Human rights and legal limits on the use of deception detection methods: A view from Germany

Establishing the truth is a key element of legal proceedings, criminal investigations in particular. It is an essential precondition for prosecuting and sentencing the guilty, but also for protecting the innocent. With regard to the latter, the obligation to reveal the truth is an emanation of procedural justice and a procedural safeguard for the accused. The revelation of the truth is not, however, an objective to be pursued ‘‘at any price.’’ Law enforcement authorities and courts have to respect the fundamental rights and the legal status of the defendant in criminal proceedings. Thus, from a legal perspective, methods and techniques of deception detection are ambivalent; a useful instrument for law enforcement on the one hand, a potential threat to individual rights on the other. The articles in this special issue provide a rich panoply of the potentials and challenges of deception detection in criminal investigations. In this article, the author deals mainly with the limitations arising from the legal and procedural framework.

Journal/Publisher: European Psychologist, Volume 19, Issue 3

Publication type: Article

Number of pages/Page range: 221-223

Language/s (content): English

Date of publication: 01-01-14

Personal data

Full name Martin BOSE

Current occupation Member

University/Institution University of Bonn

Address Adenauerallee 24-42

Postal code 53113 Bonn

Telephone 0049228739155

Fax 0049228732518

Email boese@jura.uni-bonn.de