This handbook presents cutting-edge 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. This book explores a number of key topics in the
field of criminal procedure: the role of screening mechanisms in
weeding out weak cases before trial; the willingness of different
legal systems to suppress illegally obtained evidence; the ways
legal systems set meaningful evidentiary thresholds for arrest and
pretrial detention; the problem of wrongful convictions; the way
legal systems balance the search for truth against other values,
such as protections for fundamental rights; emerging legal
protections for criminal defendants, including new safeguards
against custodial questioning in the European Union, limitations on
covert operations in post-Soviet states, and the Indian system of
anticipatory bail; as well as the mechanisms by which legal systems
avoid trials altogether. A number of contributors also examine the
impact of legal reforms that have newly introduced lay jurors into
the fact-finding process or that now require juries to give reasons
for verdicts. The ideal readership for this handbook includes law
students, scholars of criminal procedure and comparative law, as
well as civil liberties lawyers. Scholars of national security, the
European Union, transitional justice, and privacy will also be
interested in the volume's contributions to their fields.
Contributors include: S.M. Boyne, M. Cohen, S. Fouladvand, E.
Grande, J.S. Hodgson, D.T. Johnson, V. Khanna, N. Kovalev, M.
Langer, A.D. Leipold, K. Mahajan, J. Mazzone, J.E. Ross, C.
Slobogin, S.C. Thaman, J.I. Turner, R. Vogler, T. Wen
General
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