techniques...suggests that they increase the likelihood of false confessions...Alternative methods of interviewing, for example information-gathering approaches popular in countries such as the UK, Norway, Australia, and New Zealand, have proven effective at gaining truthful and complete accounts from suspects (and witnesses) when compared to standard US interview protocols....[R]esearch in our laboratory suggests that information-gathering approaches may be effective principally because they highlight internal psychological mechanisms that promote true confessions while simultaneously reducing external social pressures associated with false confessions.").
system of criminal justice is not engaged until a person is
not because such confessions are unlikely to be true but because the methods used to extract them offend an underlying principle in the enforcement of our criminal law: that ours is an accusatorial
and not an inquisitorial system....
In the latter instance, it is often used interchangeably with an old expression of continental European origin, accusatorial
procedure.' And is juxtaposed to the inquisitorial' or non-adversary' process.
A prevalent (though certainly not exclusive) explanation from observers of doctrine in this area has been to use the Court's phrase "our preference for an accusatorial
rather than an inquisitorial system of criminal justice." (86) Roughly speaking, that preference is understood to root constitutional criminal procedure protections exclusively in the institution of the adversary trial, and more broadly to reject Founding-era features of Continental European criminal process in favor of the common law trial procedures associated primarily with England.
Zappala, Human Rights in International Criminal Proceedings (Oxford: Oxford University Press, 2003) 16 (regarding truth, pointing to 'two opposing epistemological beliefs: while for the inquisitorial paradigm there is an objective truth that the "inquisitor" must ascertain, for the accusatorial
approach the truth is the natural and logical result of a pre-determined process.').
(100) In El Salvador--where institutional reforms have perhaps been the most extensive-- USAID has supported the establishment of informal justice centers that provide community- level mediation and dispute resolution, and the transformation of the judicial process from a written, inquisitorial system to an oral, accusatorial
system, among other efforts.
At one point, the Canadian pop star even called his lady love a 'talentless p***y' after receiving a series of accusatorial
messages from the former Disney star.
I do think in this sexenio [six-year term], if this government pushes very hard to clean up the cops, make this transition in the justice system from a written system to an accusatorial
system, if they really make that push and invest their political capital, I think they can come out of this better.
(282) "If the Fifth Amendment is to stand for our constitutional preference for an accusatorial
system," the court argued, "it must protect the divulgence of the contents of one's mind, one's thought processes, when those testimonial divulgences--be they oral or written communications-would self-incriminate." (283)
[its] preference for an accusatorial
, rather than an inquisitorial, system of criminal justice; [and its] fear that self-incriminating statements will be elicited by inhumane treatment and abuses." (79)
Pointing at me, he said in an accusatorial