Crime, Procedure and Evidence in a Comparative and International Context

1 Introduction: DamaSka and Comparative Law
John Jackson and Máximo Langer
2 Mirjan DamaSka: A Bridge Between Legal Cultures
Harold Hongju Koh
I Diverging and Converging Procedural Landscapes, Changes in the Institutional and Political Environment and Legal Transplants
3 The Decay of the Inquisitorial Ideal: Plea Bargaining Invades German Criminal Procedure
Thomas Weigend
4 Sentencing in the US: An Inquisitorial Soul in an Adversarial Body?
William T Pizzi
5 Italian Criminal Procedure: A System Caught Between Two Traditions
Luca Marafioti
6 The Two Faces of Justice in the Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining and the Inquisitorial Legacy
Stephen C Thaman
7 Some Trends in Continental Criminal Procedure in Transition Countries of South-Eastern Europe
Davor Krapac
II Re-Exploring the Epistemological Environment
8 Dances of Criminal Justice: Thoughts on Systemic Differences and the Search for the Truth
Elisabetta Grande
9 Cognitive Strategies and Models of Fact-Finding
Craig R Callen
10 Are There Universal Principles or Forms of Evidential Inference? Of Inference Networks and Onto-Epistemology
Peter Tillers
III Human Rights Standards and Hybridisation in the Transnational and International Prosecution of Crime
11 Extraterritorial Jurisdiction: Applications to 'Terrorism'
M Cherif Bassiouni
12 Faces of Transnational Justice: Two Attempts to Build Common Standards Beyond National Boundaries
John Jackson
13 Reflections on the 'Hybridisation' of Criminal Procedure
Mireille Delmas-Marty
14 The Confrontation Right Across the Systemic Divide
Richard D Friedman
IV The Challenge for Comparative Scholarship
15 The Good Faith Acquisition of Stolen Art
John Henry Merryman
16 Faces of Justice Adrift? DamaSka's Comparative Method and the Future of Common Law Evidence
Paul Roberts
17 Utility and Truth in the Scholarship of Mirjan DamaSka
Ronald J Allen and Georgia N Alexakis
18 Sentencing and Comparative Law Theory
Richard S Frase
19 No Right Answer?
James Q Whitman
Postscript
20 Anglo-American and Continental Systems: Marsupials and Mammals of the Law
Richard O Lempert