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The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
List of contents
- PART I: FOUNDATIONS
- 1. Criminal Process in the Dual Penal State: A Comparative-Historical Analysis
- Markus Dubber
- 2. Fundamental Values of Criminal Procedure
- Richard Lippke
- 3. Empirical Approaches to Criminal Procedure
- Jackie Hodgson and Yu Mou
- 4. Comparative Approaches to Criminal Procedure: Transplants, Translations and Adversarial-Model Reforms in European Criminal Process
- Elisabetta Grande
- 5. The European Convention on Human Rights and the European Court of Human Rights as Guardians of Fair Criminal Proceedings in Europe
- Bettina Weisser
- 6. The European Union and the Rights of Individuals in Criminal Proceedings
- Valsamis Mitsilegas
- PART II: PROCEDURAL ROLES
- 7. Roles, Powers, Procedure and Practice: The Place of the Prosecutor in Common Law and Civil Law Jurisdictions
- Katalin Ligeti
- 8. Defense Rights in European Legal Systems under the Influence of the European Court of Human Rights
- Thomas Weigend
- 9. Defense Rights, Duties, Norms and Practices in Common Law and Civil Law Jurisdictions
- Ed Cape
- 10. Professional Judges, Lay Judges, and Lay Jurors
- Valerie Hans and Rebecca Helm
- 11. Rights and Duties of Experts
- Joelle Vuille
- 12. Conceptualizing the Victim within Criminal Justice Processes in Common Law Tradition
- Marie Manikis
- 13. Victim Rights in Civil Law Jurisdictions
- Johanna Göhler
- PART III: SURVEILLANCE AND INVESTIGATION
- 14. Betrayal by Bosses: Undercover Policing and the Problem of Upstream Defection
- Jacqueline Ross
- 15. Interviews of Suspects of Crime: Law and Practice in European Countries
- Marijke Malsch and Meike M. de Boer
- 16. Interrogation Law and Practice in Common Law Jurisdictions
- David Dixon
- 17. Digital Civil Liberties and the Translation Problem
- Michael Washington and Neil Richards
- 18. Prosecution-Led Investigations and Measures of Procedural Coercion in the Field of Corruption
- Maria Kaiafa-Gbandi
- PART IV: CRIMINAL PROSECUTION AND ITS ALTERNATIVES
- 19. International Corporate Prosecutions
- Brandon Garrett
- 20. Special Procedures for White-Collar and Corporate Wrongdoing: A European Perspective
- Juliette Tricot
- 21. Double Jeopardy and ne bis in Idem in Common Law and Civil Law Jurisdictions
- Carl-Friedrich Stuckenberg
- 22. Jurisdiction and ne bis in Idem in Prosecution of Transnational Crimes
- André Klip
- 23. Detention before Trial and Civil Detention of Dangerous Individuals in Civil Law Jurisdictions
- Grischa Merkel
- 24. Pretrial Detention and Civil Detention of "Dangerous" Individuals in Common Law Jurisdictions
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About the author
Darryl K. Brown is O.M. Vicars Professor of Law at the University of Virginia School of Law.
Jenia Iontcheva Turner is Professor of Law at the Southern Methodist Dedman School of Law.
Bettina Weisser is Professor of Law at the University of Cologne
Summary
The criminal process begins with arrests or investigations and concludes with adjudication and appeal. Across more than 40 chapters, this Handbook provides a comprehensive introduction to both common law and civil law approaches to the criminal process, including history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
