Adversarial Versus Inquisitorial Systems of Trial and Investigation in Criminal Procedure

Gunn, John; Mevis, P.A.M.

doi:10.1007/978-3-319-74664-7_1

Cited by 10 publications

(10 citation statements)

References 4 publications

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“…Epidemiological and service-level differences exist concerning the number of forensic beds, average length of stay, the availability of dedicated long-stay services, the proportion of male and female patients and the stratification of hospitals into different security levels [1,3]. Differences are also observed regarding legal frameworks stipulating under what circumstances individuals are to be admitted into secure care and what this care may look like [2,4].…”

Section: Introductionmentioning

confidence: 99%

Forensic mental health in Europe: some key figures

Tomlin

Lega

Braun³

et al. 2020

Soc Psychiatry Psychiatr Epidemiol

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Purpose While the number of forensic beds and the duration of psychiatric forensic psychiatric treatment have increased in several European Union (EU) states, this is not observed in others. Patient demographics, average lengths of stay and legal frameworks also differ substantially. The lack of basic epidemiological information on forensic patients and of shared indicators on forensic care within Europe is an obstacle to comparative research. The reasons for such variation are not well understood. Methods Experts from seventeen EU states submitted data on forensic bed prevalence rates, gender distributions and average length of stay in forensic in-patient facilities. Average length of stay and bed prevalence rates were examined for associations with country-level variables including Gross Domestic Product (GDP), expenditure on healthcare, prison population, general psychiatric bed prevalence rates and democracy index scores. Results The data demonstrated substantial differences between states. Average length of stay was approximately ten times greater in the Netherlands than Slovenia. In England and Wales, 18% of patients were female compared to 5% in Slovenia. There was a 17-fold difference in forensic bed rates per 100,000 between the Netherlands and Spain. Exploratory analyses suggested average length of stay was associated with GDP, expenditure on healthcare and democracy index scores. Conclusion The data presented in this study represent the most recent overview of key epidemiological data in forensic services across seventeen EU states. However, systematically collected epidemiological data of good quality remain elusive in forensic psychiatry. States need to develop common definitions and recording practices and contribute to a publicly available database of such epidemiological indicators.

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Section: Introductionmentioning

confidence: 99%

Forensic mental health in Europe: some key figures

Tomlin

Lega

Braun³

et al. 2020

Soc Psychiatry Psychiatr Epidemiol

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“…These groups developed later into trial juries. Barristers (lawyers qualified to argue in court) started to defend suspects in court in the 1730s [5].…”

Section: Research Resultsmentioning

confidence: 99%

Forensic Mental Health in Europe: Shared Legal Heritage and Contemporary Landscape

Tomlin¹,

Völlm²

2021

Health Sciences

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This paper provides an overview of some of the key features of forensic mental health systems around Europe. Forensic mental health systems share in common the aim to assist in the rehabilitation of people diagnosed with a mental disorder and reduce reoffending or risk of harm. How these aims are pursued varies across the continent. We suggest that best practices can be learnt from observing different countries’ approaches. This paper has six foci: legal traditions in Europe, the concept of criminal responsibility, patient pathways through forensic systems, epidemiological studies of forensic patients, training programmes in forensic mental health, and recent developments in the field across Europe. Readers should reflect on these topics in the context of their own country and how these diverge/converge from the countries described in this paper.

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“…Defense and prosecution alike participate in the inquiry and agree on the validity of evidence to be submitted before the judge or jury for a decision (Moohr, 2004). The judge ought to counterbalance the powers between the prosecution and the defense (Gunn & Mevis, 2018). Since it is assumed to be impossible to have a verdict proving the "truth" (Newman, 2019), the adversarial system searches for "proofs" (Sanders & Young, 2012).…”

Section: Decision-making In An Inquisitorial Systemmentioning

confidence: 99%

“…Inversely, the inquisitorial system searches for the "truth" throughout a secretive investigation (Kant de Lima, 2010). The judge plays a preponderant role, deciding on what evidence will be presented at the trial (Sanders & Young, 2012), and directly examining defendants, witnesses, and experts (Gunn & Mevis, 2018). The trial is a test (conducted by the judge) of the precision of the prosecutors' requests, and it is the judges' responsibility to arrive at the "truth" and announce the "correct" result (Moohr, 2004).…”

Section: Decision-making In An Inquisitorial Systemmentioning

confidence: 99%

Decision-making in an inquisitorial system: Lessons from Brazil

2022

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This paper seeks to understand how decision‐making works at the first appearance hearings (Custody Hearings) in Brazil, an initiative that intends to make the Brazilian criminal justice system more accusatorial. We used primary data gathered in the hearings between April and December 2018 in nine Brazilian states. Binary logistic regression models were applied to identify the variables that affect the odds ratios of pretrial detention. Results indicated a high level of homology between the prosecutors' requests and the judges' decisions, even when controlling for the characteristics of offense and offender, which precludes any direct openness to the defense. Decision‐making in the Custody Hearing reinforces the inquisitorial characteristics and the institutional features of the Brazilian Criminal Justice System, suggesting that the reforms carried out over the last years were not able to change how actors operate on a daily basis.

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Adversarial Versus Inquisitorial Systems of Trial and Investigation in Criminal Procedure

Cited by 10 publications

References 4 publications

Forensic mental health in Europe: some key figures

Forensic mental health in Europe: some key figures

Forensic Mental Health in Europe: Shared Legal Heritage and Contemporary Landscape

Decision-making in an inquisitorial system: Lessons from Brazil

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