Crime, Procedure and Evidence in a Comparative and International Context Essays in Honour of Professor Mirjan Damaska

by Jackson, John; Langer, Maximo; Tillers, Peter

• ISBN13: 9781841136820
• ISBN10: 1841136824
• Format: Hardcover
• Copyright: 2008-10-01
• Publisher: Hart Publishing

Summary

This festschrift honors the work of Professor Mirjan Damaka Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law, and continental le

Author Biography

John Jackson is Professor of Comparative Criminal Law and Procedure, Faculty of Social Sciences, School of Law, University of Nottingham. He is the author of a number of books on evidence and criminal procedure including Northern Ireland Supplement to Cross on Evidence (1983), Called to Court: A Public View of Criminal Justice in Northern Ireland (1991) (with R Kilpatrick and C Harvey), Judge without Jury: Diplock Trials in the Adversary System (1995) (with Sean Doran), The Judicial Role in Criminal Proceedings (2000) (with Sean Doran), Standards for Prosecutors: An Analysis of the United Kingdom National Prosecuting Agencies (2006) (with Barry Hancock), Crime, Procedure and Evidence in a Comparative and International Context (2008)(with P. Tillers and M. Langer) and Standards for Prosecutors: An Analysis of the National Prosecuting Agencies in Ireland, New South Wales (Australia), The Netherlands and Denmark (2009)(with Barry Hancock).
Maximo Langer is Acting Professor of Law at the University of California, Los Angeles.

Table of Contents

Acknowledgements	p. vii
List of Contributors	p. xi
Introduction: Damaska and Comparative Law	p. 1
Mirjan Damaska: A Bridge Between Legal Cultures	p. 29
Diverging and Converging Procedural Landscapes, Changes in the Institutional and Political Environment and Legal Transplants	p. 37
The Decay of the Inquisitorial Ideal: Plea Bargaining Invades German Criminal Procedure	p. 39
Sentencing in the US: An Inquisitorial Soul in an Adversarial Body?	p. 65
Italian Criminal Procedure: A System Caught Between Two Traditions	p. 81
The Two Faces of Justice in the Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining and the Inquisitorial Legacy	p. 99
Some Trends in Continental Criminal Procedure in Transition Countries of South-Eastern Europe	p. 119
Re-Exploring the Epistemological Environment	p. 143
Dances of Criminal Justice: Thoughts on Systemic Differences and the Search for the Truth	p. 145
Cognitive Strategies and Models of Fact-Finding	p. 165
Are There Universal Principles or Forms of Evidential Inference? Of Inference Networks and Onto-Epistemology	p. 179
Human Rights Standards and Hybridisation in the Transnational and International Prosecution of Crime	p. 199
Extraterritorial Jurisdiction: Applications to 'Terrorism'	p. 201
Faces of Transnational Justice: Two Attempts to Build Common Standards Beyond National Boundaries	p. 221
Reflections on the 'Hybridisation' of Criminal Procedure	p. 251
The Confrontation Right Across the Systemic Divide	p. 261
The Challenge for Comparative Scholarship	p. 273
The Good Faith Acquisition of Stolen Art	p. 275
Faces of Justice Adrift? Damaska's Comparative Method and the Future of Common Law Evidence	p. 295
Utility and Truth in the Scholarship of Mirjan Damaska	p. 329
Sentencing and Comparative Law Theory	p. 351
No Right Answer?	p. 371
Postscript	p. 393
Anglo-American and Continental Systems: Marsupials and Mammals of the Law	p. 395
Appendix	p. 415
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