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Plea Bargaining Across Borders
Traditions of plea bargaining : the United States -- Informal bargaining : Germany -- Introducing plea bargaining as part of comprehensive legal reform : Russia and Bulgaria -- Alternatives to plea bargaining : China and Japan -- Plea bargaining at international criminal courts
Do Exclusionary Rules Ensure a Fair Trial?
This open access publication discusses exclusionary rules in different criminal justice systems. It is based on the findings of a research project in comparative law with a focus on the question of whether or not a fair trial can be secured through evidence exclusion. Part I explains the legal framework in which exclusionary rules function in six legal systems: Germany, Switzerland, People’s Republic of China, Taiwan, Singapore, and the United States. Part II is dedicated to selected issues identified as crucial for the assessment of exclusionary rules. These chapters highlight the delicate balance of interests required in the exclusion of potentially relevant information from a criminal trial and discusses possible approaches to alleviate the legal hurdles involved.
The Oxford Handbook of Criminal Process
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.
Dangerous Sanctuaries
Since the early 1990s, refugee crises in the Balkans, Central Africa, the Middle East, and West Africa have led to the international spread of civil war. In Central Africa alone, more than three million people have died in wars fueled, at least in part, by internationally supported refugee populations. The recurring pattern of violent refugee crises prompts the following questions: Under what conditions do refugee crises lead to the spread of civil war across borders? How can refugee relief organizations respond when militants use humanitarian assistance as a tool of war? What government actions can prevent or reduce conflict?To understand the role of refugees in the spread of conflict, Sara...
The Oxford Handbook of International Criminal Law
Provides a non-traditional inter-disciplinary approach to the study of international criminal law, incorporating insights from global history, philosophy, and international relations, Explores the most innovative theoretical and doctrinal developments in the field, Critically examines prevailing practices, orthodoxies, and received wisdoms, Includes contributions from expert scholars outside of international law alongside chapters by some of the field's most respected scholars Book jacket.
Progress in International Law
"Progress in International Law" is a comprehensive accounting of international law for our times. Forty leading international law theorists analyze the most significant current issues in international law and their critical assessments draw diverse conclusions about the current state and future prospects of international law. The material is grouped under the headings: The History and Theory of International Law; The Sources of International Law and Their Application in the United States; International Actors; International Jurisdiction and International Jurisprudence; The Use of Force and the World's Peace; and The Challenge of Protecting the Environment and Human Rights. The book draws its...
Punishing Atrocities Through a Fair Trial
Punishing Atrocities through a Fair Trial examines the tension between punishing mass atrocity and ensuring a fair trial for defendants.
Criminal Procedures, Cases, Statutes, and Executive Materials
Criminal Procedures: Cases, Statutes, and Executive Materialsis known for its focus on materials from multiple institutions, including primary materials from U.S. Supreme Court cases, state high court cases, state and federal statutes, rules of procedure, and police and prosecutorial policies, along with materials from social science studies. Taken together, the principal materials highlight procedural variety, focus on real-world topics, provide the political context, offer a comparative analysis of different legal approaches, and consider the impact of procedures. The 2022 Supplement covers the most recent decisions of the U.S. Supreme Court as well as newsworthy developments such as polic...
Free Market Criminal Justice
Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. It argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.
Corporate Crime and Punishment
"Over the last decade, many of the world's biggest companies have been embroiled in legal disputes over corruption, fraud, environmental damage, taxation issues, or sanction violations, ending either in convictions or settlements of record-breaking fines that have surpassed the billion-dollar mark. For critics of globalisation, this turn towards corporate accountability is a welcome change, showing that multinational companies are not above the law. In this book, Cornelia Woll considers how far this turn toward negotiated corporate justice, and the United States' legal action against multinationals in particular, is motivated by geopolitical and geoeconomic concerns. Woll analyses the evolut...
