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9780306473623

Adversarial Versus Inquisitorial Justice

by ;
  • ISBN13:

    9780306473623

  • ISBN10:

    0306473623

  • Format: Hardcover
  • Copyright: 2003-02-01
  • Publisher: Plenum Pub Corp
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Supplemental Materials

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Summary

This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. In the chapters it is demonstrated how the different systems chose different solutions for many of the same problems and how the solutions are related to the typical characteristics of the adversarial and the inquisitorial systems of criminal law. Particular emphasis is placed on problems addressed by psychological researchers and practitioners in the two systems. Chapters cover topics including: police investigative techniques, risk assessment, the death penalty, recovered memories, child witnesses, line-up practices, expert witnesses, trial procedures, and lay versus judge decision making. The book is written for advanced audiences in psychology and law.

Table of Contents

Adversarial or Inquisitorial: Comparing Systems
1(20)
Peter J. van Koppen
Steven D. Penrod
Comparing Systems
2(3)
Dutch Inquisition and American Adversaries
5(1)
The Lives and Times of a Dutch and an American Suspect
6(9)
Which System Is Better?
15(2)
Subjects Not Covered
17(1)
This Volume
17(4)
Adversarial or Inquisitorial: Do We Have a Choice?
21(6)
Hans F.M. Crombag
An Empirically Based Comparison of American and European Regulatory Approaches to Police Investigation
27(28)
Christopher Slobogin
Search and Seizure
28(12)
Interrogation
40(12)
Conclusion
52(3)
``We Will Protect Your Wife and Child, but Only If You Confess'': Police Interrogations in England and the Netherlands
55(26)
Aldert Vrij
Attitude Change in the Interrogation Room
57(2)
Interviewing Suspects in England
59(1)
Reasons to Confess
59(4)
Quality of the Interview
63(1)
Search for the Truth
63(1)
Open-mindedness
64(2)
Fair Interviewing and the Use of Tactics
66(1)
The Presence of an Appropriate Adult
67(2)
The Presence of a Legal Adviser
69(1)
Summary
70(1)
Interviewing Suspects in the Netherlands
70(9)
Conclusion
79(2)
Violence Risk Assessment in American Law
81(10)
John Monahan
State of the Science
82(3)
State of the Law
85(3)
Conclusion
88(3)
The Dual Nature of Forensic Psychiatric Practice: Risk Assessment and Management under the Dutch TBS-Order
91(16)
Corine De Ruiter
Martin Hildebrand
Juridical Framework
92(3)
Competence to Stand Trial
95(1)
The Diminished Responsibility Doctrine
96(2)
Psychiatric Disorders in TBS Patients
98(1)
Treatment under the TBS Order
99(4)
Violence Risk Assessment and Management under the TBS Order
103(2)
Strengths and Weaknesses
105(2)
The Death Penalty and Adversarial Justice in the United States
107(12)
Samuel R. Gross
Inadequate Resources for Legal Representation
108(2)
Arbitariness and Discrimination
110(3)
Errors
113(3)
Conclusion
116(3)
Taking Recovered Memories to Court
119(12)
Harald Merckelbach
A Prototypical Case
120(1)
What Does It Mean When You Say That Recovered Memories Are Essentially Accurate?
121(2)
Some More Statistics
123(2)
Professional Attitudes
125(1)
Mounting the Witness Stand
126(1)
Clinical versus Judicial Decision-Making
127(2)
Conclusion
129(2)
Adversarial Influences on the Interrogation of Trial Witnesses
131(36)
Roger C. Park
Precepts of Contemporary Cross-Examination
132(10)
Exceptions to the Low-Risk Precepts
142(1)
Comparison of Adversarial and Inquisitorial Incentives
143(2)
When Can Adversarial Cross-Examination Elicit New Facts?
145(15)
Prophylactic Effect of Cross-Examination in Deterring Deception
160(3)
Caveat: Other Benefits of Cross-Examination
163(1)
The Costs and Harms of Cross-Examination
163(2)
Caveat: Trial Cross-Examination in the Context of Associated Procedures
165(1)
Closing Comment
166(1)
Children in Court
167(24)
Ingrid M. Cordon
Gail S. Goodman
Stacey J. Anderson
Background on Assumptions of the Adversarial System
168(1)
Children's Knowledge of the Court
169(1)
Children's Understanding of Legal Terminology
170(3)
Competence Examinations
173(2)
Direct-Examination and Cross-Examination
175(2)
Children's Ability to Cope Emotionally
177(2)
Emotional Effects of Children's Courtroom Experiences
179(1)
Alternative Methods for Obtaining and Admitting Children's Evidence
180(9)
Conclusions
189(2)
Identification Evidence in Germany and the United States: Common Sense Assumptions, Empirical Evidence, Guidelines, and Judicial Practices
191(18)
Siegfried L. Sporer
Brian L. Cutler
Identification Evidence in the German Legal Literature: From Past to the Present
192(2)
Procedural Rules and Recommendations for Lineups in Germany
194(3)
German Supreme Court Decisions
197(4)
Identification Procedures in the United States
201(6)
Conclusions
207(2)
Expert Evidence: The State of the Law in the Netherlands and the United States
209(26)
Petra T.C. van Kampen
Securing Expert Assistance
211(5)
The Rules of Discovery
216(4)
Admissibility and Decision Rules on Expert Evidence
220(6)
The Right to Confrontation
226(5)
The Right to Compulsory Process
231(2)
Expert Evidence in the Netherlands and the United States: Different Shades of Gray
233(2)
Expert Witnesses in Europe and the United States
235(10)
Michael J. Saks
Preliminary Considerations
235(1)
The Adversarial System: In Theory and In Practice
236(4)
The Civil Law System: In Theory and In Practice
240(3)
Conclusion
243(2)
The Role of the Forensic Expert in an Inquisitorial System
245(10)
Ton Broeders
Written Reports
246(1)
Evaluation of Forensic Evidence
247(1)
Quality Assurance
248(1)
Limitations of Quality Assurance
248(2)
Independent Experts, Partisan Experts, and Hired Guns
250(2)
Recent Developments: DNA, the European Court of Human Rights
252(1)
Conclusion
253(2)
Psychological Expert Witnesses in Germany and the Netherlands
255(28)
Claudia Knornschild
Peter J. van Koppen
Diversity within Unity
255(1)
Method
256(1)
Forensic Psychological Assessment
257(1)
Restriction to Credibility Assessment
258(1)
Appointment of an Expert Witness
258(2)
Ordering a Credibility Assessment
260(2)
The Instructions to Psychological Experts
262(1)
Conducting a Credibility Assessment
262(7)
The Main Hearing
269(5)
The Quality of the Assessments
274(7)
Conclusions
281(2)
Preventing Bad Psychological Scientific Evidence in the Netherlands and the United States
283(26)
Peter J. van Koppen
Michael J. Saks
Two Prostitutes and Their Pimp
283(1)
Evidence for Courts and Juries
284(2)
The Standards for Expert Witnesses
286(1)
Psychologists versus Forensic Psychologists
287(3)
The Expertise of the Psychologist
290(3)
Methods for Evaluating Witness Statements
293(1)
Protecting Courts against CBCA
294(4)
Experts and Counter Experts
298(6)
Standards for Expert Psychologists
304(5)
Styles of Trial Procedure at the International Criminal Tribunal for the Former Yugoslavia
309(12)
Francis J. Pakes
Characteristics of the ICTY
311(1)
The Performance of the Tribunal
312(1)
The Present Study
313(5)
Concluding Remarks
318(3)
Convergence and Complementarity between Professional Judges and Lay Adjudicators
321(12)
Shari Seidman Diamond
Through the Eyes of the Judge
322(3)
Agreement and Disagreement between LayPersons and Professional Judges
325(3)
Beyond Agreement: Other Jury Attributes
328(3)
Conclusion
331(2)
The Principle of Open Justice in the Netherlands
333(14)
Ruth Hoekstra
Marijke Malsch
Side-Effects of Open Justice
334(1)
Transparency of Criminal Process: The Right of Access to the Documents in a Case
335(3)
Public Hearing
338(1)
The Principle of Immediacy
339(2)
The News Media versus the Public Gallery
341(1)
Study on the Public Gallery
342(3)
Conclusions
345(2)
The John Wayne and Judge Dee Versions of Justice
347(22)
Peter J. van Koppen
Steven D. Penrod
Different Forms of Justice?
348(1)
The Compromising Society
349(2)
The Judge Dee Model of Justice
351(1)
The Contending Society
351(3)
The Criminal Justice Systems
354(1)
Pretrial
355(2)
At Trial
357(10)
Conclusions
367(2)
References 369(38)
About the Editors 407(2)
About the Contributors 409(6)
Table of Cases 415(4)
Author Index 419(8)
Subject Index 427

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