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

By Peter J. van Koppen, Steven D. Penrod

This is the 1st quantity that at once compares the practices of antagonistic and inquisitorial structures of legislation from a mental point of view. It goals at figuring out why American and eu continental platforms range lots, whereas either structures entertain a lot help of their groups. within the chapters it truly is tested how the various platforms selected varied suggestions for plenty of of an identical difficulties and the way the strategies are relating to the common features of the opposed and the inquisitorial structures of felony legislations. specific emphasis is put on difficulties addressed by means of mental researchers and practitioners within the structures. Chapters disguise themes together with: police investigative ideas, probability overview, the demise penalty, recovered stories, baby witnesses, line-up practices, specialist witnesses, trial approaches, and lay as opposed to pass judgement on choice making. The publication is written for complex audiences in psychology and law.

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Extra info for Adversarial versus Inquisitorial Justice: Psychological Perspectives on Criminal Justice Systems

Sample text

To answer this question one could make a list of objectives that one wants a legal procedure to serve, and next do a series of experiments to decide empirically which objectives are best served by which system. As a matter of fact, at one time this was done by John Thibaut, Laurens Walker and their co-workers (Thibaut & Walker, 1975). In a series of experiments they compared different procedures for settling legal disputes, ranging from inquisitorial to adversarial, and on the basis of these results they claimed that the ad versarial procedure is superior to the inquisitorial when it comes to establish the facts of a case, and to combating external and internal bias .

One strain of evidence consists of pre/post studies examining the effect of Mapp v. Ohio (1961)-the Supreme Court decision which applied the exclusionary rule to the 50 states-on various aspects of police conduct such as warrant applications and arrest statistics. Another group of studies consists of surveys of and interviews with the police and other actors in the legal system about the conduct of searches and their attitudes toward the exclusionary rule. A third type of study tests police knowledge of Fourth Amendment rules, on the theory that a sanction which deters should create an incentive to know the relevant law.

42). 6% for all searches reported by Nardulli (1983, p. 597, Table 7). Furthermore, even if police are found in violation of the Fourth Amendment at a somewhat higher rate when they conduct warrantless searches, that differential could be due to a number of third variables, including a rev iewing court's reluctance to second guess a fellow judicial officer's warrant decision. Further, there is the possibility that a warrant requirement significantly detracts from effective law enforcement. , 1985, pp.

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