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Strategic disclosure of evidence : perspectives from psychology and law
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Sukumar, Divya, Wade, Kimberley A. and Hodgson, Jacqueline (2016) Strategic disclosure of evidence : perspectives from psychology and law. Psychology, Public Policy, and Law, 22 (3). pp. 306-313. doi:10.1037/law0000092
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Official URL: http://psycnet.apa.org/index.cfm?fa=buy.optionToBu...
Abstract
The police frequently present their evidence to suspects in investigative interviews. Accordingly, psychologists have developed strategic ways in which the police may present evidence to catch suspects lying or to elicit more information from suspects. While research in psychology continues to illustrate the effectiveness of strategic evidence disclosure tactics in lie detection, lawyers and legal research challenge these very tactics as undermining fair trial defense rights. Legal research is alive to the problems associated with strategically disclosing evidence to a suspect, such as preventing lawyers from advising the suspect effectively, increasing custodial pressure for the suspect, and worsening working relations between lawyers and police. This paper brings together the opposing research and arguments from the two disciplines of psychology and law, and suggests a new way forward for future research and policy on how the police should disclose evidence.
| Item Type: | Journal Article | ||||||
|---|---|---|---|---|---|---|---|
| Subjects: | H Social Sciences > HV Social pathology. Social and public welfare K Law [Moys] > KM Common Law, Public Law |
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| Divisions: | Faculty of Social Sciences > School of Law Faculty of Science, Engineering and Medicine > Science > Psychology |
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| Library of Congress Subject Headings (LCSH): | Police questioning -- Technique -- Psychological aspects, Interviewing in law enforcement, Attorney and client, Evidence (Law), Lawyers | ||||||
| Journal or Publication Title: | Psychology, Public Policy, and Law | ||||||
| Publisher: | American Psychological Association | ||||||
| ISSN: | 1076-8971 | ||||||
| Official Date: | 1 August 2016 | ||||||
| Dates: |
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| Volume: | 22 | ||||||
| Number: | 3 | ||||||
| Page Range: | pp. 306-313 | ||||||
| DOI: | 10.1037/law0000092 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||
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