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Access to and Limits on Evidence Dossiers in Civil Law Systems  

Michele Caianiello

Print publication date:
Apr 2019
Online publication date:
Feb 2019
Subject:
Law, Criminal Law
This chapter examines issues surrounding the right of access to and limits on evidence dossiers in civil law systems. It first provides an overview of the general aims pursued by the law ... More

Acts and Actus Reus  

Vincent Chiao

Print publication date:
Nov 2014
Online publication date:
Mar 2015
Subject:
Law, Criminal Law
This chapter examines the concept of actus reus as a basic, essential component of criminal liability. It considers a range of recent scholarly interpretations of actus reus and the extent ... More

Appeal and Cassation in Continental European Criminal Justice Systems: Guarantees of Factual Accuracy, or Vehicles for Administrative Control?  

Stephen C. Thaman

Print publication date:
Apr 2019
Online publication date:
Feb 2019
Subject:
Law, Criminal Law
This chapterexamines appeal and cassation as procedural vehicles for challenging criminal judgments rendered by trial courts in five European countries: France, Germany, Italy, Russia and ... More

Betrayal by Bosses: Undercover Policing and the Problem of “Upstream Defection” by Rogue Principals  

Jacqueline E. Ross

Print publication date:
Apr 2019
Online publication date:
Feb 2019
Subject:
Law, Criminal Law
This chapter identifies a management problem in the regulation of undercover operations and terms it the problem of “upstream defection” by a “rogue principal,” in contrast to the ... More

Beyond Common Law Evidence: Reimagining, and Reinvigorating, Evidence Law as Forensic Science  

John Jackson and Paul Roberts

Print publication date:
Apr 2019
Online publication date:
Feb 2019
Subject:
Law, Criminal Law
This chapter offers a critique of the “common law model” of the Law of Evidence and calls for a new organizing principle that “reimagines” evidence law as forensic science, particularly in ... More

Causation  

Carl-Friedrich Stuckenberg

Print publication date:
Nov 2014
Online publication date:
Mar 2015
Subject:
Law, Criminal Law
This chapter examines the role of causation in criminal law and especially as a central ingredient of criminal responsibility. It first discusses whether results should matter in the ... More

Challenges of Trial Procedure Reform: Is European Union Legislation Part of the Solution or Part of the Problem?  

Helmut Satzger and Frank Zimmermann

Print publication date:
Apr 2019
Online publication date:
Feb 2019
Subject:
Law, Criminal Law
This chapter examines the impact of European Union legislation on trial procedure reforms in EU Member States’ national criminal justice systems. It first considers the harmonization of ... More

The Charter and Criminal Justice  

Don Stuart

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter analyses the pervasive impact of the Charter on the Canadian criminal justice system. Active judicial interpretation of Charter rights has put in place distinctive ... More

Codification  

Lindsay Farmer

Print publication date:
Nov 2014
Online publication date:
Mar 2015
Subject:
Law, Criminal Law
This chapter examines the codification of criminal law by focusing on the theory and practice of codification in England and the United States. The aim of the chapter is to widen the focus ... More

Colonial Criminal Law and Other Modernities: European Criminal Law in the Nineteenth and Twentieth Centuries  

Markus D. Dubber

Print publication date:
Jul 2018
Online publication date:
Aug 2018
This chapter reflects on various traditional approaches to the historical study of European criminal law in the nineteenth and twentieth centuries. It examines several ways of naming and ... More

Comparative Approaches to Criminal Procedure: Transplants, Translations, and Adversarial-Model Reforms in European Criminal Process  

Eliabetta Grande

Print publication date:
Apr 2019
Online publication date:
Feb 2019
Subject:
Law, Criminal Law
This chapter discusses comparative approaches to criminal procedure, focusing on transplants, translations, and adversarial-model reforms in European criminal process. In particular, it ... More

Comparative Assessment of Sentencing Laws, Practices, and Trends  

Tatjana Hörnle

Print publication date:
Apr 2019
Online publication date:
Feb 2019
Subject:
Law, Criminal Law
This chapter offers a comparative analysis of sentencing laws, practices, and trends in various jurisdictions. It first provides an overview of the theoretical foundations of sentencing, ... More

Comparative Criminal Law  

Markus D. Dubber

Print publication date:
Mar 2019
Online publication date:
May 2019
Criminal law occupies an odd position in the field of comparative jurisprudence. Historically speaking, one can occasionally read that comparative law as a serious academic discipline ... More

Comparative Criminal Law  

Luis E. Chiesa

Print publication date:
Nov 2014
Online publication date:
Mar 2015
This chapter discusses comparative criminal law and demonstrates how comparative analysis can elucidate both domestic and international aspects of criminal law. After explaining what it ... More

Comparing Plea Bargaining and Abbreviated Trial Procedures  

Gwladys Gilliéron

Print publication date:
Apr 2019
Online publication date:
Feb 2019
Subject:
Law, Criminal Law
This chapter compares U.S. plea bargaining with plea-bargaining-type procedures and penal orders in Continental Europe, with reference to Switzerland, Germany, and France. It first ... More

Complicity  

James G. Stewart

Print publication date:
Nov 2014
Online publication date:
Mar 2015
Subject:
Law, Criminal Law
This chapter examines complicity within the framework of criminal law and theory and outlines recurrent normative problems as well as solutions. It considers structural questions that ... More

Conceptualizing the Victim within Criminal Justice Processes in Common Law Tradition  

Marie Manikis

Print publication date:
Apr 2019
Online publication date:
Feb 2019
Subject:
Law, Criminal Law
This chapter considers the various philosophical underpinnings of victim involvement in the criminal justice processes of common law jurisdictions. It first examines the role of the victim ... More

The Confrontation Right  

Richard Friedman

Print publication date:
Apr 2019
Online publication date:
Feb 2019
Subject:
Law, Criminal Law
This chapter examines the right of criminal defendants to be confronted with the witnesses against them. It first provides an overview of the nature, purposes, and costs of the ... More

Constitutional Principles  

Benjamin Berger

Print publication date:
Nov 2014
Online publication date:
Mar 2015
Contemporary criminal law is best understood as a species of constitutional reflection. This chapter begins by considering the way in which substantive criminal law has become a ... More

Corporate Criminal Liability  

Susanne Beck

Print publication date:
Nov 2014
Online publication date:
Mar 2015
This chapter examines changes in criminal law over the last decades, paying particular attention to corporate criminal liability (CCL). After outlining the main features of CCL with a ... More

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