Problems of Forensic Sciences 2006 Vol. 65 (LXV) 13-23
PSYCHOLOGICAL EXPERT OPINIONS ON STATEMENTS AND THE RIGHTS OF SUSPECTS AND DEFENDANTS
Teresa JAŚKIEWICZ-OBYDZIŃSKA, Ewa WACH
Institute of Forensic Research, Krakow, Poland
Streszczenie
Statements of suspects and defendants given during preparatory proceedings or during a trial are of great importance both for appropriate conducting of a case, and for the final verdict. In the case of a partial or complete change of statements or obstinate maintaining of statements that are inconsistent with other pieces of evidence collected during the case, judges increasingly frequently request expert opinions by psychologists in order to determine the factors and psychological mechanisms that are the basis for such statements. However, the expert may also be faced with the dilemma of whether an expert opinion issued in this area violates the defendant’s right to defend him/herself, or other rights, guaranteed by the law. The aim of this article is to present basic issues and problems connected with the drawing up of a psychological expert report concerning suspects’ and defendants’ statements in the context of their rights under the law.
Słowa kluczowe
Assessment of statements; Motivation for giving statements; Ethical problems of psychological examinations; Examination of suspects and defendants; Psychological expert opinion.