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 legislations from a mental viewpoint. It goals at figuring out why American and ecu continental structures fluctuate rather a lot, whereas either structures entertain a lot help of their groups. within the chapters it's proven how the several platforms selected varied suggestions for lots of of a similar difficulties and the way the options are regarding the common features of the antagonistic and the inquisitorial platforms of felony legislations. specific emphasis is put on difficulties addressed by means of mental researchers and practitioners within the structures. Chapters disguise issues together with: police investigative ideas, probability overview, the dying penalty, recovered stories, baby witnesses, line-up practices, specialist witnesses, trial approaches, and lay as opposed to pass judgement on selection 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
United States, 1959). Furthermore, "subject only to a few specifically established and well-delineated exceptions," all searches must be authorized by a judicially-issued warrant that meets the probable cause and particularity criteria (Katz v. United States, 1967, p. 357). " The police only need reasonable suspicion-a level of certainty well below probable cause-to conduct a stop (as opposed to an arrest) or a frisk (a patdown for weapons), and of course no warrant is required in this situation (Terry 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). Furthermore, a defendant does not have "standing" to exclude illegally seized evidence if the search did not violate his own privacy but rather merely intruded only upon a third party's (Rakas v. Illinois, 1978).
In France and Germany counsel is not entitled to be present during questioning. And in France and England, questioning may continue after a request for counsel, again something that American law prohibits unless the defendant reinitiates, on the theory that invocation of the right to counsel indicates that the defendant has decided he cannot face the police alone. Finally, incriminating statements obtained during interrogation are excluded much more frequently in the United States, 46 CHRISTOPHER SLOBOGIN where good faith failure to give the warnings is not excusable, and fruits of coerced interrogations are clearly excluded (see generally, Whitebread & Slobogin, 2000, Chapter 16).
Adversarial versus Inquisitorial Justice: Psychological Perspectives on Criminal Justice Systems by Peter J. van Koppen, Steven D. Penrod