Description
(Short description)
What is »justice« in criminal law, and how is it defined in different jurisdictions worldwide? To answer this question, the editors presented vignettes of ten »hard cases« in criminal law to jurists from 16 jurisdictions. This volume contains the solutions proposed by these experts, augmented by Synopses which analyze the national responses. The editors show that similar ideas of justice in criminal law exist across legal systems, but that similarities appear in the way jurists argue rather than in the results at which they arrive.
(Text)
What does it mean to achieve »justice« in criminal law? The editors of this volume have approached this question by presenting vignettes of ten »hard cases« in criminal law to jurists from 16 jurisdictions worldwide, asking for their assessment. This volume contains the reports written by these experts. They explain how the laws of their jurisdictions as interpreted by courts and scholars would resolve each of the ten problems represented in the vignettes. The responses to each vignette are analyzed in Synopses which describe similarities and differences between national perspectives and draw conclusions from comparing them. The findings are summarized in the editors' Concluding Observations. They suggest that some general ideas of justice in criminal law are indeed shared across legal systems, but that they do not necessarily lead to the same outcomes when applied to specific cases. Similarities appear more in the way judges and scholars argue than in the results at which they arrive.
(Table of content)
I. Introduction (Elisa Hoven and Thomas Weigend)II. National ReportsAndrew Dyer, Michael Peng, Thomas Crofts and Arlie LoughnanAustraliaFrank Verbruggen and Pieter Van RooijBelgiumCarla Sepúlveda PennaChileZhiwei TangChinaSam J Cole, Steven Cammiss and John J ChildEngland and WalesKimmo NuotioFinlandThomas Weigend and Elisa HovenGermanyMordechai KremnitzerIsraelGian Marco Caletti and Paolo BeccariItalyTomoko UtsumiJapanPilisano Masake and Inonge MaingaNamibiaJohan BouchtNorwayAlicja Limburska and Konrad LipinskiPolandWing-Cheong ChanSingaporeAli Emrah Bozbayindir and Rifat Murat ÖnokTurkeySara Sun BealeU.S.A.III. SynopsesGian Marco CalettiTrolley Problem - Killing one Person to Save Many?Paolo BeccariAttribution of DeathMordechai KremnitzerTorture to Save a LifeJohan BouchtLethal Self-DefenceAli Emrah Bozbayindir and Rifat Murat ÖnokCriminal Responsibility of Subordinates for Systemic OffencesFrank Verbruggen and Pieter van RooijLimits of ConsentAlicja Limburska and Konrad LipinskiWithdrawal from an AttemptSara Sun BealeCriminal Responsibility of MinorsCarla Sepúlveda PennaStatutes of LimitationAndrew DyerLife Imprisonment without ParoleIV. Concluding Observations (Thomas Weigend)V. List of Contributors
