Scholars of comparative criminal law often do not understand each other, using the same terms with different meanings or vice versa. In this collection, authors from the German and the Anglo-American traditions collaborate to compare the basic concepts and structures of their systems and explore the connections and similarities between them.
The trans-jurisdictional discourse on criminal justice is often hampered by mutual misunderstandings. The translation of legal concepts from English into other languages and vice versa is subject to ambiguity and potential error: the same term may assume different meanings in different legal contexts. More importantly, legal systems may choose differing theoretical or policy approaches to resolving the same issues, which sometimes but not always lead to similar outcomes. This book is the second volume of a series in which eminent scholars from German-speaking and Anglo-American jurisdictions work together on comparative essays that explore foundational concepts of criminal law and procedure. Each topic is illuminated from German and Anglo-American perspectives, and differences and similarities are analysed.
Papildus informācija
Volume two of a comparative study of the concepts that underpin different domestic systems of criminal law and justice.
About the Authors |
|
vii | |
|
|
xiii | |
|
1 Introduction to Volume II |
|
|
1 | (12) |
|
|
|
|
|
|
|
|
2 Structures within Criminal Legal Reasoning |
|
|
13 | (44) |
|
|
|
3 Causation and Responsibility for Outcomes |
|
|
57 | (38) |
|
|
|
4 Imputation of Responsibility and Intoxicated Offending |
|
|
95 | (37) |
|
|
|
|
|
132 | (37) |
|
|
|
PART II Criminal Procedure |
|
|
|
6 Prosecutorial Discretion |
|
|
169 | (50) |
|
|
|
|
219 | (41) |
|
|
|
8 Witness Evidence in Pre-Trial and Trial Procedure |
|
|
260 | (40) |
|
|
|
9 Cooperation Agreements in Germany and the United States |
|
|
300 | (49) |
|
|
|
PART III Criminal Justice |
|
|
|
10 The Implementation of Sentences |
|
|
349 | (43) |
|
|
|
11 Collateral Consequences of Criminal Conviction in the United States and Germany |
|
|
392 | (46) |
|
|
Index |
|
438 | |
Kai Ambos has a Chair for Criminal Law, Criminal Procedure, Comparative Law, International Criminal Law and Public International Law at the University of Göttingen, Germany. He is Judge at the Kosovo Specialist Chambers in The Hague; Advisor (amicus curiae) of the Colombian Special Jurisdiction for Peace; Director of the Centro de Estudios de Derecho Penal y Procesal Penal Latinoamericano (CEDPAL); Editor-in-Chief of Criminal Law Forum and Life Member Clare Hall College, University of Cambridge. Antony Duff is a Professor Emeritus at the University of Stirling, and an Honorary Professor at the Edinburgh Law School. He is a Fellow of the British Academy and of the Royal Society of Edinburgh, and holds honorary doctorates from the Universities of Edinburgh and Oslo. He was a founding co-editor of the journal Criminal Law and Philosophy, and a founding co-director of the Robina Institute of Criminal Law and Criminal Justice at the University of Minnesota. Alexander Heinze is an Assistant Professor at Georg-August-University Göttingen, Germany. He is an elected member of the International Law Association Committee on Complementarity in International Criminal Law, Co-Editor of the German Law Journal and Book Review Editor of the Criminal Law Forum. Julian Roberts is a Professor of Criminology at the University of Oxford. He was a member of the Sentencing Council of England and Wales and an advisor to the American Law Institute Model Penal Code Sentencing project. He was the 2021 recipient of the American Society of Criminology Sellin-Glueck Award for scholarship that considers crime and criminal justice internationally and comparatively. He has been a Visiting Professor at the University of Ferrara; University of Haifa; School of Law, Kings College London; the University of Cambridge; the University of Toronto; the University of Minnesota; and the Université Libre de Bruxelles. Thomas Weigend served as a Professor of Criminal Law and Criminal Procedure at the University of Cologne, Germany, until 2016. He was a visiting professor at the University of Chicago, the University of Tokyo, New York University, Peking University, Universitį di Bologna, and other universities.