law and criminal investigation: common law versus civil law frameworks, adversarial versus inquisitive processes, the judge as a neutral party versus the judge as a director of the case, and all points in between. The comparison also allows the reader to consider, in the case of The Netherlands, the overlay of a strong regional international human rights tradition. All of this is accomplished by following a single factual scenario through investigation, arrest, and trial. The reader is left with a deeper understanding of the law in these three jurisdictions, as well as an appreciation of not only how to undertake a comparative analysis of the law, but why more of us should do so." --Marcella David, Professor of Law & International Studies, Associate Dean for International & Comparative Law, University of Iowa College of Law
'International Criminal Procedure, edited by two insiders to international criminal proceedings, Professor Linda Carter and Professor Fausto Pocar, a judge at the ICTY and a former President of this Tribunal, is a coherently organized, well-researched, very informative and not the least elegantly-written contribution to a young and rapidly developing legal sub-discipline. The book provides its reader with a highly accessible and up-to date introduction into key elements of international criminal procedure as well as with critical commentary and rich inspiration for improvements of current practices.' – Claus Kreß LL.M. (Cantab.), University of Cologne, Germany and Institute for International Peace and Security Law 'This book addresses compelling issues that have come before international criminal tribunals. They include the self-representation of accused persons, plea bargaining and victim participation. It usefully approaches all of the issues and problems from a comparative law perspective. This excellent and accessible work is essential reading for practitioners, faculty and students of international criminal law.' – Richard Goldstone, Retired Justice of the Constitutional Court of South Africa and for Chief Prosecutor of the United Nations International Criminal Tribunals for the former Yugoslavia and Rwanda The emergence of international criminal courts, beginning with the International Criminal Tribunal for the former Yugoslavia and including the International Criminal Court, has also brought an evolving international criminal procedure. In this book, the authors examine selected issues that reflect a blending of, or choice between, civil law and common law models of procedure. The issues include background on civil law and common law legal systems; plea bargaining; witness proofing; written and oral evidence; self-representation and the use of assigned, standby, and amicus counsel; the role of victims; and the right to appeal. International Criminal Procedure will appeal to academics, students, researchers, lawyers and judges working in the field of international criminal law.
This book is a comparative study of the exclusion of illegally gathered evidence in the criminal trial , which includes 15 country studies, a chapter on the European Court of Human Rights, and a comparative synthetic conclusion. No other book has undertaken such a broad comparative study of exclusionary rules, which have now become a world-wide phenomenon. The topic is one of the most controversial in criminal procedure law, because it reveals a constant tension between the criminal court’s duty to ascertain the truth, on the one hand, and its duty to uphold important constitutional rights on the other, most importantly, the privilege against self-incrimination and the right to privacy in one's home and one's private communications. The chapters were contributed by noted world experts on the subject for the XVIII Congress of the International Academy of Comparative Law in Washington in July 2010.
