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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
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
The book provides an overview of the right to counsel and the
attorney-client privilege in the following 12 jurisdictions: China,
Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain,
Switzerland, Turkey, UK and USA. The right to counsel is a
fundamental right providing the accused access to justice in
criminal proceedings. Lawyers can only practice their profession
properly if clients have complete trust in their lawyer's
discretion. This trust is safeguarded by the attorney-client
privilege, which is an indispensable part of every constitutional
state and one of the most important professional duties of a
lawyer. It is of particular importance in criminal proceedings
regarding the protection of the confidentiality of lawyer-client
communications in the different procedural stages, coercive
measures as well as the various duties and interests in play.
However, the communications protected by attorney-client privilege
vary greatly from country to country. With regard to criminal
investigations in an increasingly globalised world, where
sophisticated tools enable broad digital investigations, there is
an urgent need to clarify how this fundamental right is protected
at both the national and supranational level. Each chapter explores
the regulations, practices and recent developments in each
jurisdiction and was written by highly qualified experts in the
legal field - from academia and practice alike. It identifies
possible solutions and best practices, providing valuable insights
for practitioners and law-making bodies alike regarding the actual
protection (or lack thereof) of lawyer-client confidentiality in
the pretrial and trial stage of criminal proceedings.
The book provides an overview of the right to counsel and the
attorney-client privilege in the following 12 jurisdictions: China,
Germany, Greece, Italy, Japan, the Netherlands, Portugal, Spain,
Switzerland, Turkey, UK and USA. The right to counsel is a
fundamental right providing the accused access to justice in
criminal proceedings. Lawyers can only practice their profession
properly if clients have complete trust in their lawyer's
discretion. This trust is safeguarded by the attorney-client
privilege, which is an indispensable part of every constitutional
state and one of the most important professional duties of a
lawyer. It is of particular importance in criminal proceedings
regarding the protection of the confidentiality of lawyer-client
communications in the different procedural stages, coercive
measures as well as the various duties and interests in play.
However, the communications protected by attorney-client privilege
vary greatly from country to country. With regard to criminal
investigations in an increasingly globalised world, where
sophisticated tools enable broad digital investigations, there is
an urgent need to clarify how this fundamental right is protected
at both the national and supranational level. Each chapter explores
the regulations, practices and recent developments in each
jurisdiction and was written by highly qualified experts in the
legal field - from academia and practice alike. It identifies
possible solutions and best practices, providing valuable insights
for practitioners and law-making bodies alike regarding the actual
protection (or lack thereof) of lawyer-client confidentiality in
the pretrial and trial stage of criminal proceedings.
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