دورية
Adversarial Criminal Investigation - Legal, Psychological, and Sociological Aspects
العنوان: | Adversarial Criminal Investigation - Legal, Psychological, and Sociological Aspects |
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المؤلفون: | Gore, Aaditya, Parasar, Anuradha |
المصدر: | ECS Transactions; April 2022, Vol. 107 Issue: 1 |
مستخلص: | Criminal investigation in India is premised on the adversarial system, which provides for investigative fact finding with complete police discretion in fact finding. Investigation to find out only inculpatory facts deviates from the requirement of fairness in executive procedure. The purpose of investigation is to find out the truth. Exculpatory facts are a part of that truth. Constraints placed upon the freedom of the arrestee during investigative incarceration curtail the ability to establish exculpatory facts. Fair investigative procedure ought to provide for statutory norms for bringing to the fore exculpatory facts. Incarceration-related duress leads at times to false confessions. This paper explores the legal, psychological, and sociological aspects of investigative incarceration, and the practical implications and limitations of processual justice in the adversarial investigative process with special reference to India. A survey of civilian experience of policing is made to understand the approach of the public towards policing as a service. |
قاعدة البيانات: | Supplemental Index |
تدمد: | 19385862 19386737 |
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DOI: | 10.1149/10701.0873ecst |