Full Description
The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts. More importantly, legal systems may choose differing theoretical or policy approaches to resolving the same issues, which sometimes - but not always - lead to similar outcomes. This book is the second volume of a series in which eminent scholars from German-speaking and Anglo-American jurisdictions work together on comparative essays that explore foundational concepts of criminal law and procedure. Each topic is illuminated from German and Anglo-American perspectives, and differences and similarities are analysed.
Contents
1. Introductory Remarks Kai Ambos, Antony Duff, Julian Roberts and Thomas Weigend; Part I. Criminal Law: 2. Structures Within Criminal Legal Reasoning Matt Dyson and Frank Meyer; 3. Causation and Responsibility for Outcomes Alec Walen and Bettina Weißer; 4. Imputation of Responsibility and Intoxicated Offending Neha Jain, Sabine Gless and Arlie Loughnan; 5. Crimes of Endangerment Antony Duff and Tatjana Hörnle; Part II. Criminal Procedure: 6. Prosecutorial Discretion Shannon Fyfe and Alexander Heinze; 7. Arrest and Coercion Richard Vogler and Dominik Brodowski; 8. Witness Evidence in Pre-Trial and Trial Procedure John Jackson and Thomas Weigend; 9. Cooperation Agreements in Germany and the USA Kai Ambos and Stephen Thaman; Part III. Criminal Justice: 10. The Implementation of Sentences Nicola Padfield and Katrin Höffler; 11. Collateral Consequences of Criminal Conviction in the United States and Germany Alessandro Corda and Johannes Kaspar.
