Comparative Criminal Procedure
Comparative Criminal Procedure
Ross, Jacqueline E.; Thaman, Stephen C.
Edward Elgar Publishing Ltd
01/2018
576
Mole
Inglês
9781785368899
15 a 20 dias
PART I INTRODUCTION: MAPPING DIALOGUE AND CHANGE IN COMPARATIVE CRIMINAL PROCEDURE
Jacqueline E. Ross and Stephen C. Thaman
PART II HOLISTIC COMPARISONS
1. Limits on the Search for Truth in Criminal Procedure: A Comparative View
Jenia Iontcheva Turner
2. Ensuring the Factual Reliability of Criminal Convictions: Reasoned Judgments or a Return to Formal Rules of Evidence?
Stephen C. Thaman
PART III DIACHRONIC COMPARISONS
A. Screening Mechanisms
3. Anticipatory Bail in India: Addressing Misuse of the Criminal Justice Process?
Vikramaditya S. Khanna and Kartikey Mahajan
4. Mechanisms for Screening Prosecutorial Charging Decisions in the United States and Taiwan
Tzu-te Wen and Andrew D. Leipold
5. Standards for Making Factual Determinations in Arrest and Pretrial Detention: A Comparative Analysis of Law and Practice
Richard Vogler and Shahrzad Fouladvand
B. Pretrial Investigation
6. Procedural Economy in Pre-Trial Procedure: Developments in Germany and the United States
Shawn Marie Boyne
7. From the Domestic to the European: An Empirical Approach to Comparative Custodial Legal Advice
Jacqueline S. Hodgson
8. A Comparative Perspective on the Exclusionary Rule in Search and Seizure Cases
Christopher Slobogin
9. Silence, Self-Incrimination, and Hazards of Globalization
Jason Mazzone
C. Adjudication: Jury Trials
10. Rumba Justice and the Spanish Jury Trial
Elisabetta Grande
11. Japan's Lay Judge System
David T. Johnson
12. The French Case for Requiring Juries to Give Reasons: Safeguarding Defendants or Guarding the Judges?
Mathilde Cohen
PART IV SYNCHRONIC COMPARISONS: ALTERNATIVES TO TRIAL, TO CRIMINAL INVESTIGATIONS, AND TO THE CRIMINAL PROCESS ITSELF
13. Special Investigative Techniques in Post-Soviet States: The Divide Between Preventive Policing and Criminal Investigation
Nikolai Kovalev and Stephen C. Thaman
14. The Emergence of Foreign Intelligence Investigations as Alternatives to the Criminal Process: A View of American Counterterrorism Surveillance Through German Lenses
Jacqueline E. Ross
V EPILOGUE
Strength, Weakness, or Both? On the Endurance of the Adversarial-Inquisitorial Systems in Comparative Criminal Procedure
Maximo Langer
Index
PART I INTRODUCTION: MAPPING DIALOGUE AND CHANGE IN COMPARATIVE CRIMINAL PROCEDURE
Jacqueline E. Ross and Stephen C. Thaman
PART II HOLISTIC COMPARISONS
1. Limits on the Search for Truth in Criminal Procedure: A Comparative View
Jenia Iontcheva Turner
2. Ensuring the Factual Reliability of Criminal Convictions: Reasoned Judgments or a Return to Formal Rules of Evidence?
Stephen C. Thaman
PART III DIACHRONIC COMPARISONS
A. Screening Mechanisms
3. Anticipatory Bail in India: Addressing Misuse of the Criminal Justice Process?
Vikramaditya S. Khanna and Kartikey Mahajan
4. Mechanisms for Screening Prosecutorial Charging Decisions in the United States and Taiwan
Tzu-te Wen and Andrew D. Leipold
5. Standards for Making Factual Determinations in Arrest and Pretrial Detention: A Comparative Analysis of Law and Practice
Richard Vogler and Shahrzad Fouladvand
B. Pretrial Investigation
6. Procedural Economy in Pre-Trial Procedure: Developments in Germany and the United States
Shawn Marie Boyne
7. From the Domestic to the European: An Empirical Approach to Comparative Custodial Legal Advice
Jacqueline S. Hodgson
8. A Comparative Perspective on the Exclusionary Rule in Search and Seizure Cases
Christopher Slobogin
9. Silence, Self-Incrimination, and Hazards of Globalization
Jason Mazzone
C. Adjudication: Jury Trials
10. Rumba Justice and the Spanish Jury Trial
Elisabetta Grande
11. Japan's Lay Judge System
David T. Johnson
12. The French Case for Requiring Juries to Give Reasons: Safeguarding Defendants or Guarding the Judges?
Mathilde Cohen
PART IV SYNCHRONIC COMPARISONS: ALTERNATIVES TO TRIAL, TO CRIMINAL INVESTIGATIONS, AND TO THE CRIMINAL PROCESS ITSELF
13. Special Investigative Techniques in Post-Soviet States: The Divide Between Preventive Policing and Criminal Investigation
Nikolai Kovalev and Stephen C. Thaman
14. The Emergence of Foreign Intelligence Investigations as Alternatives to the Criminal Process: A View of American Counterterrorism Surveillance Through German Lenses
Jacqueline E. Ross
V EPILOGUE
Strength, Weakness, or Both? On the Endurance of the Adversarial-Inquisitorial Systems in Comparative Criminal Procedure
Maximo Langer
Index