The Oxford Handbook of Criminal Process

by Darryl K. Brown (Editor), Jenia Iontcheva Turner (Editor), Bettina Weisser (Editor)

Overview

The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.

Product Details

ISBN-13:	9780190659868
Publisher:	Oxford University Press
Publication date:	02/22/2019
Series:	Oxford Handbooks
Sold by:	Barnes & Noble
Format:	eBook
Pages:	952
File size:	2 MB

About the Author

Darryl K. Brown is O.M. Vicars Professor of Law at the University of Virginia School of Law. Jenia Iontcheva Turner is Professor of Law at the Southern Methodist Dedman School of Law. Bettina Weisser is Professor of Law at the University of Cologne

Table of Contents

PART I: FOUNDATIONS 1. Criminal Process in the Dual Penal State: A Comparative-Historical Analysis Markus Dubber 2. Fundamental Values of Criminal Procedure Richard Lippke 3. Empirical Approaches to Criminal Procedure Jackie Hodgson&Yu Mou 4. Comparative Approaches to Criminal Procedure: Transplants, Translations and Adversarial-Model Reforms in European Criminal Process Elisabetta Grande 5. The European Convention on Human Rights and the European Court of Human Rights as Guardians of Fair Criminal Proceedings in Europe Bettina Weisser 6. The European Union and the Rights of Individuals in Criminal Proceedings Valsamis Mitsilegas PART II: PROCEDURAL ROLES 7. Roles, Powers, Procedure and Practice: The Place of the Prosecutor in Common Law and Civil Law Jurisdictions Katalin Ligeti 8. Defense Rights in European Legal Systems under the Influence of the European Court of Human Rights Thomas Weigend 9. Defense Rights, Duties, Norms and Practices in Common Law and Civil Law Jurisdictions Ed Cape 10. Professional Judges, Lay Judges, and Lay Jurors Valerie Hans&Rebecca Helm 11. Rights and Duties of Experts Joelle Vuille 12. Conceptualizing the Victim within Criminal Justice Processes in Common Law Tradition Marie Manikis 13. Victim Rights in Civil Law Jurisdictions Johanna Göhler PART III: SURVEILLANCE AND INVESTIGATION 14. Betrayal by Bosses: Undercover Policing and the Problem of Upstream Defection Jacqueline Ross 15. Interviews of Suspects of Crime: Law and Practice in European Countries Marijke Malsch and Meike M. de Boer 16. Interrogation Law and Practice in Common Law Jurisdictions David Dixon 17. Digital Civil Liberties and the Translation Problem Michael Washington and Neil Richards 18. Prosecution-Led Investigations and Measures of Procedural Coercion in the Field of Corruption Maria Kaiafa-Gbandi PART IV: CRIMINAL PROSECUTION AND ITS ALTERNATIVES 19. International Corporate Prosecutions Brandon Garrett 20. Special Procedures for White-Collar and Corporate Wrongdoing: A European Perspective Juliette Tricot 21. Double Jeopardy and ne bis in Idem in Common Law and Civil Law Jurisdictions Carl-Friedrich Stuckenberg 22. Jurisdiction and ne bis in Idem in Prosecution of Transnational Crimes André Klip 23. Detention before Trial and Civil Detention of Dangerous Individuals in Civil Law Jurisdictions Grischa Merkel 24. Pretrial Detention and Civil Detention of “Dangerous” Individuals in Common Law Jurisdictions Bernadette McSherry PART V: PREPARATION FOR ADJUDICATION 25. Evidence Discovery and Disclosure in Common Law Systems Darryl K. Brown 26. Access to and Limits on Evidence Dossiers in Civil Law Systems Michele Caianiello 27. Transnational Access to Evidence, Witnesses and Suspects Sabine Gless 28. International Law and Treaty Obligations, Mutual Legal Assistance and E.U. Instruments Martin Böse PART VI: ADJUDICATION: TRIALS AND ALTERNATIVES 29. Challenges of Trial Procedure Reform: Is European Union Legislation Part of the Solution or Part of the Problem? Helmut Satzger&Frank Zimmermann 30. Trial Procedure in Response to Terrorism Nicola McGarrity 31. Criminalization and Quasi-Criminalization of Terrorism: Emerging Trends and Tensions with Human Rights Law in the UK Helen Fenwick 32. Comparing Plea Bargaining and Abbreviated Trial Procedures Gwladys Gillieron 33. Common Law Plea Bargaining Mary Vogel 34. Forensic Science Evidence, Adversarial Criminal Proceedings and Mainstream Scientific “Advice” Gary Edmond 35. Beyond Common Law Evidence: Reimagining, and Reinvigorating, Evidence Law as Forensic Science John Jackson&Paul Roberts 36. Exclusion of Wrongfully Obtained Evidence: A Comparative Analysis Ho Hock Lai 37. Rights and Methods to Challenge Evidence and Witnesses in Civil Law Jurisdictions Lorena Bachmaier 38. The Confrontation Right Richard Friedman 39. Comparative Assessment of Sentencing Laws, Practices and Trends Tatjana Hörnle 40. Restorative Justice as an Alternative to Penal Sanctions Elisavet Symeonidou-Kastanidou PART VII: APPEALS AND POST-CONVICTION REVIEW 41. Appeal and Cassation in Continental European Criminal Justice Systems: Guarantees of Factual Accuracy, or Vehicles for Administrative Control? Stephen C. Thaman 42. Exceptional Procedures to Correct Miscarriages of Justice in Common Law Systems Kent Roach PART VIII: PROCEDURE IN INTERNATIONAL TRIBUNALS 43. Pluralism in International Criminal Procedure Jenia I. Turner