By John Jackson, Maximo Langer, Peter Tillers
This festschrift honors the paintings of Professor Mirjan Dama?ka — Sterling Professor of legislations at Yale legislation college and a famous authority for a few years within the fields of comparative legislation, procedural legislation, facts, foreign legal legislation, and continental felony historical past. Professor Dama?ka's paintings is well known for delivering new frameworks for knowing diverse felony traditions. To have fun the intensity and richness of his paintings and speak about its implications for the long run, the editors have introduced jointly a magnificent diversity of top students from diversified jurisdictions within the fields of legal legislations, comparative legislation, overseas legislation, proof, and criminal thought. After an advent via the editors and a tribute through Harold Koh — Dean of Yale legislation university — the booklet is then divided into 3 elements. the 1st half explores a couple of insights from Professor Dama?ka's paintings within the fields of facts, felony legislation, and criminal conception. the second one half considers modern tendencies in nationwide and overseas felony approach, interpreting either the level to which those are leading to converging practices throughout nationwide jurisdictions and the growing to be significance of overseas legal legislations. the ultimate a part of the ebook assesses Professor Dama?ka's contribution to comparative legislation and the demanding situations confronted by means of comparative legislation within the twenty first century.
Read or Download Crime, Procedure and Evidence in a Comparative and International Context: Essays in Honour of Professor Mirjan Damaska (Studies in International & Comparative Criminal Law) PDF
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Extra resources for Crime, Procedure and Evidence in a Comparative and International Context: Essays in Honour of Professor Mirjan Damaska (Studies in International & Comparative Criminal Law)
Delmas-Marty provides an example of how comparative law can perfect the process of ‘hybridisation’ involved in the mixing of legal traditions. She 56 M Damaška, ‘The Uncertain Fate of Evidentiary Transplants: Anglo-American and Continental Experiments’ (1997) 45 American Journal of Comparative Law 839, 852. Columns Design Ltd / Job: Jackson / Division: Chapter01 /Pg. Position: 20 / Date: 19/8 JOBNAME: Jackson PAGE: 21 SESS: 13 OUTPUT: Fri Aug 29 11:26:47 2008 Introduction: Damaška and Comparative Law 21 draws on her own experience with the Corpus Juris project, which attempted to design a European criminal code to regulate fraud in the European Union.
13 Arts 444 ff Codice di procedura penale. 14 Arts 495–7 ff Code de procédure pénale. 15 Arts 652, 688, 694 Ley de enjuiciamiento criminal. 16 Arts 335, 343, 387 Kodeks postVpowania karnego. Columns Design Ltd / Job: Jackson / Division: Chapter03 /Pg. 17 Damaška and other commentators have correctly pointed out that there exist obvious differences between US-style plea bargaining and the new schemes to be found on the Continent,18 and those new schemes also differ considerably amongst each other.
The lack of a more effective system for combating international terrorism does not excuse such illegality but it may increase the risk of it continuing to happen. Bassiouni’s reference to the variation in the procedural rights that may be available in different legal fora to individuals charged with terrorism offences draws attention to the diversity of evidentiary and procedural standards that apply in such cases, a diversity that could be considered a failing in the application of criminal law at the international level.