Psychology and justice in Taiwan: the emerging focus on miscarriages of justice
Journal
Research Handbook on Law and Psychology
Start Page
452
End Page
462
ISBN
9781800881921
9781800881914
9781800881921
Date Issued
2024-08-20
Author(s)
Su, Kai-Ping
Abstract
In Taiwan’s criminal trials, not only prosecutors bear the burden of proof as to the crime charged, but judges are also authorized to investigate evidence in court. This chapter discusses psychological and legal factors related to Taiwan’s “reformed adversary system” that might contribute to miscarriages of justice. Challenges and issues unique to the Taiwanese context are presented from an interdisciplinary perspective. Two prominent cases that resulted in retrials due to prosecutors’ efforts are described. We provide a literature review on factors associated with wrongful testimony, false confessions, suspect misidentifications, and flawed judicial decision-making. Importantly, we discuss these factors in the context of legal reform discussions in Taiwan as well as the newly implemented lay participation system. We also present research commissioned by the Judicial Yuan to inform judicial decision-making practice. Finally, the chapter highlights areas for future research that could contribute to the prevention of miscarriages of justice in Taiwan.
Subjects
Criminal investigation
Investigative interviewing
Lay participation
Miscarriages of justice
Sentencing
Wrongful convictions
SDGs
Publisher
Edward Elgar Publishing
Type
book part