The Oxford Handbook of Criminal Process

ISBN : 9780190659837

Darryl K. Brown; Jenia Iontcheva Turner; Bettina Weisser
1056 Pages
171 x 248 mm
Pub date
Apr 2019
Oxford Handbooks


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  • Surveys all aspects of the criminal process accessibly and in detail
  • Analyzes common law systems in the United States, United Kingdom, and Commonwealth nations, as well as European civil law systems
  • Each chapter provides an original, critical, and accessible account of the current state of law, practice, and debate in its area

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.


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 & 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
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 & 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
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
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 Bernadette McSherry
25. Evidence Discovery and Disclosure in Common Law Systems
Darryl K. Brown
26. Access to and Limits on Evidence Dossiers in Civil Law Systems
Michele Caianiello
27. Transnational Access to Evidence, Witnesses and Suspects
Sabine Gless
28. International Law and Treaty Obligations, Mutual Legal Assistance and E.U. Instruments
Martin Böse
29. Challenges of Trial Procedure Reform: Is European Union Legislation Part of the Solution or Part of the Problem?
Helmut Satzger & Frank Zimmermann
30. Trial Procedure in Response to Terrorism
Nicola McGarrity
31. Criminalization and Quasi-Criminalization of Terrorism: Emerging Trends and Tensions with Human Rights Law in the UK
Helen Fenwick
32. Comparing Plea Bargaining and Abbreviated Trial Procedures
Gwladys Gillieron
33. Common Law Plea Bargaining
Mary Vogel
34. Forensic Science Evidence, Adversarial Criminal Proceedings and Mainstream Scientific Gary Edmond
35. Beyond Common Law Evidence: Reimagining, and Reinvigorating, Evidence Law as Forensic Science
John Jackson & Paul Roberts
36. Exclusion of Wrongfully Obtained Evidence: A Comparative Analysis
Ho Hock Lai
37. Rights and Methods to Challenge Evidence and Witnesses in Civil Law Jurisdictions
Lorena Bachmaier
38. The Confrontation Right
Richard Friedman
39. Comparative Assessment of Sentencing Laws, Practices and Trends
Tatjana Hörnle
40. Restorative Justice as an Alternative to Penal Sanctions
Elisavet Symeonidou-Kastanidou
41. Appeal and Cassation in Continental European Criminal Justice Systems: Guarantees of Factual Accuracy, or Vehicles for Administrative Control?
Stephen C. Thaman
42. Exceptional Procedures to Correct Miscarriages of Justice in Common Law Systems
Kent Roach
43. Pluralism in International Criminal Procedure
Jenia I. Turner

About the author: 

Edited by Darryl K. Brown, O.M. Vicars Professor of Law, University of Virginia School of Law, Edited by Jenia Iontcheva Turner, Professor of Law, Southern Methodist, Dedman School of Law, and Edited by Bettina Weisser, Professor of Criminal Law and International Criminal Law, Westphalian Wilhelms University, Münster.
Lorena Bachmaier Winter, Professor of Law, Universidad Complutense, Madrid
Martin Böse, Professor of Criminal Law, Criminal Procedure, International and European Criminal Law, Director of the Institute of Criminal Law, University of Bonn
Darryl K. Brown, O.M. Vicars Professor of Law, University of Virginia School of Law
Michele Caianiello, Professor and Dean of the Department of Legal Studies, University of Bologna
Ed Cape, Emeritus Professor of Criminal Law and Practice, University of the West of England, Bristol
Meike M. de Boer, Former Trainee, Netherlands Institute for the Study of Crime and Law Enforcement
David Dixon, Professor of Law, University of New South Wales
Markus D. Dubber, Professor of Law and Director, Centre for Ethics, University of Toronto
Gary Edmond, Professor of Law at the University of New South Wales and Research Professor (fractional) at Northumbria University
Helen Fenwick, Professor of Law and Director of the Human Rights Centre, Durham University
Richard D. Friedman, Alene and Allan F. Smith Professor of Law, University of Michigan
Brandon Garrett, White Burkett Miller Professor of Law and Public Affairs and Justice Thurgood Marshall Distinguished Professor of Law, University of Virginia School of Law
Gwladys Gillieron, Associate Professor in Criminal Law and Criminology, University of Zurich
Sabine Gless, Professor of Criminal Law and Criminal Procedure, University of Basel
Johanna Göhler, Research Associate, Institute for Foreign and International Criminal Law, University of Cologne
Elisabetta Grande, Professor of Comparative Law, Università degli Studi del Piemonte Orientale
Valerie Hans, Professor of Law, Cornell University
Rebecca K. Helm, Lecturer in Law, University of Exeter Law School
Jacqueline S. Hodgson, Professor of Law, University of Warwick
Tatjana Hörnle, Professor of Criminal Law, Legal Philosophy and Comparative Criminal Law, Humboldt University, Berlin
John Jackson, Professor of Comparative Criminal Law and Procedure, University of Nottingham, School of Law
Maria Kaiafa-Gbandi, Professor of Criminal Law, Director of the Research Institute for Transparency, Corruption and Financial Crime, Aristotle University of Thessaloniki
André Klip, Professor of Criminal Law, Criminal Procedure and the Transnational Aspects of Criminal Law, Maastricht University
Ho Hock Lai, Amaladass Professor of Criminal Justice, National University of Singapore
Katalin Ligeti, Professor of Law, University of Luxembourg
Richard Lippke, Professor, Department of Criminal Justice, Indiana University
Marijke Malsch, Senior Researcher, Netherlands Institute for the Study of Crime and Law Enforcement; Lecturer, VU University Amsterdam
Marie Manikis, Assistant Professor of Law, McGill University
Nicola McGarrity, Senior Lecturer and Director of the Terrorism Law Reform Project, University of New South Wales
Bernadette McSherry, Professor of Law and Foundation Director, Melbourne Social Equity Institute, University of Melbourne
Grischa Merkel, Professor of Law and Ethics, University of Basel
Valsamis Mitsilegas, Professor of European Criminal Law and Global Security, and Head of the Department of Law, Queen Mary University of London
Yu Mou, Lecturer in Criminal Law, SOAS, University of London
Neil Richards, Thomas & Karole Green Professor of Law and Director of the Institute for Policy in Medicine and Law, Washington University
Kent Roach, Professor of Law and Prichard Wilson Chair in Law and Public Policy, University of Toronto
Paul Roberts, Professor of Criminal Jurisprudence, University of Nottingham, School of Law
Jacqueline Ross, Prentice H. Marshall Professor of Law, University of Illinois College of Law
Helmut Satzger, Professor of Law, Director of the Chair of German, European and International Criminal Law and Criminal Procedure as well as Business Criminal Law, Ludwig-Maximilians University, Munich
Carl-Friedrich Stuckenberg, Professor of German and International Criminal Law and Criminal Procedure, Comparative Criminal Law, and Criminal Law History, University of Bonn
Elisavet Symeonidou-Kastanidou, Professor of Criminal Law, Dean of the Faculty of Law, Aristotle University of Thessaloniki
Stephen C. Thaman, Professor of Law, Emeritus, Saint Louis University
Juliette Tricot, Centre de Droit Pénal et de Criminologie, University of Paris Nanterre
Jenia Iontcheva Turner, Amy Abboud Ware Centennial Professor in Criminal Law, Dedman School of Law, Southern Methodist University
Mary Vogel, Professor of Law, University of Manchester
Joelle Vuille, Senior Researcher, School of Criminal Justice, University of Lausanne
Michael Washington, Fellow, Washington University Institute for Policy in Medicine and Law
Thomas Weigend, Professor of Criminal Law (ret.), University of Cologne
Bettina Weißer, Professor of Criminal Law, Director of the Institute for Foreign and International Criminal Law, University of Cologne
Frank Zimmermann, Postdoctoral Research Fellow, Ludwig-Maximilians University, Munich

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