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Criminal Procedure: A Comparative Approach, First Edition

Authors
  • Stephen C. Thaman
Series / Aspen Casebook Series
Teaching Materials
NO
Description
Table of contents
Preface

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Criminal Procedure: A Comparative Approach, First Edition is designed with the premise that in order to understand one’s own system of law, including its positive and negative aspects, one must compare it with how other systems approach the same issues in democratic countries. The book compares the seminal jurisprudence of the U.S. Supreme Court and cases from state and lower federal courts with the approaches taken in democratic countries in Europe, Asia and Latin America, the European and Inter-American Courts of Human Rights, and the International Criminal Courts. This comparison is contextualized in relation to the burning issues of criminal procedure in a world where the democratic rule-of-law state is no longer something which can be taken for granted. Professors abroad, or those who teach specialized comparative classes, can decide how much U.S. law to include, and can augment the non-U.S. case selection by drawing from a large selection of other cases and statutory texts included in an online appendix. 

The book will prompt discussions of reforms that aim to: (1) ensure that all segments of the population are treated equally; (2) prevent the conviction of the innocent based on insufficient or fabricated evidence; and (3) ensure that more cases are subjected to adversarial testing, proof beyond a reasonable doubt, and proportionate sentencing worthy of 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, revealing 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, all in English or English translation, 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 

CHAPTER 10
Pretrial Detention, Other Coercive Measures, and the
Right to a Speedy Trial

CHAPTER 11
Preparation for Trial: Review of the Charging Decision, Discovery,
and the Postcharge Ability of Counsel to Prepare a Defense 

CHAPTER 12
The Taking of Evidence at Trial: Orality, Immediacy, and the Right
to Confrontation 

CHAPTER 13
Presumption of Innocence, Burden of Proof, and Guaranteeing the
Independence and Impartiality of the Trial Court and the Jury 

CHAPTER 14
The Roles of Lay and Professional Judges in Evaluating the Evidence,
Deciding Facts, Guilt, and Punishment, and How the Rationality of
Their Decisions Is Justified 

CHAPTER 15
The Finality of Criminal Judgments: Appeal, Cassation, the
Reopening of Final Judgments, and the Effect of Double Jeopardy 

CHAPTER 16
How Much Evidence Suffices to Overcome the Presumption of
Innocence and Prove Guilt Beyond a Reasonable Doubt: A Closer
Look at the Difficult Cases That Are Prone to Miscarriages of Justice 

CHAPTER 17
Plea and Sentence Bargaining and the Avoidance of the Full
Criminal Trial 

CHAPTER 18
Possible Pathways to Reform 

Glossary
Bibliography 
Appendix: Excerpted Cases, Codes, and Other Norms
Index
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Professor Materials
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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
1330
Connected eBook with Study Center + Hardcover
9798892070782
Subject
Criminal Procedure
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