Table of Contents

Comparative Criminal Procedure

Comparative Criminal Procedure

Research Handbooks in Comparative Law series

Edited by Jacqueline E. Ross and Stephen C. Thaman

This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.

Introduction: mapping dialogue and change in comparative criminal procedure

Jacqueline E. Ross and Stephen C. Thaman

Subjects: law - academic, comparative law, criminal law and justice


The study of comparative criminal procedure is not only a study of how national legal systems differ from each other but also a study of the dialogue between them, and between legal actors and interest groups across systems. Participants in this dialogue copy, criticize, or champion other systems. They seek to urge emulation of foreign models, or change their own. And they analyze processes and factors that bring legal systems closer or drive them apart or that create new hybrids out of elements of many different systems. Our volume seeks to track this dialogue and its evolution, mapping national changes over time in the influence of national models or of transplanted procedural devices, such as plea bargaining and the jury system, which have cross-pollinated multiple otherwise very different systems of criminal procedure. In particular, our volume tracks three shifts in the field of comparative criminal procedure.