The interrogation of suspects : a comparative study

Abstract

The present work is a comparative study of one particular field of law, namely the interrogation by police officers in the investigation of crime. The investigation process has to be one of the most delicate stages throughout the whole system but it is also one of the most important as it plays a major role in the outcome of the trial. This is because the way and manner in which an investigation is conducted can make or break the prosecution's case. Use of the proper investigation techniques will aid the prosecutor to prove his case beyond reasonable doubt, however in formulating effective investigative machinery we must never forget the rights pertaining to every single individual. Since the complexity of crime is undoubtedly a common problem in every state, this study seeks to contribute towards an understanding of the legal procedure of interrogation in three distinct countries and to highlight the similarities and differences that may exist in respective systems of law. This study will explore the developments in the law of interrogation and furthermore we will be comparing the Maltese system to that of the United States and Great Britain. This study will aim at comparing the three systems side by side and analysing different factors which contribute to the success or otherwise of the police interrogation. Other sensitive issues such as the use of polygraphs, video and audio recordings, torture, and abuse will also be explained and compared for their effectiveness in obtaining genuine convictions.