Criminal Justice in Europe: A Comparative Study

By Phil Fennell; Christopher Harding et al. | Go to book overview

11
Prosecutors, Examining Judges, and Control of Police Investigations

STEWART FIELD, PETER ALLDRIDGE, AND NICO JÖRG


RULES AND COURTS: CONTROLLING THE INTERROGATION PROCESS

At present, in both countries 'interrogation is the investigative strategy of the police?'.1 Accordingly, in our discussion of the role of rules and courts in the control of investigation we concentrate on the procedural framework for interrogation.


(i) The Netherlands

Suspects arrested and interrogated by the Dutch police have more limited rights than their English or Welsh counterparts. They have no right to have a lawyer present during police interrogation: a duty defence counsel will be informed that the suspect is held in police custody, but questioning may continue in his/her absence. The police can hold the suspect for six hours for interrogation; for seventy-two hours in the interest of the investigation without prosecutorial consent, and for another seventy-two hours with the consent of the Prosecutor. The only record of the interview(s) is a police statement usually signed by the defendant. Interviews are not tape-recorded nor taken down verbatim. Thus arrested Dutch suspects are faced with a police force with very broad discretionary control over the circumstances of custody and questioning. In some ways the picture resembles the situation in England and Wales before the Police and Criminal Evidence Act 1984 (PACE). Then, a number of observation studies of police interrogation concluded that a variety of inducements and threats were routinely offered to get confessions.2

Though no empirical studies appear to have been done in the Netherlands

____________________
We are very grateful to Joanne Mortimer for her assistance in the preparation of the final text of this essay.
1
M. McConville, A. Sanders and R. Leng, The Case for the Prosecution ( London; Routledge 1991), 57; J Naeyé, Heterdaad (doctoral thesis V.U.); Lochem; van den Brink 1989, 231.
2
B. Irving, Police Interrogation: The Psychological Approach, Royal Commission on Criminal Procedure Research Studies Nos. 1 & 2 ( London; HMSO, 1980).

-227-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Criminal Justice in Europe: A Comparative Study
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 406

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.