Strategic Disclosure of Evidence: Perspectives from Psychology and Law

Psychology, Public Policy, and Law, Volume 22, Issue 3, Aug. 2016

29 Pages Posted: 12 Jun 2017 Last revised: 14 Jun 2017

See all articles by Divya Sukumar

Divya Sukumar

University of Warwick

Jacqueline Hodgson

University of Warwick - School of Law

Kimberley Wade

University of Warwick

Date Written: May 17, 2016

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.

Keywords: Psychology, Interviewing, Police Disclosure, Evidence Disclosure, Disclosure

Suggested Citation

Sukumar, Divya and Hodgson, Jacqueline S. and Wade, Kimberley, Strategic Disclosure of Evidence: Perspectives from Psychology and Law (May 17, 2016). Psychology, Public Policy, and Law, Volume 22, Issue 3, Aug. 2016 , Available at SSRN: https://ssrn.com/abstract=2980314

Divya Sukumar

University of Warwick ( email )

Gibbet Hill Rd.
Coventry, West Midlands CV4 8UW
United Kingdom

Jacqueline S. Hodgson (Contact Author)

University of Warwick - School of Law ( email )

Gibbet Hill Road
Coventry CV4 7AL, CV4 7AL
United Kingdom
02476 524163 (Phone)
02476 524105 (Fax)

HOME PAGE: http://www2.warwick.ac.uk/fac/soc/law/staff/academic/hodgson

Kimberley Wade

University of Warwick ( email )

Gibbet Hill Rd.
Coventry, West Midlands CV4 8UW
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
91
Abstract Views
390
rank
338,167
PlumX Metrics