Four Criminal Procedure Case Studies In Comparative Perspective
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Author | : Marco Fabri |
Publisher | : Stämpfli Verlag |
Total Pages | : 481 |
Release | : 2016-02-17 |
Genre | : Law |
ISBN | : 3727259442 |
The essays collected in this volume are the result of cooperation between the Justice Partnership Programme in Hanoi and the Supreme Peoples Procuracy of Vietnam. The programme is co-funded by the European Union, Denmark and Sweden. Knowledge of the criminal procedures of other countries has been of particular importance to the drafters of the Criminal Procedure Code of Vietnam as they approximate the law to international standards. The essays contain detailed and systematic analyses of the criminal procedures in Italy, China, Russia and the United States of America. The common structure of the analyses and the meta-analyses of the editor of the book make a comparative study out of it. The study on the criminal procedure in China is one of the few on this subject ever published in English.
Author | : Francis Pakes |
Publisher | : Routledge |
Total Pages | : 251 |
Release | : 2017-08-16 |
Genre | : Social Science |
ISBN | : 1135982368 |
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.
Author | : Liling Yue |
Publisher | : Bloomsbury Publishing |
Total Pages | : 268 |
Release | : 2021-10-07 |
Genre | : Law |
ISBN | : 1509934928 |
This book presents a short history and timeline of criminal procedure legislation in China. First, it addresses the status of Human Rights Conventions and the challenges resulting from human rights standards for Chinese criminal procedural law and practice. The discussion then moves on to explore the fundaments of Chinese criminal procedure such as the applicable law found in the Chinese CPL (Criminal Procedure Law) and legal institutions. The book covers relevant actors in the Chinese Criminal Justice System (ie judges, prosecutors, police, defence councils) as well as the relationships between them. It also includes topics relating to the victims of crime and their role in criminal proceedings. Starting with pre-trial investigations (extending in particular to coercive measures and discretionary powers in the implementation of non-prosecution policies) the book continues as a guide through the basic principles of criminal trial, standards of evidence and rules related to conviction. Appeals and the issue of reopening criminal proceedings are also considered, with the book making particular reference to a number of special procedures (including juvenile delinquency) in the closing chapter.
Author | : Karolina Kremens |
Publisher | : Routledge |
Total Pages | : 0 |
Release | : 2022-09-26 |
Genre | : Criminal investigation |
ISBN | : 9780367655587 |
This comparative analysis examines the scope of prosecutorial powers at different phases of criminal investigation in four countries: the United States, Italy, Poland, and Germany. Since in all four the number of criminal cases decided without trial is constantly increasing, criminal investigation has become central in the criminal process. The work asks: who should be in charge of this stage of the process? Prosecutors have gained tremendous powers to influence the outcome of the criminal cases, including powers once reserved for judges. In a system in which the role of the trial is diminishing and the significance of criminal investigation is growing, this book questions whether the prosecutor's powers at the early stage of the process should be enhanced. Using a problem-oriented approach, the book provides a parallel analysis of each country along five possible spheres of prosecutorial engagement: commencing criminal investigation; conducting criminal investigation, undertaking initial charging decisions; imposing coercive measures; and discontinuing criminal investigation. Using the competing adversarial-inquisitorial models as a framework, the focus is on the prosecutor as a crucial figure in the criminal process and investigation. The insights of this book will be of interest and relevance to students and academics in criminal justice, criminology, law, and public policy, as well as policymakers, government officials, and others interested in legal reform.
Author | : David Nelken |
Publisher | : SAGE |
Total Pages | : 129 |
Release | : 2010-04-22 |
Genre | : Social Science |
ISBN | : 144624833X |
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.
Author | : Floyd Feeney |
Publisher | : Brill Nijhoff |
Total Pages | : 0 |
Release | : 2005 |
Genre | : Criminal justice, Administration of |
ISBN | : 9781571053480 |
Building on the emerging principle that no organism as complex as a criminal justice system can be well understood solely through an analysis of one or two features, the book introduces the unique perspective of a new, more holistic, case-oriented method of comparison. Using California as the model for the adversarial system and Germany as the model for the inquisitorial system, it seeks to add a new dimension to the comparative study of criminal justice. The basic idea is contained in the title, 'One Case-Two Systems'. Containing the first ever side-by-side portrayals of full American and German trials, the book views a single case through two separate lenses -- one American, one German. Returning home unexpectedly from a vacation in the country, an elderly man interrupts a night time burglary in his own house and is attacked as the burglar tries to escape. By portraying an ordinary crime -- a burglary that turns into a robbery -- rather than a dramatic, high-profile murder, the book provides a detailed, working picture of the two systems and the contrasts between them. Allowing the reader to observe and compare the formal steps that cases go through in the two systems, it brings the work of the police, the prosecution, the defense, and the courts to life -- by giving thoughts and reasons as well as actions. Even the most critical documents are included. Designed to illustrate the most important differences between the two systems, the country chapters first portray the California investigation and prosecution and then take the same case through the German system. Investigation, arrest, detention, charging, lawyer discussions and negotiations, the defense attorney-defendant relationship, court hearings, the witnesses' testimony, and the court's rulings -- all are included. Comparative comments follow -- first from a German and then from an American point of view. Often seeing eye-to-eye but sometimes diverging sharply, the two sets of comments focus on the critical issues depicted in the country chapters -- seeking to explain the similarities, differences, and peculiarities of the two systems.
Author | : Gorden, Caroline |
Publisher | : Policy Press |
Total Pages | : 324 |
Release | : 2022-04-11 |
Genre | : Social Science |
ISBN | : 1529203678 |
From the trials of Oscar Pistorius to O. J. Simpson and Michael Jackson, this innovative book provides a critical review of 11 high profile criminal cases. It delivers an accessible examination of the sociological and psychological processes underpinning the construction of guilt and innocence in criminal trials, the media and wider society.
Author | : Jacqueline E. Ross |
Publisher | : Edward Elgar Publishing |
Total Pages | : 568 |
Release | : 2016-06-24 |
Genre | : Law |
ISBN | : 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.
Author | : |
Publisher | : |
Total Pages | : 612 |
Release | : 2000 |
Genre | : Crime analysis |
ISBN | : |
Author | : Andreas E. Feldmann |
Publisher | : Cambridge University Press |
Total Pages | : 97 |
Release | : 2023-08-10 |
Genre | : Political Science |
ISBN | : 110896060X |
This Element investigates the relationship between the narcotics industry and politics and assesses how it influences domestic political dynamics, including economic development prospects in Latin America. It argues that links between criminal organizations, politicians, and state agents give rise to criminal politics (i.e., the interrelated activity of politicians, organized crime actors, and state agents in pursuing their respective agendas and goals). Criminal politics is upending how countries function politically and, consequently, impacting the prospects and nature of their social and economic development. The Element claims that diverse manifestations of criminal politics arise depending on how different phases of drug-trafficking activity (e.g., production, trafficking, and money laundering) interact with countries' distinct politico-institutional endowments. The argument is probed through the systematic examination of four cases that have received scant attention in the specialized literature: Chile,Paraguay, Peru, and Uruguay.