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Adversarial versus inquisitorial justice : psychological perspectives on criminal justice systems / edited by Peter J. van Koppen and Steven D. Penrod.
- Format:
- Book
- Series:
- Perspectives in law & psychology ; v. 17.
- Perspectives in law & psychology ; v. 17
- Language:
- English
- Subjects (All):
- Criminal justice, Administration of--Psychological aspects.
- Criminal justice, Administration of.
- Criminal investigation--Psychological aspects.
- Criminal investigation.
- Judicial process--Psychological aspects.
- Judicial process.
- Physical Description:
- x, 437 pages ; 24 cm.
- Place of Publication:
- New York : Kluwer Academic/Plenum Publishers, [2003]
- Summary:
- This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. In the chapters it is demonstrated how the different systems chose different solutions for many of the same problems and how the solutions are related to the typical characteristics of the adversarial and the inquisitorial systems of criminal law. Particular emphasis is placed on problems addressed by psychological researchers and practitioners in the two systems. Chapters cover topics including: police investigative techniques, risk assessment, the death penalty, recovered memories, child witnesses, line-up practices, expert witnesses, trial procedures, and lay versus judge decision making. The book is written for advanced audiences in psychology and law.
- Contents:
- Chapter 1. Adversarial or Inquisitorial: Comparing Systems / Peter J. van Koppen, Steven D. Penrod 1
- Comparing Systems 2
- Dutch Inquisition and American Adversaries 5
- The Lives and Times of a Dutch and an American Suspect 6
- Which System Is Better? 15
- Chapter 2. Adversarial or Inquisitorial: Do We Have a Choice? / Hans F.M. Crombag 21
- Chapter 3. An Empirically Based Comparison of American and European Regulatory Approaches to Police Investigation / Christopher Slobogin 27
- Search and Seizure 28
- Interrogation 40
- Chapter 4. "We Will Protect Your Wife and Child, but Only If You Confess": Police Interrogations in England and the Netherlands / Aldert Vrij 55
- Attitude Change in the Interrogation Room 57
- Interviewing Suspects in England 59
- Reasons to Confess 59
- Quality of the Interview 63
- Search for the Truth 63
- Open-mindedness 64
- Fair Interviewing and the Use of Tactics 66
- The Presence of an Appropriate Adult 67
- The Presence of a Legal Adviser 69
- Interviewing Suspects in the Netherlands 70
- Chapter 5. Violence Risk Assessment in American Law / John Monahan 81
- State of the Science 82
- State of the Law 85
- Chapter 6. The Dual Nature of Forensic Psychiatric Practice: Risk Assessment and Management under the Dutch TBS-Order / Corine De Ruiter, Martin Hildebrand 91
- Juridical Framework 92
- Competence to Stand Trial 95
- The Diminished Responsibility Doctrine 96
- Psychiatric Disorders in TBS Patients 98
- Treatment under the TBS Order 99
- Violence Risk Assessment and Management under the TBS Order 103
- Strengths and Weaknesses 105
- Chapter 7. The Death Penalty and Adversarial Justice in the United States / Samuel R. Gross 107
- Inadequate Resources for Legal Representation 108
- Arbitariness and Discrimination 110
- Errors 113
- Chapter 8. Taking Recovered Memories to Court / Harald Merckelbach 119
- A Prototypical Case 120
- What Does It Mean When You Say That Recovered Memories Are Essentially Accurate? 121
- Professional Attitudes 125
- Mounting the Witness Stand 126
- Clinical versus Judicial Decision-Making 127
- Chapter 9. Adversarial Influences on the Interrogation of Trial Witnesses / Roger C. Park 131
- Precepts of Contemporary Cross-Examination 132
- Exceptions to the Low-Risk Precepts 142
- Comparison of Adversarial and Inquisitorial Incentives 143
- When Can Adversarial Cross-Examination Elicit New Facts? 145
- Prophylactic Effect of Cross-Examination in Deterring Deception 160
- Caveat: Other Benefits of Cross-Examination 163
- The Costs and Harms of Cross-Examination 163
- Caveat: Trial Cross-Examination in the Context of Associated Procedures 165
- Closing Comment 166
- Chapter 10. Children in Court / Ingrid M. Cordon, Gail S. Goodman, Stacey J. Anderson 167
- Background on Assumptions of the Adversarial System 168
- Children's Knowledge of the Court 169
- Children's Understanding of Legal Terminology 170
- Competence Examinations 173
- Direct-Examination and Cross-Examination 175
- Children's Ability to Cope Emotionally 177
- Emotional Effects of Children's Courtroom Experiences 179
- Alternative Methods for Obtaining and Admitting Children's Evidence 180
- Chapter 11. Identification Evidence in Germany and the United States: Common Sense Assumptions, Empirical Evidence, Guidelines, and Judicial Practices / Siegfried L. Sporer, Brian L. Cutler 191
- Identification Evidence in the German Legal Literature: From Past to the Present 192
- Procedural Rules and Recommendations for Lineups in Germany 194
- German Supreme Court Decisions 197
- Identification Procedures in the United States 201
- Chapter 12. Expert Evidence: The State of the Law in the Netherlands and the United States / Petra T.C. van Kampen 209
- Securing Expert Assistance 211
- The Rules of Discovery 216
- Admissibility and Decision Rules on Expert Evidence 220
- The Right to Confrontation 226
- The Right to Compulsory Process 231
- Expert Evidence in the Netherlands and the United States: Different Shades of Gray 233
- Chapter 13. Expert Witnesses in Europe and the United States / Michael J. Saks 235
- Preliminary Considerations 235
- The Adversarial System: In Theory and In Practice 236
- The Civil Law System: In Theory and In Practice 240
- Chapter 14. The Role of the Forensic Expert in an Inquisitorial System / Ton Broeders 245
- Written Reports 246
- Evaluation of Forensic Evidence 247
- Quality Assurance 248
- Limitations of Quality Assurance 248
- Independent Experts, Partisan Experts, and Hired Guns 250
- Recent Developments: DNA, the European Court of Human Rights 252
- Chapter 15. Psychological Expert Witnesses in Germany and the Netherlands / Claudia Knornschild, Peter J. van Koppen 255
- Diversity within Unity 255
- Forensic Psychological Assessment 257
- Restriction to Credibility Assessment 258
- Appointment of an Expert Witness 258
- Ordering a Credibility Assessment 260
- The Instructions to Psychological Experts 262
- Conducting a Credibility Assessment 262
- The Main Hearing 269
- The Quality of the Assessments 274
- Chapter 16. Preventing Bad Psychological Scientific Evidence in the Netherlands and the United States / Peter J. van Koppen, Michael J. Saks 283
- Two Prostitutes and Their Pimp 283
- Evidence for Courts and Juries 284
- The Standards for Expert Witnesses 286
- Psychologists versus Forensic Psychologists 287
- The Expertise of the Psychologist 290
- Methods for Evaluating Witness Statements 293
- Protecting Courts against CBCA 294
- Experts and Counter Experts 298
- Standards for Expert Psychologists 304
- Chapter 17. Styles of Trial Procedure at the International Criminal Tribunal for the Former Yugoslavia / Francis J. Pakes 309
- Characteristics of the ICTY 311
- The Performance of the Tribunal 312
- Chapter 18. Convergence and Complementarity between Professional Judges and Lay Adjudicators / Shari Seidman Diamond 321
- Through the Eyes of the Judge 322
- Agreement and Disagreement between LayPersons and Professional Judges 325
- Beyond Agreement: Other Jury Attributes 328
- Chapter 19. The Principle of Open Justice in the Netherlands / Ruth Hoekstra, Marijke Malsch 333
- Side-Effects of Open Justice 334
- Transparency of Criminal Process: The Right of Access to the Documents in a Case 335
- Public Hearing 338
- The Principle of Immediacy 339
- The News Media versus the Public Gallery 341
- Study on the Public Gallery 342
- Chapter 20. The John Wayne and Judge Dee Versions of Justice / Peter J. van Koppen, Steven D. Penrod 347
- Different Forms of Justice? 348
- The Compromising Society 349
- The Judge Dee Model of Justice 351
- The Contending Society 351
- The Criminal Justice Systems 354
- Pretrial 355
- At Trial 357.
- Notes:
- Includes bibliographical references and indexes.
- ISBN:
- 0306473623
- OCLC:
- 50684757
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