PSYCHOLOGICAL EVIDENCE IN COURT - LEGAL DEVELOPMENTS IN ENGLAND AND THE UNITED-STATES

Citation
Am. Colman et Rd. Mackay, PSYCHOLOGICAL EVIDENCE IN COURT - LEGAL DEVELOPMENTS IN ENGLAND AND THE UNITED-STATES, Psychology, crime & law, 1(3), 1995, pp. 261-268
Citations number
17
Categorie Soggetti
Psychology,"Criminology & Penology",Law
Journal title
ISSN journal
1068316X
Volume
1
Issue
3
Year of publication
1995
Pages
261 - 268
Database
ISI
SICI code
1068-316X(1995)1:3<261:PEIC-L>2.0.ZU;2-8
Abstract
Psychological testimony in England, except when it has dealt with clin ical matters, has generally been ruled inadmissible on the grounds tha t it would usurp the function of the jury to decide matters of ''commo n knowledge and experience''. The so-called Turner rule governing admi ssibility of psychological evidence has been interpreted according to a dubious assumption about the transparency of human behaviour, hut th is restrictive interpretation was rejected in a recent Court of Appeal decision, which should result in a more receptive attitude to psychol ogical evidence. In the United States, the lye test has been used to e xclude psychological testimony unless it can be shown to have gained ' 'general acceptance'' in the field of psychology, but a recent United States Supreme Court decision has led to a more permissive approach to that jurisdiction also.