Fundamental Concepts in Criminal Law and Criminal Justice

Author: Stefanie Bock; Matthew Dyson; Julian V. Roberts; Jenia Turner
Publisher: Hart Publishing
ISBN: 9781509967056
Published In: February 2027
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The first volume of a three volume series which presents a set of common foundational concepts in criminal law and criminal justice. Focusing on a comparison between Anglo-American and German concepts, doctrines, principles and structures, each chapter is includes factual scenarios which illustrate the concepts explained.

Criminal law and criminal justice are becoming increasingly globalised. There is a growing desire to develop common approaches to common problems and to learn from the diversity of current practice in different countries. This development has been reinforced by the internationalisation of criminal justice in international and mixed criminal tribunals. However, attempts at trans-jurisdictional discourse are often hampered by mutual misunderstandings. Professionals and academics engaged in comparative criminal law sometimes use the same terms with different meanings or different terms which mean the same thing.

If we are to overcome these obstacles, we need to engage in a multijurisdictional and comparative conceptual analysis of a kind not provided by previous comparative projects, which typically focus on specific topics or issues. This volume looks for a set of common foundational concepts that could provide the basis for productive trans-jurisdictional exchanges. It provides insight on key topics such as the offences against property, self defence, liability for attempts, cyber crime, the presumption of innocence, the role of victims, and wrongful convictions. It includes contributions from distinguished scholars with international reputations, from a diversity of backgrounds and including theoretical and normative as well as empirical focuses.

1. Introduction to Volume, Matthew Dyson (University of Oxford, UK), Stefanie Bock (Philipps University, Germany), Julian Roberts (University of Oxford, UK), Jenia Turner (SMU Dedman School of Law, USA) and Alec Walen (Rutgers University, USA)

2. Attempts, Phillip-Alexander Hirsch (Max Planck Institute for the Study of Crime, Security and Law, Germany) and Gregory Antill (Pace University, USA)

3. Civil Disobedience on Trial: A Comparative Criminal Law Perspective, Ivó Coca-Vila (Universitat Pompeu Fabra, Spain), David Lefkowitz (University of Richmond, USA) and David Feldman (University of Cambridge, UK)

4. The Grading of Homicide Offences, Stefanie Bock (Philipps University, Germany), Stuart Green (Rutgers Law School, USA) and Findlay Stark (University of Cambridge, UK)

5. Victims of Crime, Stefanie Bock (Philipps University, Germany) and Sandra Marshall (University of Stirling, UK)

6. AI and Policing, Victoria Ibold (University of Passau, Germany) and Laurent Sacharoff (University of Denver Sturm College of Law, USA)