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Investigative Criminal Procedure: A Comparative Approach, First Edition

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Authors
  • Stephen C. Thaman
Series / Aspen Casebook Series
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Book length
640 pages
Publication Date
2025-09-15
Edition
First Edition
Teaching Materials
NO
Description
Table of contents
Preface

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Investigative Criminal Procedure: A Comparative Approach, First Edition picks up Chapters 1 through 9 from the author’s casebook, Criminal Procedure: A Comparative Approach, First Edition, and focuses on how the Fourth, Fifth, and Sixth Amendments inform the regulation of detention, arrest, search and seizure, the use of secret investigative techniques and identification practices, and the interrogation of criminal suspects in the prevention and investigation of crime in the U.S. It explores the extent to which the criminal investigation is still secret and police-dominated and covers when the right to counsel is guaranteed during crucial investigative measures such as line-ups, interrogations, and searches. It also deals with the extent to which police and prosecutors may use racial profiling, deception, and pretext to induce criminal suspects to waive their constitutional rights to their own detriment. Finally, it compares the extent to which evidence gathered in violation of fundamental rights may be used to prove guilt at trial. 
 
The comparative approach shows how the U.S. has moved from a “due process” emphasis in the 1960s and 70s, which influenced countries all over the world, to one which prioritizes “crime control”; and compares the historical and contemporary U.S. approach with current jurisprudence and legislation in Europe and other democracies. This text helps students in the U.S. and abroad to better identify the strengths and weaknesses of their own systems while also prompting them to discuss the approaches which are more just, humane, and appropriate for a democratic society.

Benefits for instructors and students:
  • Cases and other excerpted materials: A wealth of interesting and well-edited cases, both U.S. and international, providing material for comparative analysis and stimulation for classroom discussion.
  • U.S. Law Notes: Supplements to the excerpted seminal cases, discussing nuances in the prevailing approach and divergences among states which accord more protection than the U.S. Supreme Court.
  • Discussion: Provocative questions and information, designed to encourage students and instructors to identify the similarities and differences between U.S. and foreign law, and to discuss which approaches may be the preferred ones.
  • Online Appendix: A wealth of high court opinions and statutory law, for those students or instructors who wish to delve deeper into a particular area, who are enrolled in classes that are not heavily focused on U.S. law, or who need additional resources for writing papers.
  • Glossary of Terms and Concepts Translated from French, German, Italian, Russian and Spanish: Important information (especially helpful for non-U.S. students) to help clear up potential terminological confusion.
  • Further Reading (U.S. and Comparative): Chapter-end suggestions for books and articles (each list focusing exclusively on U.S. or comparative law), related to the issues discussed in the chapter.
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Table of Contents
SUMMARY OF CONTENTS

Contents 
Preface

CHAPTER 1
The Historical and Comparative Foundations of Crime
Prevention and Criminal Procedure
CHAPTER 2
The Preliminary Investigation: Models, Division
of Tasks, and Powers 
CHAPTER 3
Arrest and Temporary Detention: Limitations and Deprivations
of Liberty in the Investigation and Prevention of Crime 
CHAPTER 4
Theories of the Right to Privacy and Conventional Search Law 
CHAPTER 5
Privacy and the Use of Secret Investigative Techniques in
Investigating Crime and Threats to National Security 
CHAPTER 6
The Right to Silence and the Privilege Against Self-Incrimination 
CHAPTER 7
The Use of Undercover Agents and Informants and Their Impact on the
Right to Privacy, the Privilege Against Self-Incrimination, and Due Process 
CHAPTER 8
The Admissibility of Illegally Gathered Evidence: Exclusionary
Rules and Evidentiary Use Prohibitions 
CHAPTER 9
The Regulation of Eyewitness Identification 

Glossary 
Bibliography 
Appendix: Excerpted Cases, Codes, and Other Norms 
Index
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Preface
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About the authors
Stephen C. Thaman
Professor of Law emeritus
Saint Louis University

Professor Thaman got an M.A. in German in 1968, and a J.D. in 1975, both from the University of California, in Berkeley. He then was an Assistant Public Defender in California for 11 ½ years from 1976-1987 and defended in around 60 jury trials, from misdemeanors to death penalty cases.

He was a Fulbright scholar at the Free University of Berlin from 1987-1988 and was an attorney-trainee at the European Commission of Human Rights in Strasbourg, France in 1988. From 1991-1992 he worked at the International Institute for Higher Studies in Criminal Sciences in Siracusa, Italy. In 1992 he was awarded a Dr. iur from the Univesity of Freiburg, in Germany, with a dissertation on Environmental Criminal Law in the U.S. (written in German). From 1992-1995 he was IREX fellow at the Institute of State and Law of the Russian Academy of Sciences and later as liaison for the ABA Central and Eastern European Law Initiative in Moscow. He was Professor of Law at Saint Louis University from 1995-2017, where he taught criminal law and procedure, comparative law, comparative criminal procedure, and international criminal law, and directed a summer law program in Madrid from 2000-2013.

From 2018-2014 he was on the Scientific Advisory Board of the Max-Planck-Institute for Foreign and International Criminal Law in Freiburg, Germany. He was on the Board of Directors of the International Association of Penal Law from 2014-2024 and, since 2025, has been a Vice-President of that organization. He is currently Of Counsel at Oehmichen International in Berlin.

Professor Thaman has written authoritative studies of new jury systems in Russia, Spain, and Argentina, and about lay participation in Venezuela and Japan. The second edition of his book Comparative Criminal Procedure: A Casebook Approach was published in January 2008 and was later translated into Chinese. He has contributed chapters to some 60 books and written some 50 articles dealing with U.S. and comparative criminal law and procedure. He has edited or co-edited four books on comparative plea bargaining, exclusionary rules, and right to counsel, as well as on comparative criminal procedure in general. Besides English, he is fluent in German, Spanish, Russian, French, and Italian, and has written and published, lectured, and taught in all of these languages around the world.

Professor Thaman has consulted with Working Groups responsible for drafting new codes of criminal procedure in Russia (2001) and Latvia (2004) and worked on the reform of codes of criminal procedure in Georgia, Kakazhstan, Kyrgyzstan, Armenia, Indonesia, the Philippines, and Vietnam.

He has taught classes in comparative and U.S. criminal law and procedure as a visiting professor in Japan (2001), Nicaragua (2003)(in Spanish), Orleans, France (2004)(in French), Bologna (2005)(in Italian), Buenos Aires (2009)(in Spanish), Bern (2010), Rome (2010)(in Italian), Paris (2010), Modena, Italy (2013)(in Italian), Istanbul (2012), Chongqing, China (2013), Trento, Italy (2015, 2019), Szeged, Hungary (2017), Higher School of Economics in Moscow (2018, 2019, in Russian), Lisbon (2016, 2019), and Lucerne, Switzerland (2019, in German). He taught Comparative Legal Systems at the National University of Singapore from Aug. to Dec. 2008.

In 2019 he was awarded the Hans-Heinrich Jescheck Prize by the Max-Planck-Institute for Foreign and International Comparative Law and the International Association of Penal Law “in recognition of sustained innovative and outstanding research that has contributed significantly to the advancement of comparative, international or supranational criminal law.”

Product Information
Edition
First Edition
Publication date
2025-09-15
Copyright Year
2026
Pages
640
Connected eBook with Study Center + Paperback
9798892070812
Subject
Criminal Procedure
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