Adversarial versus Inquisitorial Justice: Psychological Perspectives on Criminal Justice Systems

Overview

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. The book is written for advanced audiences in psychology and law.

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Overview

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. The book is written for advanced audiences in psychology and law.

Read More Show Less

Product Details

  • ISBN-13: 9781461348320
  • Publisher: Springer-Verlag New York, LLC
  • Publication date: 12/31/2012
  • Series: Perspectives in Law and Psychology Series , #17
  • Edition description: Softcover reprint of the original 1st ed. 2003
  • Edition number: 1
  • Pages: 447
  • Sales rank: 1,374,145
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.92 (d)

Table of Contents

Ch. 1 Adversarial or Inquisitorial: Comparing Systems 1
Ch. 2 Adversarial or Inquisitorial: Do We Have a Choice? 21
Ch. 3 An Empirically Based Comparison of American and European Regulatory Approaches to Police Investigation 27
Ch. 4 "We Will Protect Your Wife and Child, but Only If You Confess": Police Interrogations in England and the Netherlands 55
Ch. 5 Violence Risk Assessment in American Law 81
Ch. 6 The Dual Nature of Forensic Psychiatric Practice: Risk Assessment and Management under the Dutch TBS-Order 91
Ch. 7 The Death Penalty and Adversarial Justice in the United States 107
Ch. 8 Taking Recovered Memories to Court 119
Ch. 9 Adversarial Influences on the Interrogation of Trial Witnesses 131
Ch. 10 Children in Court 167
Ch. 11 Identification Evidence in Germany and the United States: Common Sense Assumptions, Empirical Evidence, Guidelines, and Judicial Practices 191
Ch. 12 Expert Evidence: The State of the Law in the Netherlands and the United States 209
Ch. 13 Expert Witnesses in Europe and the United States 235
Ch. 14 The Role of the Forensic Expert in an Inquisitorial System 245
Ch. 15 Psychological Expert Witnesses in Germany and the Netherlands 255
Ch. 16 Preventing Bad Psychological Scientific Evidence in the Netherlands and the United States 283
Ch. 17 Styles of Trial Procedure at the International Criminal Tribunal for the Former Yugoslavia 309
Ch. 18 Convergence and Complementarity between Professional Judges and Lay Adjudicators 321
Ch. 19 The Principle of Open Justice in the Netherlands 333
Ch. 20 The John Wayne and Judge Dee Versions of Justice 347
References 369
About the Editors 407
About the Contributors 409
Table of Cases 415
Author Index 419
Subject Index 427
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