Download Adversarial versus Inquisitorial Justice: Psychological by Peter J. van Koppen, Steven D. Penrod PDF

By Peter J. van Koppen, Steven D. Penrod

This is the 1st quantity that at once compares the practices of opposed and inquisitorial platforms of legislation from a mental point of view. It goals at figuring out why American and ecu continental platforms vary a lot, whereas either structures entertain a lot help of their groups. within the chapters it truly is confirmed how different structures selected diverse strategies for lots of of an analogous difficulties and the way the suggestions are on the topic of the common features of the antagonistic and the inquisitorial platforms of felony legislation. specific emphasis is put on difficulties addressed via mental researchers and practitioners within the structures. Chapters disguise subject matters together with: police investigative options, chance review, the dying penalty, recovered stories, baby witnesses, line-up practices, specialist witnesses, trial techniques, and lay as opposed to pass judgement on choice making. The ebook is written for complex audiences in psychology and law.

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Tennessee, 1944), and a confession obtained from a suspect who was informed that welfare for her children would be cut off and her children taken away from her if she failed to "cooperate" (Lynumn v. Illinois, 1963). While originally the Court seemed concerned that such techniques would produce unreliable confessions, by 1961 it declared that such confessions were excluded "not because [they] are unlikely to be true but because the methods used to extract them offend an underlying principle in the enforcement of our criminal law; that ours is an accusatorial and not an AMERICAN AND EUROPEAN REGULATORY APPROACHES 41 inquisitorial system-a system in which the State must establish guilt by evidence independently and freely secured and may not by coercion prove its charge against an accused out of his own mouth" (Rogers v.

3---An Empirically Based Comparison of American and European Regulatory Approaches to Police Investigation CHRISTOPHER SLOBOGIN This chapter is a comparative and empirical look at two of the most significant methods of police investigation-searches for and seizures of tangible evidence and interrogation of suspects. It first compares American doctrine regulating these investigative tools with the analogous rules predominant in Europe. It then discusses research on the way the American system works that sheds light on the relative advantages and disadvantages of the two regulatory regimes.

Cupp, 1969), and after they deceived the defendant's attorney about when interrogation would take place (Moran v. Burbine, 1986). Finally, a confession obtained by an undercover agent, even one posing as a cellmate, does not violate Miranda (Illinois v. Perkins, 1990). In all of these cases, the Supreme Court reasoned that the police action was insufficiently coercive to violate the Fifth Amendment prohibition against compelled testimony. Finally, as with the Fourth Amendment exclusionary rule, the Court has narrowed the scope of exclusion after a Miranda violation.

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