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.

Chapter 5: Standards for making factual determinations in arrest and pre-trial detention: a comparative analysis of law and practice

Richard Vogler and Shahrzad Fouladvand

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


This chapter examines two of the most important and potentially dangerous aspects of criminal justice process: arrest and detention. With respect to arrest, the different approaches to factual determinations represented by the concepts of “reasonable suspicion” in England and Wales, “probable cause” in the United States of America and “flagrancy” in France are examined and compared. It is argued that international pressures on different criminal justice systems is advancing “reasonable suspicion” as a universal standard. In relation to detention, the question of the presumption in favour of release and that of preventive detention are examined comparatively and it is concluded that pre-trial detention is changing in character and becoming more focused on policing and control strategies. The problem with factual determinations in all these areas is the absence of relevant information on which decisions can be based; making these practices uniquely vulnerable to subjective bias.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information