Literature on German Criminal Law

A project of the Max Planck Institute for the Study of Crime, Security and Law

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  1. Comparative norm design: The U.S. rules model and the German standards model in criminal justice and beyond Journal Article
    Bender, Philip Maximilian (2024)
    In: UCLA Journal of International Law and Foreign Affairs, 27(2)
    Comparative law Law, Methodology of Judges Criminal procedure Evidence: criminal law Witnesses Sentences Withdrawal of prosecution and plea bargaining Common law Adversarial system Inquisitorial system
  2. Same ends, different means: Truth and fairness in criminal procedure of the United States and Germany Unpublished Work
    Bender, Philip Maximilian (2022)

    Criminal procedure Comparative law Legal history Juries and lay judges Withdrawal of prosecution and plea bargaining Evidence: criminal law Witnesses Adversarial system Common law Inquisitorial system
    DOI
    Open Access
  3. Witness evidence in pre-trial and trial procedure Contribution
    Jackson, John D.; Weigend, Thomas (2022)
    In: Ambos, Kai; Duff, Antony; Heinze, Alexander; Roberts, Julian; Weigend, Thomas (Eds.), Core concepts in criminal law and criminal justice, Cambridge University Press, Cambridge, pp. 260-299
    Evidence: criminal law European Court of Human Rights Criminal investigation Witnesses Human rights Comparative law Inquisitorial system Adversarial system
    DOI
  4. The turn to confession bargaining in German criminal procedure: Causes and comparisons with American plea bargaining Journal Article
    Langbein, John H. (2022)
    In: The American Journal of Comparative Law, 70(1), pp. 139-161
    Withdrawal of prosecution and plea bargaining Comparative law Adversarial system Inquisitorial system Prosecutorial discretion Judicial discretion Legal history Prosecuting and public attorney Criminal procedure Admissions and confessions
    DOI
  5. Prosecutors and Trials Contribution
    Heinze, Alexander (2021)
    In: Gold, Russell; Levine, Kay; Wright, Ronald (Eds.), The Oxford handbook of prosecutors and prosecution, Oxford University Press, New York, pp. 116-152
    Comparative law Adversarial system Inquisitorial system Prosecuting and public attorney Trial practice Evidence: criminal law Juries and lay judges Witnesses Withdrawal of prosecution and plea bargaining
    DOI
  6. The role of the prosecutor Contribution
    Heinze, Alexander ; Fyfe, Shannon (2020)
    In: Ambos, Kai; Duff, Antony; Heinze, Alexander; Roberts, Julian; Weigend, Thomas (Eds.), Core concepts in criminal law and criminal justice, Cambridge University Press, Cambridge, pp. 343-388
    Prosecuting and public attorney Comparative law Adversarial system Inquisitorial system Criminal law: theory Legal ethics Withdrawal of prosecution and plea bargaining
    DOI
  7. Negotiated case dispositions in Germany, England and the United States Contribution
    Turner, Jenia Iontcheva; Weigend, Thomas (2020)
    In: Ambos, Kai; Duff, Antony; Heinze, Alexander; Roberts, Julian; Weigend, Thomas (Eds.), Core concepts in criminal law and criminal justice, Cambridge University Press, Cambridge, pp. 389-427
    Comparative law Withdrawal of prosecution and plea bargaining Criminal procedure Inquisitorial system Adversarial system Prosecutorial discretion
    DOI
  8. The German “Verständigung” and consensual elements in German criminal trials Journal Article
    Jahn, Matthias ; Schmitt-Leonardy, Charlotte (2020)
    In: German Law Journal, 21(6), pp. 1134-1148
    Withdrawal of prosecution and plea bargaining Criminal procedure Law reform Judicial statistics Judicial process Criminal law: theory Adversarial system Inquisitorial system
    DOI
    Open Access
  9. AI in the courtroom: a comparative analysis of machine evidence in criminal trials Journal Article
    Gless, Sabine (2020)
    In: Georgetown Journal of International Law, 51(2), pp. 195-254
    Artificial intelligence Evidence: criminal law Defendant/Defense/Defense counsel (criminal procedure) Due process of law Adversarial system Inquisitorial system
  10. Comparative approaches to criminal procedure. Transplants, translations, and adversarial-model reforms in European Criminal Process Contribution
    Grande, Elisabetta (2019)
    In: Brown, Darryl; Hörnle, Tatjana; Turner, Jenia; Weisser, Bettina (Eds.), The Oxford handbook of criminal process, Oxford University Press, Oxford, pp. 66-88
    Criminal procedure Adversarial system Inquisitorial system Criminal investigation Evidence: criminal law Witnesses Juries and lay judges Withdrawal of prosecution and plea bargaining
    DOI
  11. Limits of victim participation in adversarial and non-adversarial systems. A case study of Germany and Australia Contribution
    Braun, Kerstin (2019)
    In: Braun, Kerstin (Eds.), Victim participation rights. Variation across criminal justice systems, Springer, Cham, Switzerland, (Palgrave studies in victims and victimology, ), pp. 203-232
    Victims Adversarial system Inquisitorial system Comparative law Law reform
    DOI
  12. Plea bargaining and disclosure in Germany and the United States. Comparative Lessons Journal Article
    Turner, Jenia Iontcheva (2016)
    In: William & Mary Law Review, 57(4), pp. 1549-1596
    Comparative law Withdrawal of prosecution and plea bargaining Defendant/Defense/Defense counsel (criminal procedure) Evidence: criminal law Adversarial system Inquisitorial system Criminal policy
  13. Nothing but the truth? Some facts, impressions and confessions about truth in criminal procedure Contribution
    Jung, Heike (2014)
    In: Duff, Antony (Eds.), Truth and due process, Bloomsbury Publishing, London, pp. 147-156
    Criminal procedure Criminal investigation Human rights Inquisitorial system Adversarial system Withdrawal of prosecution and plea bargaining
    DOI
  14. Should we search for the truth, and who should do it? Journal Article
    Weigend, Thomas (2011)
    In: North Carolina Journal of International Law and Commercial Regulation, 36(2), pp. 389-415
    Criminal procedure Inquisitorial system Adversarial system Comparative law Confidential communications Evidence: criminal law Juries and lay judges International criminal courts and tribunals
  15. Prosecutors as judges Journal Article
    Luna, Erik ; Wade, Marianne (2010)
    In: Washington and Lee Law Review, 67(4), pp. 1413-1532
    Prosecutorial discretion Withdrawal of prosecution and plea bargaining Adversarial system Common law Inquisitorial system Prosecuting and public attorney Criminal procedure Comparative law