By Peter J. van Koppen, Steven D. Penrod
This is the 1st quantity that without delay compares the practices of antagonistic and inquisitorial platforms of legislation from a mental point of view. It goals at realizing why American and eu continental structures range rather a lot, whereas either platforms entertain a lot help of their groups. within the chapters it truly is established how the several structures selected diverse strategies for plenty of of an analogous difficulties and the way the suggestions are relating to the common features of the adverse and the inquisitorial platforms of felony legislation. specific emphasis is put on difficulties addressed by way of mental researchers and practitioners within the platforms. Chapters hide subject matters together with: police investigative concepts, hazard evaluate, the dying penalty, recovered thoughts, baby witnesses, line-up practices, professional witnesses, trial tactics, and lay as opposed to pass judgement on selection making. The publication is written for complicated audiences in psychology and law.
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Extra info for Adversarial versus Inquisitorial Justice: Psychological Perspectives on Criminal Justice Systems
Sample text
Second, although questioning must cease if the suspect asserts the right to counsel, if the defendant who has invoked reinitiates conversation-a concept the Court has defined broadly (Oregon v. Bradshaw, 1983)-the police may continue questioning (Edwards v. Arizona, 1981). Moreover, if the suspect merely asserts his right to remain silent (as opposed to the right to counsel), police probably do not need to wait for the defendant to reinitiate conversation, so long as there is a decent interval between interrogations and they rewarn him (Michigan v.
Bustamonte, 1973). If the search and seizure rules are violated, the typical remedy in the United States is exclusion of the evidence in the prosecution's casein-chief, with the result that the case against the defendant must often be dismissed (Mapp v. Ohio, 1961). However, illegally seized evidence need not be excluded if it was obtained in good faith reliance on a warrant, is used solely to impeach a defendant who has taken the stand, or would have been discovered through legal means in any event (Whitebread & Slobogin, 2000, Chapter 2).
25 means to implement state policy and the procedure best suited to this purpose is the inquisitorial inquest. The contrasting descriptions of these two systems are, of course, simplifications, if only because these models are really families of models, with lots of variations within each of these families. Still, if these vignettes do catch anything of the truth, they make clear that the question of the better model is unanswerable, because they do not serve the same (proximate) goals . They also make clear that the question of whether it would be wise to switch over from one system to the other is incredibly naive.
