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- Comparative Observations on the Burden of Proof for Criminal Defences by Ho, Hock Lai
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- From Liberal Extremity to Safe Mainstream? The Comparative Controversies of Witness Preparation in the United States by Vasiliev, Sergey V.
- The Fourth Amendment's Exclusionary Rule: Blurring the Line Between Rule and Exception by Heffernan, Liz
Profiling and Case Analysis in German Criminal Procedure: A Comment on Bundesgerichtshof 3 StR 77/06
1Senior Researcher at the Lichtenberg Professorship of International and Comparative Criminal Law, Humboldt-Universität zu Berlin (Germany)
Citation Information: International Commentary on Evidence. Volume 6, Issue 1, Pages –, ISSN (Online) 1554-4567, DOI: 10.2202/1554-4567.1070, August 2008
- Published Online:
While profiling and case analysis are familiar in criminal investigations (especially) in the USA, they are a rather new phenomenon in German criminal procedure. When the result of a case analysis is to be introduced into the criminal trial, however, its very nature as investigative tool may come into conflict with evidentiary standards. This becomes clear in cases where its introduction would infringe upon the court's domain of assessing the specific conduct of an alleged crime. In these problematic constellations, principles of the German law of evidence and the interplay of single means of evidence can be observed. Such a case is presented in the following paper. It deals with the current role of case analysis in German criminal procedure, briefly outlines the foundations of German law of criminal evidence, and tries, by inspecting a judgement of the German Federal Court (Bundesgerichtshof), to determine the present and future relevance of case analysis in German evidence law.