Full Description
Attempts at trans-jurisdictional debate and agreement are often beset by mutual misunderstanding. Professionals and academics engaged in comparative criminal law sometimes use the same terms with different meanings or different terms which mean the same thing. Although English is the new lingua franca in international and comparative criminal law, there are many ambiguities and uncertainties with regard to foundational criminal law and criminal justice concepts. However, there exists greater similarities among diverse systems of criminal law and justice than is commonly realised. This book explores the foundational principles and concepts that underpin the different domestic systems. It focuses on the Germanic and several principal Anglo-American jurisdictions, which are employed as examples of the wider common law-civil law divide.
Contents
Part I. Introduction: 1. Introductory remarks Kai Ambos, Antony Duff, Julian Roberts and Thomas Weigend; Part II. Criminal Law: 2. Omissions Kai Ambos; 3. Preparatory offences Stefanie Bock and Findlay Stark; 4. Participation in crime Antje du Bois-Pedain; 5. Consent in the law relating to sexual offences Thomas O'Malley and Elisa Hoven; 6. Terrorism offences Andrew Cornford and Anneke Petzsche; Part III. Criminal Justice and Procedure: 7. Proportionality of punishment in common law jurisdictions and in Germany Richard S. Frase, Carsten Momsen, Thomas O'Malley and Sarah Lisa Washington; 8. Criminal history enhancements at sentencing Julian Roberts and Stefan Harrendorf; 9. Due process Lucia Zedner and Carl-Friedrich Stuckenberg; 10. The role of the prosecutor Alexander Heinze and Shannon Fyfe; 11. Negotiated case depositions in Germany, England, and the United States Thomas Weigend and Jenia Turner; 12. Exclusion or non-use of illegally gathered evidence in the criminal process: focus on common law and German approaches Stephen Thaman and Dominik Brodowski.
