University of East London I Juries and decision making Dr Emma Davies
Introduction to Forensic and Criminal Psychology INTRODUCTION TO FORENSIC AND CRIMINAL PSYCHOLOGY SIXTH EDITION Chapter 24: Juries and decision making Articles on Moodle ? Pearson DENNIS HOWITT UEL University of East London
ADVERSARIAL COURT SYSTEM · Characteristic of Anglo-American system · Can be referred to as the accusatorial system. · The judge and jury are not involved in the legal process prior to the trial · The rights of the individual are at a premium when seeking the truth · Parties (including the State) are pitted against each other in the search for truth · The judge does not actively steer the questioning etc. in general · The criminal defendant is not required to testify INQUISITORIAL COURT SYSTEM · Characteristic of Continental European system · Where legal experts and lay people jointly make decisions this can be referred to as the escabinato system . The judge etc. can be involved from the early stages of the police investigation · The primary objective is achieving the truth with the rights of the individual secondary · Those knowledgeable about the events etc. provide information to the court · The judge steers the legal process including the questioning of witnesses etc. · The criminal defendant is the first to testify and knows the State's case against them Adversarial versus inquisitorial trial systems University of East London UEL