Comparative Criminal Procedure: A Select Bibliography
By Lyonette Louis-Jacques
Lyonette Louis-Jacques is Foreign and International Law Librarian and Lecturer in Law at the University of Chicago D'Angelo Law Library.
Published June/July 2007
Table of Contents
This bibliography lists selected English-language resources on comparative criminal procedure. It focuses on journal articles, book chapters, and treatises covering comparative criminal procedure generally, criminal procedure in multiple jurisdictions, and specialized research topics in comparative criminal procedure such as: arrest, pre-trial detention, interrogation, right to counsel, legal assistance for indigent defendants, discovery, plea bargaining, trial by jury, the privilege against self-incrimination, inquisitorial versus accusatorial systems, role of prosecutors, judges and defense attorneys, cross-examination, exclusionary rules, sentencing, death penalty, criminal appeals, and double jeopardy.
American Series of Foreign Penal Codes (Buffalo, NY: William S. Hein).
English translations of foreign criminal and criminal procedures codes formerly published by F. B. Rothman and now available from Hein. Includes the French Code of Criminal Procedure (1988) and the Criminal Procedure Code of the People's Republic of China and Related Documents (1985).
Buffalo Criminal Law Center (BCLC's "Criminal Law Resources on the Internet" page includes links to full texts of foreign criminal/penal procedure codes).
Corpus Juris: Legal Texts of the Candidate Countries (links to English texts of the criminal procedure codes and laws of the Czech Republic, Estonia, Hungary, Poland, Romania, and Slovakia).
Global Legal Information Network (GLIN is a U.S. Law Library of Congress database that indexes laws, regulations, and judicial decisions for over 40 jurisdictions, mostly in Latin America).
Legislationline (OSCE)(links to English texts of legislation of European countries on the police, prisons, right to a fair trial, and the death penalty).
Legal materials for Argentina, Australia, Canada, China, EU, France, Hong Kong, Hungary, India, Ireland, Israel, Malaysia, Mexico, New Zealand, Northern Ireland, Philippines, Scotland, Singapore, South Africa, UK; EELEG (Eastern European Legal Texts in English translation)
Reynolds, Thomas H. & Flores, Arturo A. Foreign Law: Current Sources of Codes and Basic Legislation in Jurisdictions of the World (Littleton, Colo.: F.B. Rothman; W.S. Hein, 1989- ) (loose-leaf and web-based service including references to criminal procedure codes in the vernacular and in English translation).
Legal materials for Australia, Canada, Hong Kong, Mexico (the Diario oficial (official gazette of laws)), the European Union, and the United Kingdom (Scotland, England and Wales)
Abdel Haleem, Muhammad, Sharif, Adil Umar, & Daniels, Kate eds. Criminal Justice in Islam: Judicial Procedure in the Sharīa (London; New York: I.B. Tauris; Palgrave Macmillan, 2003).
Andrews, J.A. ed. Human Rights in Criminal Procedure: A Comparative Study (The Hague; Boston: M. Nijhoff; Kluwer, 1982).
Covers protection of the rights of the accused in pre-trial and trial procedures (preliminary investigation, arrest, bail, speedy trial, trial by jury, fair trial, right to counsel, search and seizure, detention, etc.) in Belgium, Canada, the Federal Republic of Germany, Greece, Ireland, Northern Ireland, Scotland, and the United States.
Bassiouni, M. Cherif ed. The Islamic Criminal Justice System (London; New York: Oceana Publications, 1982).
Berg, Manfred, Kapsch, Stefan, & Streng, Franz eds. Criminal Justice in the United States and Germany: History, Modernization, and Reform = Strafrecht in den Vereinigten Staaten und Deutschland : Geschichte und neuere Entwicklungen (Heidelberg : Winter, 2006).
Bradley, Craig M. ed. Criminal Procedure: A Worldwide Study (Durham, N.C.: Carolina Academic Press, 1999). 2d edition forthcoming June 2007 will include Egypt and Mexico, but omit Scotland and Spain.
Covers Argentina, Canada, China, England, France, Germany, Israel, Italy, Russia, Scotland, South Africa, Spain, and the United States.
Bryett, Keith & Osborne, Peter. Criminal Prosecution Procedure and Practice: International Perspectives (Belfast: Stationery Office, 2000).
Covers adversarial and inquisitorial models of criminal justice, public and private prosecutors, prosecution structures, accountability and independence of prosecutors, equity and fairness, for Northern Ireland, England and Wales, Scotland, the Republic of Ireland, France, the Netherlands, Belgium, New Zealand, Australia, Canada, and the U.S.
Cappelletti, Mauro & Cohen, William. Comparative Constitutional Law: Cases and Materials (Indianapolis: Bobbs-Merrill, 1979)(includes sections on criminal procedure).
Cole, George F., Frankowski, Stanislaw J., & Gertz, Marc G. eds. Major Criminal Justice Systems: A Comparative Survey (2d ed., Newbury Park, CA: Sage Publications, 1987).
Covers criminal procedure law in England, the Federal Republic of Germany, Japan, Nigeria, the Union of Soviet Socialist Republics (USSR), Sweden, and the United States. Includes an extensive bibliography of books and articles in English at pages 262-285.
Coutts, John Archibald ed., The Accused: A Comparative Study (London : Published under the auspices of the British Institute of International and Comparative Law and the United Kingdom National Committee of Comparative Law [by] Stevens, 1966).
Covers pre-trial procedure in England, Scotland; criminal defendant in the U.S.; administration of criminal justice in Northern Ireland; the preliminary hearing in Ireland; and criminal procedure in New Zealand, Malaysia, former British Commonwealth dependencies, Israel, South Africa, France, former French territories in Africa, Germany, Poland, the U.S.S.R., defense rights in ex-Belgian Congo,
Crime and Criminal Justice in Europe (Strasbourg: Council of Europe, 2000).
Includes chapters on restorative justice, crime prevention, emerging issues, new criminal legislation, policing, the prosecution process and the changing role of the prosecutor, sentencing, community sanctions, prisons.
Dammer, Harry R. & Fairchild, Erika. Comparative Criminal Justice Systems (3d ed., Belmont, CA: Wadsworth/Thomson Learning, 2006).
Covers the reasons to compare criminal justice systems, cross-national comparisons of crime data (including resources for doing so) such as crime surveys, comparative legal systems, and criminal law and criminal justice in England, France, Germany, China, Japan, and Saudi Arabia. Includes a section on law enforcement in these countries, criminal procedure, legal actors, courts, sentencing, prisons, terrorism, transnational organized crime, juvenile justice, and contemporary issues such as computer crime, human trafficking and migrant smuggling, terrorism.
Delmas-Marty, Mireille & Spencer, J.R. European Criminal Procedures (Cambridge; New York: Cambridge University Press, 2002).
Covers criminal procedure in Belgium, England, France, Germany, and Italy. Has a section on special issues such as The Public Prosecutor; The Balance of Power Between the Police and the Public Prosecutor; The Role of the Judge; Private Parties: The Rights of the Defendant and the Victim; Evidence; Negotiated Justice; and Justice and the Media. English version of Procédures pénales d'Europe (1995). Introduction includes an historical overview of the development of criminal procedure in Europe.
Dorsen, Norman, Rosenfeld, Michel, Sajó, András, & Baer, Susanne. "Criminal Procedure (Due Process)" Comparative Constitutionalism (St. Paul, MN: West Group, 2003).
Includes sections on criminal procedure at pages 1043-1154. Excerpts cases from Canada, the European Court of Human Rights (ECHR), France, India, Ireland, Israel, Japan, New Zealand, South Africa, the UK, and the U.S. Covers adversarial versus inquisitorial systems, fair trials, presumption of innocence, right to a trial before an impartial tribunal, pretrial due process, arrest, search and seizure, the exclusionary rule, pretrial detention, bail, prompt judicial review, preventive detention, right to counsel, right to silence, privilege against self-incrimination, right to effective assistance of counsel, right to prepare and conduct a defense, interrogation, torture, right to call and cross-examine witnesses, right to a speedy trial, right to appeal, prohibition against double jeopardy, prohibition against retroactivity of a criminal law.
Dupont, Lieven & Fijnaut, Cyrille eds. International Encyclopaedia of Laws: Criminal Law (Deventer; Boston: Kluwer Law and Taxation Publishers, c1993- ).
Updated 5-volume looseleaf service containing monographic treatments (so far) of criminal procedure law in Belgium, Bulgaria, Canada, Chile, China, Denmark, Hellas (Greece), Hong Kong, India, Kenya, Morocco, The Netherlands, Portugal, Singapore, South Africa, Turkey, Uganda, United Kingdom, Yugoslavia, Zimbabwe.
Eser, Albin & Rabenstein, Christiane eds. Criminal Justice Between Crime Control and Due Process: Convergence and Divergence in Criminal Procedure Systems = Strafjustiz im Spannungsfeld von Effizienz und Fairness: Konvergente und Divergente Entwicklungen im Strafprozessrecht (Berllin: Duncker & Humblot, 2004).
Includes English-language articles on general and specific aspects of criminal procedure in England and Wales, Denmark, Germany, Italy, Russia, Scotland.
Esmein, Adhémar. A History of Continental Criminal Procedure, with Special Reference to France (John Simpson trans.; Boston: Little, Brown, & Co., 1913).
Fennell, Phil. Criminal Justice in Europe: A Comparative Study (Oxford: New York: Clarendon Press; Oxford University Press, 1995)(covers convergence and Europeanization of criminal procedure law in the Netherlands and the UK).
Fields, Charles B. & Moore, Richter H., Jr., Comparative and International Criminal Justice: Traditional and Nontraditional Systems of Law and Control (2d ed., Long Grove, IL: Waveland Press, Inc., 2005).
Focuses on specialized topics in the area such as cross-national crime, international terrorism, organized crime, policing, corrections, juvenile justice, etc. Includes a section on "Law and Justice: Judicial Systems - Formal and Informal" which covers uniform sentencing in Denmark and Scotland, justice in the southern Philippines and post-British Nigeria, three Islamic legal systems (traditional Saudi Arabia, contemporary Bahrain, and evolving Pakistan), and a comparative perspective on the privilege against self-incrimination.
Gewirtz, Paul, Johnson, Karen, & Cogan, Jacob Katz eds. Global Constitutionalism: Criminal Procedure, Courts and Politics (New Haven, CT: Yale Law School, 2000).
Covers "the right to silence and the privilege against self-incrimination, the right to confront witnesses, and the relationship between the media and the courts in criminal cases" with illustrative cases from the Australia, Canada, England and Wales, the European Court of Human Rights (ECHR), Germany, Israel, Italy, the International Criminal Tribunal for Yugoslavia (ICTY), and the United States.
Hatchard, John, Huber, Barbara, & Vogler, Richard eds. Comparative Criminal Procedure (London: B.I.I.C.L., 1996)(Comparative Law Series).
Includes an overview chapter on comparative criminal procedure followed by separate chapters on criminal procedure in France, Germany, England and Wales, and a chapter on comparison between the three jurisdictions. Each country chapter covers Source of Criminal Procedure; General Principles Governing Criminal Procedure; Rights of the Accused; Phases of the Criminal Process (police investigation, judicial investigation, trial, appeals); Agencies Involved in the Criminal Justice System; Other Participants in the Criminal Process; Sources of Evidence; Finality; Special Forms of Procedure; Consensual Disposal; and Proposals for Reform.
Ingraham, Barton L. The Structure of Criminal Procedure: Laws and Practice of France, the Soviet Union, China, and the United States (New York: Greenwood Press, 1987).
Compares procedures for intake, screening, charging, adjudicating, sanctioning, and appeal. References relevant constitutional provisions, statutes, codes for each country on pretrial detention, searches and seizures, notice of charges and evidence against defendant, right of counsel, self-incrimination, non-public adjudication, double jeopardy, and right of appeal.
Koppen, Peter J. van & Penrod, Steven D. eds. Adversarial Versus Inquisitorial Justice: Psychological Perspectives on Criminal Justice Systems (New York: Kluwer Academic/Plenum Publishers, 2003).
Compares the two systems, American and European approaches to police investigation (including coverage of search and seizure and interrogation). Covers police interrogations in England and the Netherlands, the death penalty in the U.S., recovered memories in court, cross-examination of witnesses, children in court, expert evidence in the Netherlands and the U.S., and expert witnesses in Europe and the U.S.
Langbein, John H. Comparative Criminal Procedure: Germany (St. Paul, Minnesota: West Pub. Co., 1977)(American Casebook Series).
Lippman, Matthew, McConville, Sean, & Yerushalmi, Mordechai. Islamic Criminal Law and Procedure: An Introduction (New York: Praeger, 1988).
Mueller, Gerhard O.W. & Le Poole-Griffiths, Fré. Comparative Criminal Procedure (New York: New York University Press, 1969).
Includes chapters on general history of continental criminal procedure and overview of comparative criminal procedure ("Lessons of Comparative Criminal Procedure" covers arrest, probable cause, trial, victims), on judicial supervision of pre-trial procedure, preliminary investigation by magistrates, nonpunitive detention, judicial fitness, and jurisdiction over crimes committed abroad or with aircraft.
National Criminal Justice Profiles (print and online texts on the criminal justice systems of European countries published by HEUNI, the European Institute for Crime Prevention and Control affiliated with the United Nations).
Includes profiles for Albania, Bulgaria, Croatia, the Czech Republic, England and Wales, Finland, France, Greece, Ireland, Israel, Italy, Lithuania, Malta, the Netherlands, Romania, Scotland, Slovenia, Spain, Sweden.
Nelken, David. Contrasting Criminal Justice: Getting from Here to There (Aldershot: Ashgate, 2000).
Covers various aspects of criminal justice in England and Wales, France, Germany, Italy, Japan, the Netherlands, Spain, and the U.S.
Pakes, Francis J. Comparative Criminal Justice (Cullompton; Portland, OR: Willan, 2004).
Discusses the reasons to study criminal justice comparatively and methods of comparative research. Has chapters on comparative policing, prosecution and pre-trial justice, systems of trials, judges, juries, punishment, fairness and effectiveness, prisons, the death penalty, international and transnational criminal justice, terrorism, cybercrime, and the evolution of criminal justice systems.
Reichel, Philip L. Comparative Criminal Justice Systems: A Topical Approach (4th ed., Englewood Cliffs, NJ: Prentice Hall Career & Technology, 2005).
Covers policing, corrections, juvenile justice, and general criminal procedures in various countries such as Australia, China, France, Germany, Great Britain, Japan, Nigeria, Poland, Saudi Arabia, and the U.S. Includes a chapter on comparing crimes rates, with reference to sources of international crime statistics. Each chapter concludes with suggested readings, websites, and bibliographic references.
The Role of the Public Prosecution Office in a Democratic Society (Strasbourg: Council of Europe, 1997) (covers European countries).
Selected Bibliography: Victims in U.S. and German Criminal Law (Buffalo Criminal Law Center, 1998)
Slobogin, Christopher. Criminal Procedure: Regulation of Police Investigation, Legal, Historical, Empirical and Comparative Materials (3d ed., Newark, N.J.: LexisNexis, 2002).
Focuses on the criminal procedure in the United States, but covers practices in Australia, England, Germany, France, India, Italy, and Japan.
Tata, Cyrus & Hutton, Neil eds. Sentencing and Society: International Perspectives (Aldershot: Ashgate, 2002).
Covers Australia, Belgium, Canada, China, England, Finland, Italy, South Africa, the UK, and general sentencing policy.
Terrill, Richard J. World Criminal Justice Systems: A Survey (5th ed., Cincinnati, OH: Anderson Pub., 2003).
Covers government, police, the judiciary, criminal procedure law, corrections, juvenile justice in Canada, China, England, France, Japan, Russia, and Sweden. Includes an extensive bibliography at pages 645-677.
Thaman, Stephen C. Comparative Criminal Procedure: A Casebook Approach (Durham, N.C.: Carolina Academic Press, 2002)(Comparative Law Series).
Provides a brief history of European criminal procedure; includes chapters on the criminal investigation, search and seizure, the privilege against self-incrimination, admissibility of evidence at trial, procedural economy, and the trial. Focuses on Europe.
Tonry, Michael & Frase, Richard S. eds. Sentencing and Sanctions in Western Countries (Oxford [etc.] : Oxford University Press, 2001).
Covers sentencing in Australia, England, Germany, the Netherlands, and the United States.
Tonry, Michael, Hamilton, Kate, & Hatlestad, Kathleen eds. Sentencing Reform in Overcrowded Times: A Comparative Perspective (1997).
Covers sentencing in Australia, Canada, England and Wales, New Zealand, the U.S., and Western Europe.
The Training of Judges and Public Prosecutors in Europe (Strasbourg: Council of Europe, 1997).
Trechsel, Stefan. Human Rights in Criminal Proceedings (Oxford; New York: Oxford University Press, 2005).
Focuses on criminal procedure rights in European Union countries such as the right to a fair trial, the right to counsel, the privilege against self-incrimination, and the protection against double jeopardy.
Vogler, Richard. A World View of Criminal Justice (Aldershot: Ashgate, 2005).
Covers inquisitorial and adversarial systems in Europe, China, Latin America; also covers Islamic criminal justice and the European jury.
What Public Prosecution in Europe in the 21st Century (Strasbourg: Council of Europe, 2000).
Wyngaert, Christine Van Den ed. Criminal Procedure Systems in the European Community (London: Butterworths, 1993).
Includes multi-lingual subject index that cross-references to related English terms. Has separate chapters with similar outline of contents for Belgium, Denmark, England and Wales, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Scotland, and Spain. The chapters cover Sources; Structure of the Criminal Justice System; Parties to Criminal Proceedings; General Principles Concerning Criminal Procedure; Coercive Measures; The Ordinary Course of Criminal Proceedings; Evidence; Special Forms of Procedure; Remedies; Other Questions; and Select Bibliography.