One Case - Two Systems: A Comparative View of American and German Criminal Justice Systems

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Author :
Publisher : BRILL
ISBN 13 : 9004478620
Total Pages : 477 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis One Case - Two Systems: A Comparative View of American and German Criminal Justice Systems by : Floyd Feeney

Download or read book One Case - Two Systems: A Comparative View of American and German Criminal Justice Systems written by Floyd Feeney and published by BRILL. This book was released on 2021-10-25 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using California as the model for the adversarial system and Germany as the model for the inquisitorial system, this innovative work 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. 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. Published under the Transnational Publishers imprint.

One Case-- Two Systems

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Author :
Publisher : Brill Nijhoff
ISBN 13 : 9781571053480
Total Pages : 0 pages
Book Rating : 4.0/5 (534 download)

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Book Synopsis One Case-- Two Systems by : Floyd Feeney

Download or read book One Case-- Two Systems written by Floyd Feeney and published by Brill Nijhoff. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Comparative Criminal Procedure

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781007195
Total Pages : 576 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis Comparative Criminal Procedure by : Jacqueline E. Ross

Download or read book Comparative Criminal Procedure written by Jacqueline E. Ross and published by Edward Elgar Publishing. This book was released on 2016-06-24 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Bargaining in the Criminal Justice Systems of the United States and Germany

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Author :
Publisher : Peter Lang
ISBN 13 : 9783631565070
Total Pages : 216 pages
Book Rating : 4.5/5 (65 download)

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Book Synopsis Bargaining in the Criminal Justice Systems of the United States and Germany by : Susanne Kobor

Download or read book Bargaining in the Criminal Justice Systems of the United States and Germany written by Susanne Kobor and published by Peter Lang. This book was released on 2008 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book compares the bargaining practice in the United States and Germany, it displays differences and similarities, also taking historical as well as legal and cultural aspects into consideration. The author shows that bargaining in both countries is highly influenced by the respective legal systems - common and civil law. The study also pays attention to current developments, changes and proposed legislation.

International Criminal Justice

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Author :
Publisher : Cameron May
ISBN 13 : 1905017448
Total Pages : 506 pages
Book Rating : 4.9/5 (5 download)

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Book Synopsis International Criminal Justice by : Michael Bohlander

Download or read book International Criminal Justice written by Michael Bohlander and published by Cameron May. This book was released on 2007 with total page 506 pages. Available in PDF, EPUB and Kindle. Book excerpt: Summary: "Written by seasoned scholars and practitioners, this collection of essays provides a most comprehensive analysis of the institutional dynamics and political underpinnings of international criminal justice. They explore and provide critical comment on the main institutional difficulties experienced by International Tribunals."--Publisher description.

The Oxford Handbook of Criminal Process

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Publisher : Oxford University Press
ISBN 13 : 0190659858
Total Pages : 952 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Criminal Process by : Darryl K. Brown

Download or read book The Oxford Handbook of Criminal Process written by Darryl K. Brown and published by Oxford University Press. This book was released on 2019-02-22 with total page 952 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Defendant in International Criminal Proceedings

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847319963
Total Pages : 270 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Defendant in International Criminal Proceedings by : Björn Elberling

Download or read book The Defendant in International Criminal Proceedings written by Björn Elberling and published by Bloomsbury Publishing. This book was released on 2012-08-31 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often said that criminal procedure should ensure that the defendant is a subject, not just an object, of proceedings. This book asks to what extent this can be said to be true of international criminal trials. The first part of the book aims to find out the extent to which defendants before international criminal courts are able to take an active part in their trials. It takes an in-depth look at the procedural regimes of international courts, viewed against a benchmark provided by national provisions representing the main traditions of criminal procedure and by international human rights law. The results of this comparative endeavour are then used to shed light, from a practical point of view, on the oft-debated question whether (international) criminal trials should be used as a tool for writing history or whether, as claimed by Martti Koskenniemi, pursuing this goal leads to a danger of “show trials”.

Principles of Chinese Criminal Procedure

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509934936
Total Pages : 248 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Principles of Chinese Criminal Procedure by : Liling Yue

Download or read book Principles of Chinese Criminal Procedure written by Liling Yue and published by Bloomsbury Publishing. This book was released on 2021-10-07 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Supreme Court on Trial

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Publisher : University of Michigan Press
ISBN 13 : 0472026089
Total Pages : 322 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis The Supreme Court on Trial by : George C. Thomas

Download or read book The Supreme Court on Trial written by George C. Thomas and published by University of Michigan Press. This book was released on 2010-02-09 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chief mandate of the criminal justice system is not to prosecute the guilty but to safeguard the innocent from wrongful convictions; with this startling assertion, legal scholar George Thomas launches his critique of the U.S. system and its emphasis on procedure at the expense of true justice. Thomas traces the history of jury trials, an important component of the U.S. justice system, since the American Founding. In the mid-twentieth century, when it became evident that racism and other forms of discrimination were corrupting the system, the Warren Court established procedure as the most important element of criminal justice. As a result, police, prosecutors, and judges have become more concerned about following rules than about ensuring that the defendant is indeed guilty as charged. Recent cases of prisoners convicted of crimes they didn't commit demonstrate that such procedural justice cannot substitute for substantive justice. American justices, Thomas concludes, should take a lesson from the French, who have instituted, among other measures, the creation of an independent court to review claims of innocence based on new evidence. Similar reforms in the United States would better enable the criminal justice system to fulfill its moral and legal obligation to prevent wrongful convictions. "Thomas draws on his extensive knowledge of the field to elaborate his elegant and important thesis---that the American system of justice has lost sight of what ought to be its central purpose---protection of the innocent." —Susan Bandes, Distinguished Research Professor of Law, DePaul University College of Law "Thomas explores how America's adversary system evolved into one obsessed with procedure for its own sake or in the cause of restraining government power, giving short shrift to getting only the right guy. His stunning, thought-provoking, and unexpected recommendations should be of interest to every citizen who cares about justice." —Andrew E. Taslitz, Professor of Law, Howard University School of Law "An unflinching, insightful, and powerful critique of American criminal justice---and its deficiencies. George Thomas demonstrates once again why he is one of the nation's leading criminal procedure scholars. His knowledge of criminal law history and comparative criminal law is most impressive." —Yale Kamisar, Distinguished Professor of Law, University of San Diego and Clarence Darrow Distinguished University Professor Emeritus of Law, University of Michigan

A Dialogue Between Law and History

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Author :
Publisher : Springer Nature
ISBN 13 : 9811596859
Total Pages : 411 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis A Dialogue Between Law and History by : Baosheng Zhang

Download or read book A Dialogue Between Law and History written by Baosheng Zhang and published by Springer Nature. This book was released on 2020-12-14 with total page 411 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book builds on the success of the First International Conference on Facts and Evidence: A Dialogue between Law and Philosophy (Shanghai, China, May 2016), which was co-hosted by the Collaborative Innovation Center of Judicial Civilization (CICJC) and East China Normal University. The Second International Conference on Facts and Evidence: A Dialogue between Law and History was jointly organized by the CICJC, the Institute of Evidence Law and Forensic Science (ELFS) at China University of Political Science and Law (CUPL), and Peking University School of Transnational Law (STL) in Shenzhen, China, on November 16–17, 2019. Historians, legal scholars and legal practitioners share the same interest in ascertaining the “truth” in their respective professional endeavors. It is generally recognized that any historical study without truthful narration of historical events is fiction and that any judicial trial without accurate fact-finding is a miscarriage of justice. In both historical research and the judicial process, practitioners are invariably called upon, before making any arguments, to prove the underlying facts using evidence, regardless of how the concept is defined or employed in different academic or practical contexts. Thus, historians and legal professionals have respectively developed theories and methodological tools to inform and explain the process of gathering evidentiary proof. When lawyers and judges reconsider the facts of cases, “questions of law” are actually a subset of “questions of fact,” and thus, the legal interpretation process also involves questions of “historical fact.” The book brings together more than twenty leading history and legal scholars from around the world to explore a range of issues concerning the role of facts as evidence in both disciplines. As such, the book is of enduring value to historians, legal scholars and everyone interested in truth-seeking.

Models of Criminal Procedure System

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Publisher : Springer Nature
ISBN 13 : 981193651X
Total Pages : 335 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Models of Criminal Procedure System by : Ruihua Chen

Download or read book Models of Criminal Procedure System written by Ruihua Chen and published by Springer Nature. This book was released on 2022-10-01 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an in-depth study on the criminal procedure in China. Using the social science research method, the author studies some systems and reforms, such as the criminal reconciliation, the sentencing procedure, the criminal incidental civil action, the trial hearing, the exclusionary rule and the defense system. The author puts forward some new theories and opinions. He points out that there are two modes of criminal procedure in China: the adversarial mode and the cooperative mode. He has advanced a new theory based on the practice of the procedure where the defendant pleads guilty or the parties reach a reconciliation. Also, the author has summarized three forms of criminal trial and three modes of criminal incidental civil action. He analyzes "conviction trial", "sentencing trial" and "procedural trial" and points out their defects. He holds that the coexistence of the three models of incidental civil action reflects some problems in the criminal procedure. The criminal procedure has the problem of malfunction which refers to the fact that the procedure prescribed by the law is not effectively implemented. The author points out five sources of the process’s malfunction through factual and empirical analysis. He describes them as the "5 rules of malfunction of the criminal procedure". As for the criminal defense system, the author thinks that it not only has made great progress, but also has a great deal of problems. Also, the author puts forward a theory of coordinating defense which aims at rebuilding the relationship between the defense lawyer and the accused. China has established the exclusionary rule with its own characteristics. The author points out that the reformers should not only enact the rule,but also pay attention to its implementation. A series of judicial reforms will arrive, for which the exclusionary rule is the activator and the start.

Controversies in Innocence Cases in America

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Author :
Publisher : Routledge
ISBN 13 : 1317160037
Total Pages : 246 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Controversies in Innocence Cases in America by : Sarah Lucy Cooper

Download or read book Controversies in Innocence Cases in America written by Sarah Lucy Cooper and published by Routledge. This book was released on 2016-05-13 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Controversies in Innocence Cases in America brings together leading experts on the investigation, litigation, and scholarly analysis of innocence cases in America, from legal, political and ethical perspectives. The contributors, many of whom work on these cases daily, investigate contemporary issues presented by innocence cases and the exoneration movement as a whole. These issues include the challenges faced by the movement, causes of wrongful convictions, problems associated with investigating, proving, and defining 'innocence', and theories of reform. Each issue is placed within a multi-disciplinary perspective to provide cogent observations and recommendations for the effective handling of these cases, and for what changes should be adopted in order to improve the American criminal justice system when it is faced with its most harrowing sight: an innocent defendant.

Comparative Law - Engaging Translation

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Publisher : Routledge
ISBN 13 : 1135047464
Total Pages : 226 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Comparative Law - Engaging Translation by : Simone Glanert

Download or read book Comparative Law - Engaging Translation written by Simone Glanert and published by Routledge. This book was released on 2014-06-27 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era marked by processes of economic, political and legal integration that are arguably unprecedented in their range and impact, the translation of law has assumed a significance which it would be hard to overstate. The following situations are typical. A French law school is teaching French law in the English language to foreign exchange students. Some US legal scholars are exploring the possibility of developing a generic or transnational constitutional law. German judges are referring to foreign law in a criminal case involving an honour killing committed in Germany with a view to ascertaining the relevance of religious prescriptions. European lawyers are actively working on the creation of a common private law to be translated into the 24 official languages of the European Union. Since 2004, the World Bank has been issuing reports ranking the attractiveness of different legal cultures for doing business. All these examples raise in one way or the other the matter of translation from a comparative legal perspective. However, in today’s globalised world where the need to communicate beyond borders arises constantly in different guises, many comparatists continue not to address the issue of translation. This edited collection of essays brings together leading scholars from various cultural and disciplinary backgrounds who draw on fields such as translation studies, linguistics, literary theory, history, philosophy or sociology with a view to promoting a heightened understanding of the complex translational implications pertaining to comparative law, understood both in its literal and metaphorical senses.

Criminal Justice in the United States and Germany

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Publisher : Universitatsverlag Winter
ISBN 13 : 9783825352738
Total Pages : 0 pages
Book Rating : 4.3/5 (527 download)

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Book Synopsis Criminal Justice in the United States and Germany by : Manfred Berg

Download or read book Criminal Justice in the United States and Germany written by Manfred Berg and published by Universitatsverlag Winter. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice is a salient and controversial political issue in both Germany and the United States. Public perception is often dominated by media sensationalism and dramatized images of popular culture, while experts tend to focus on institutions and procedures. This volume brings together contributions from German and American scholars representing various disciplines, including criminology, criminal law, political science, sociology, and history. The essays address both broader social issues, such as race, gender, and the death penalty, and specific problems of administering criminal justice, including sentencing, corrections, or electronic monitoring. Their unifying themes are the dynamics of legal and social change and the quest for reform to make the criminal justice system both fairer and more efficient. Some of the essays invoke a comparative perspective, while others focus on national case studies.

Unusually Cruel

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Publisher : Oxford University Press
ISBN 13 : 019065936X
Total Pages : 256 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Unusually Cruel by : Marc Morjé Howard

Download or read book Unusually Cruel written by Marc Morjé Howard and published by Oxford University Press. This book was released on 2017-06-16 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States incarcerates far more people than any other country in the world, at rates nearly ten times higher than other liberal democracies. Indeed, while the U.S. is home to 5 percent of the world's population, it contains nearly 25 percent of its prisoners. But the extent of American cruelty goes beyond simply locking people up. At every stage of the criminal justice process - plea bargaining, sentencing, prison conditions, rehabilitation, parole, and societal reentry - the U.S. is harsher and more punitive than other comparable countries. In Unusually Cruel, Marc Morjé Howard argues that the American criminal justice and prison systems are exceptional - in a truly shameful way. Although other scholars have focused on the internal dynamics that have produced this massive carceral system, Howard provides the first sustained comparative analysis that shows just how far the U.S. lies outside the norm of established democracies. And, by highlighting how other countries successfully apply less punitive and more productive policies, he provides plausible solutions to addressing America's criminal justice quagmire.

Yearbook of German-American Studies

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Author :
Publisher :
ISBN 13 :
Total Pages : 280 pages
Book Rating : 4.:/5 (89 download)

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Book Synopsis Yearbook of German-American Studies by :

Download or read book Yearbook of German-American Studies written by and published by . This book was released on 2006 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Criminal Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199589607
Total Pages : 710 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Criminal Law by : Markus Dubber

Download or read book Criminal Law written by Markus Dubber and published by Oxford University Press. This book was released on 2014-03 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A systematic and comprehensive comparative analysis, of criminal law, focused on two major jurisdictions: the United States and Germany."--Jacket.