Criminal Procedure

This book presents, for the first time, a comprehensive comparison of criminal procedure law — whether arising from rules or court decisions — of countries around the world. An overview chapter by editor Craig Bradley is followed by thirteen chapters on a variety of countries, written either by a leading academic from that country or an American with substantial expertise in that country. One focus of the book is, of course, the rules of criminal procedure, beginning with the first encounter of police with a subject, continuing through the trial, and finishing with the post-trial review process. A less obvious goal of the book — and one that is missing in most such comparative discussions — is to present what really goes on in each country, regardless of what the formal rules may provide. The combination of authors who are intimately familiar with the procedures of each country, and an editor from outside that country who continually presses the authors to disclose the reality behind the rules, is one of the unique features of the book.

Rule enforcement is a particular emphasis of the book. Other topics presented include those of interest to police — the requirements for both search warrants and warrantless searches; interrogation rules and identification procedures, including lineups; obtainment of blood samples, etc. — as well as court procedures, including the right to council, pretrial procedures, the trial itself, and the nature and availability of appeals. Criminal Procedure presents a thorough description of comparative criminal law both as written and as practiced.

"This is an indispensable resource for law students, attorneys and anyone involved with international law." — Book News Inc., 2008

"The book is a major accomplishment. It combines ease of reference and overview with providing sufficient information to enable the reader to pursue further studies, should he or she so desire. It deserves a wide readership among international and comparative criminal lawyers. It should be compulsory reading for anyone working in places like ICTY, ICTR, and the future ICC. It might even have a salutary effect on how those bodies treat the legal traditions of countries whose mother tongue is not English or French… The book is excellent." — International Criminal Law Review, 2001, on the first edition

"Imagine in one book a chance to compare France with Germany, the United States with Argentina, Spain with Italy and Argentina, England with Canada. The wealth of detail that is the virtue of the book forces the reviewer to make difficult choices about what to discuss....Bradley's book is filled with delicious discoveries in all areas of the law of criminal procedure." — The Journal of Criminal Law and Criminology, 2001, on the first edition