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Core Concepts in Criminal Law and Criminal Justice, Volume 1, Criminal Law: Anglo-German Dialogues

Edited by: Kai Ambos, Antony Duff, Julian Roberts, Thomas Weigend, Alexander Heinze

ISBN13: 9781108483391
Published: January 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £110.00

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Attempts at trans-jurisdictional debate and agreement are often beset by mutual misunderstanding. Professionals and academics engaged in comparative criminal law sometimes use the same terms with different meanings or different terms which mean the same thing. Although English is the new lingua franca in international and comparative criminal law, there are many ambiguities and uncertainties with regard to foundational criminal law and criminal justice concepts. However, there exists greater similarities among diverse systems of criminal law and justice than is commonly realised.

This book explores the foundational principles and concepts that underpin the different domestic systems. It focuses on the Germanic and several principal Anglo-American jurisdictions, which are employed as examples of the wider common law-civil law divide.

  • Compares Anglo-American with German concepts, doctrines, principles and structures
  • Chapters are conceptual, transparent and explicit as to their methodology and research questions, including factual scenarios to illustrate the concepts being discussed
  • All contributors are distinguished scholars with international reputations, from a diversity of backgrounds with either a more theoretical/normative or a more empirical focus

Criminal Law
Part I. Introduction:
1. Introductory remarks - Kai Ambos, Antony Duff, Julian Roberts and Thomas Weigend
Part II. Criminal Law:
2. Omissions - Kai Ambos
3. Preparatory offences - Stefanie Bock and Findlay Stark
4. Participation in crime - Antje du Bois-Pedain
5. Consent in the law relating to sexual offences - Thomas O'Malley and Elisa Hoven
6. Terrorism offences - Andrew Cornford and Anneke Petzsche
Part III. Criminal Justice and Procedure:
7. Proportionality of punishment in common law jurisdictions and in Germany - Richard S. Frase, Carsten Momsen, Thomas O'Malley and Sarah Lisa Washington
8. Criminal history enhancements at sentencing - Julian Roberts and Stefan Harrendorf
9. Due process - Lucia Zedner and Carl-Friedrich Stuckenberg
10. The role of the prosecutor - Alexander Heinze and Shannon Fyfe
11. Negotiated case depositions in Germany, England, and the United States - Thomas Weigend and Jenia Turner
12. Exclusion or non-use of illegally gathered evidence in the criminal process: focus on common law and German approaches - Stephen Thaman and Dominik Brodowski