General Defences in Criminal Law (Substantive Issues in Criminal Law)

Reed, Alan

Bohlander, Michael

Criminal Law

Routledge

Participation in Crime (Substantive Issues in Criminal Law)

Politics & Social Sciences

Social Sciences

Following on from the earlier edited collection, Loss of Control and Diminished Responbility, this book is the first volume in the Substantive Issues in Criminal Law series. It serves as a leading point of reference in the area relating to participation in crime and identifies the need for a consistent approach to the doctrinal and theoretical underpinnings of complicity liability. With a section on the UK analysing points of current interest, the book also has a large comparative section dealing with foreign jurisdictions and examines on the basis of a unified research grid how different legal systems treat core issues of participation in the context of criminal law. This book is a valuable reference resource for those in the criminal justice community in the UK and abroad and for academics, the judiciary and policy-makers.

Participation in Crime: Domestic and Comparative Perspectives (Substantive Issues in Criminal Law)

This volume contributes to the codification debate by bringing together research articles which compare and contrast the experience of countries which have a criminal code with those operating a case law system. The articles consider the criticisms that are often made of criminal code systems such as: the implicit restrictions on judicial discretion; the tendency towards inflexibility; the discrepancy that can develop between the theory and the development of the law in practice; and the potential difficulty of a criminal code fitting into a country’s domestic socio-legal culture. The advantages of the case law system are also considered such as reliance on the judiciary for the development of the nation’s criminal law as well as the ability to legislate on the problems of the day by enacting topical laws for distinct subjects. Whereas wholesale codification is a much more accepted phenomenon in the continental law traditions, simplistic transplants from one legal tradition can result in systemic frictions and other anomalies which may offend domestic culture. This collection is an invaluable reference tool which supports the discussion over codification and promotes better understanding across the common law/civil law divide.

The Codification of Criminal Law (The International Library of Essays on Criminal Law)

Birkett, Daley

The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.

General Defences in Criminal Law: Domestic and Comparative Perspectives (Substantive Issues in Criminal Law)

The new edition of this seminal text outlines the fundamental aspects of the German approach to criminal procedure. It explores a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.

Principles of German Criminal Procedure (Studies in International and Comparative Criminal Law)

Hart Publishing

The new edition of this seminal text outlines the fundamental aspects of the German approach to criminal procedure. It explores a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.

German criminal law doctrine, as one of the more influential ones over time and on a global scale, takes rather different approaches to many of the problems of substantive law from those of the common law family of countries like the UK, the US, Canada, New Zealand, Australia etc. It also differs markedly from the system which is most often used in Anglophone writing as a civil law comparison, the French law. German criminal law is a code-based model and has been for centuries. The influence of academic writing on its development has been far greater than in the judge-oriented common law models. The book will serve as a useful aid to debates about codification efforts in countries that are mostly based on a case law system, but who wish to re-structure their law in one or several criminal codes. The comparison will show that similar problems occur in all legal systems regardless of their provenance, and the attempts of individual systems at solving them, their successes and their failures, can provide a rich experience on which other countries can draw and on which they can build. The book provides an outline of the principles of German criminal law, mainly the so-called 'General Part' (eg actus reus, mens rea, defences, participation) and the core offence categories (homicide, offences against property, sexual offences). It sets out the principles, their development under the influence of academic writing and judicial decisions. The book is not meant as a textbook of German criminal law, but is a selection of interrelated in-depth essays on the central problems. Wherever it is apposite and feasible, comparison is offered to the approaches of English criminal law and the legal systems of other common and civil law countries in order to allow common lawyers to draw the pertinent parallels to their own jurisdictions.

Principles of German Criminal Law (Studies in International and Comparative Criminal Law)

The book aims to outlinie the fundamental aspects of the German approach to criminal procedure; it is meant as a companion volume to the author's earlier publications, 'The German Criminal Code - A Modern English Translation', and 'Principles of German Criminal Law', also with Hart. In appropriate cases, comparisons to English and Welsh law have been drawn. The chapters cover a wide range of issues from setting out the basic procedural principles to presenting the main players in the criminal justice system, pre-trial investigations, the path from indictment to trial judgment, rules of evidence, sentencing, and appeals and post-conviction review. As far as it is useful for an introductory text, the differences between proceedings against adults and juveniles are highlighted. The theoretical discussion of decision-making and style of judgment writing is supported by practical insights through specimen translations of an indictment, a trial judgment and an appellate judgment by the Federal Court of Justice.

Contact With Extraterrestrial Intelligence and Human Law: The Applicability of Rules of War and Human Rights (Studies in International Criminal Law, 5)

Foreign & International Law

Brill Nijhoff

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Books by Bohlander, Michael

See the best price to sell, buy, or rent books by Bohlander, Michael. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

General Defences in Criminal Law (Substantive Issues in Criminal Law)

Participation in Crime (Substantive Issues in Criminal Law)

Participation in Crime: Domestic and Comparative Perspectives (Substantive Issues in Criminal Law)

The Codification of Criminal Law (The International Library of Essays on Criminal Law)

General Defences in Criminal Law: Domestic and Comparative Perspectives (Substantive Issues in Criminal Law)

Principles of German Criminal Procedure (Studies in International and Comparative Criminal Law)

Principles of German Criminal Procedure (Studies in International and Comparative Criminal Law)

Principles of German Criminal Law (Studies in International and Comparative Criminal Law)

Principles of German Criminal Procedure (Studies in International and Comparative Criminal Law)

Contact With Extraterrestrial Intelligence and Human Law: The Applicability of Rules of War and Human Rights (Studies in International Criminal Law, 5)