Applied Psychology

Get Adversarial versus Inquisitorial Justice: Psychological PDF

By Peter J. van Koppen, Steven D. Penrod

ISBN-10: 1441991964

ISBN-13: 9781441991966

ISBN-10: 1461348323

ISBN-13: 9781461348320

This is the 1st quantity that without delay compares the practices of opposed and inquisitorial platforms of legislations from a mental standpoint. It goals at knowing why American and ecu continental structures vary a lot, whereas either platforms entertain a lot aid of their groups. within the chapters it really is established how different structures selected diverse options for plenty of of an identical difficulties and the way the options are relating to the common features of the adverse and the inquisitorial platforms of legal legislation. specific emphasis is put on difficulties addressed by way of mental researchers and practitioners within the structures. Chapters conceal subject matters together with: police investigative strategies, danger review, the loss of life penalty, recovered thoughts, baby witnesses, line-up practices, specialist witnesses, trial methods, and lay as opposed to pass judgement on determination making. The ebook is written for complicated audiences in psychology and law.

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Additional resources for Adversarial versus Inquisitorial Justice: Psychological Perspectives on Criminal Justice Systems

Example text

But the only one that has stood the test of time is the belief that remedies other than exclusion have proven "worthless and futile" as means of ensuring that police obey the law (Mapp v. Ohio, 1961, p. 652). , Bond v. United States, 2000; Florida v. , 2000). Thus, an American lawyer might criticize European search and seizure law for its relatively nonchalant attitude toward warrants and the failure to use exclusion as a mechanism for deterring police abuse. Of course, this criticism assumes, along with the Supreme Court, that warrants and the exclusionary rule are crucial mechanisms for controlling the police.

Any effort of this sort is rife with pitfalls. A comparative analysis must not lose sight of the fact that a simple comparison of rules, without consideration of the cultural, systemic, and legal context, can be misleading . Similarly, social science research that reaches conclusions about how certain procedures work in the American context does not necessarily transfer to European settings. These caveats will be revisited throughout this chapter. They do not outweigh, however, the potential benefits that comparative empirical analysis brings in terms of improving our understanding of criminal justice and how best to regulate the police.

Does this form hide substance or is it merely a matter of appearances? To answer this question one could make a list of objectives that one wants a legal procedure to serve, and next do a series of experiments to decide empirically which objectives are best served by which system. As a matter of fact, at one time this was done by John Thibaut, Laurens Walker and their co-workers (Thibaut & Walker, 1975). In a series of experiments they compared different procedures for settling legal disputes, ranging from inquisitorial to adversarial, and on the basis of these results they claimed that the ad versarial procedure is superior to the inquisitorial when it comes to establish the facts of a case, and to combating external and internal bias .

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Adversarial versus Inquisitorial Justice: Psychological Perspectives on Criminal Justice Systems by Peter J. van Koppen, Steven D. Penrod

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