Adversarial versus inquisitorial justice : psychological perspectives on criminal justice systems /
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| Imprint: | New York : Kluwer Academic/Plenum Publishers, c2003. |
|---|---|
| Description: | x, 437 p. ; 24 cm. |
| Language: | English |
| Series: | Perspectives in law & psychology ; v. 17 |
| Subject: | |
| Format: | Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/5050708 |
Table of Contents:
- Chapter 1.. Adversarial or Inquisitorial: Comparing Systems
- Comparing Systems
- Dutch Inquisition and American Adversaries
- The Lives and Times of a Dutch and an American Suspect
- Which System Is Better?
- Subjects Not Covered
- This Volume
- Chapter 2.. Adversarial or Inquisitorial: Do We Have a Choice?
- Chapter 3.. An Empirically Based Comparison of American and European Regulatory Approaches to Police Investigation
- Search and Seizure
- Interrogation
- Conclusion
- Chapter 4.. "We Will Protect Your Wife and Child, but Only If You Confess": Police Interrogations in England and the Netherlands
- Attitude Change in the Interrogation Room
- Interviewing Suspects in England
- Reasons to Confess
- Quality of the Interview
- Search for the Truth
- Open-mindedness
- Fair Interviewing and the Use of Tactics
- The Presence of an Appropriate Adult
- The Presence of a Legal Adviser
- Summary
- Interviewing Suspects in the Netherlands
- Conclusion
- Chapter 5.. Violence Risk Assessment in American Law
- State of the Science
- State of the Law
- Conclusion
- Chapter 6.. The Dual Nature of Forensic Psychiatric Practice: Risk Assessment and Management under the Dutch TBS-Order
- Juridical Framework
- Competence to Stand Trial
- The Diminished Responsibility Doctrine
- Psychiatric Disorders in TBS Patients
- Treatment under the TBS Order
- Violence Risk Assessment and Management under the TBS Order
- Strengths and Weaknesses
- Chapter 7.. The Death Penalty and Adversarial Justice in the United States
- Inadequate Resources for Legal Representation
- Arbitariness and Discrimination
- Errors
- Conclusion
- Chapter 8.. Taking Recovered Memories to Court
- A Prototypical Case
- What Does It Mean When You Say That Recovered Memories Are Essentially Accurate?
- Some More Statistics
- Professional Attitudes
- Mounting the Witness Stand
- Clinical versus Judicial Decision-Making
- Conclusion
- Chapter 9.. Adversarial Influences on the Interrogation of Trial Witnesses
- Precepts of Contemporary Cross-Examination
- Exceptions to the Low-Risk Precepts
- Comparison of Adversarial and Inquisitorial Incentives
- When Can Adversarial Cross-Examination Elicit New Facts?
- Prophylactic Effect of Cross-Examination in Deterring Deception
- Caveat: Other Benefits of Cross-Examination
- The Costs and Harms of Cross-Examination
- Caveat: Trial Cross-Examination in the Context of Associated Procedures
- Closing Comment
- Chapter 10.. Children in Court
- Background on Assumptions of the Adversarial System
- Children's Knowledge of the Court
- Children's Understanding of Legal Terminology
- Competence Examinations
- Direct-Examination and Cross-Examination
- Children's Ability to Cope Emotionally
- Emotional Effects of Children's Courtroom Experiences
- Alternative Methods for Obtaining and Admitting Children's Evidence
- Conclusions
- Chapter 11.. Identification Evidence in Germany and the United States: Common Sense Assumptions, Empirical Evidence, Guidelines, and Judicial Practices
- Identification Evidence in the German Legal Literature: From Past to the Present
- Procedural Rules and Recommendations for Lineups in Germany
- German Supreme Court Decisions
- Identification Procedures in the United States
- Conclusions
- Chapter 12.. Expert Evidence: The State of the Law in the Netherlands and the United States
- Securing Expert Assistance
- The Rules of Discovery
- Admissibility and Decision Rules on Expert Evidence
- The Right to Confrontation
- The Right to Compulsory Process
- Expert Evidence in the Netherlands and the United States: Different Shades of Gray
- Chapter 13.. Expert Witnesses in Europe and the United States
- Preliminary Considerations
- The Adversarial System: In Theory and In Practice
- The Civil Law System: In Theory and In Practice
- Conclusion
- Chapter 14.. The Role of the Forensic Expert in an Inquisitorial System
- Written Reports
- Evaluation of Forensic Evidence
- Quality Assurance
- Limitations of Quality Assurance
- Independent Experts, Partisan Experts, and Hired Guns
- Recent Developments: DNA, the European Court of Human Rights
- Conclusion
- Chapter 15.. Psychological Expert Witnesses in Germany and the Netherlands
- Diversity within Unity
- Method
- Forensic Psychological Assessment
- Restriction to Credibility Assessment
- Appointment of an Expert Witness
- Ordering a Credibility Assessment
- The Instructions to Psychological Experts
- Conducting a Credibility Assessment
- The Main Hearing
- The Quality of the Assessments
- Conclusions
- Chapter 16.. Preventing Bad Psychological Scientific Evidence in the Netherlands and the United States
- Two Prostitutes and Their Pimp
- Evidence for Courts and Juries
- The Standards for Expert Witnesses
- Psychologists versus Forensic Psychologists
- The Expertise of the Psychologist
- Methods for Evaluating Witness Statements
- Protecting Courts against CBCA
- Experts and Counter Experts
- Standards for Expert Psychologists
- Chapter 17.. Styles of Trial Procedure at the International Criminal Tribunal for the Former Yugoslavia
- Characteristics of the ICTY
- The Performance of the Tribunal
- The Present Study
- Concluding Remarks
- Chapter 18.. Convergence and Complementarity between Professional Judges and Lay Adjudicators
- Through the Eyes of the Judge
- Agreement and Disagreement between LayPersons and Professional Judges
- Beyond Agreement: Other Jury Attributes
- Conclusion
- Chapter 19.. The Principle of Open Justice in the Netherlands
- Side-Effects of Open Justice
- Transparency of Criminal Process: The Right of Access to the Documents in a Case
- Public Hearing
- The Principle of Immediacy
- The News Media versus the Public Gallery
- Study on the Public Gallery
- Conclusions
- Chapter 20.. The John Wayne and Judge Dee Versions of Justice
- Different Forms of Justice?
- The Compromising Society
- The Judge Dee Model of Justice
- The Contending Society
- The Criminal Justice Systems
- Pretrial
- At Trial
- Conclusions
- References
- About the Editors
- About the Contributors
- Table of Cases
- Author Index
- Subject Index
