Sant eller falskt – Utsageanalys i rättspraxis och rättspsykologi

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: This essay aims to compare how the Supreme Court of Sweden determines the reliability of the injured party’s statement in sexual offense-cases to forensic psychological science about verbal lie detection tools. This essay contains a presentation of case-law and relevant forensic psychology, focusing on the methods Statement Validity Assessment and Reality Monitoring. Criteria which are considered more likely to occur in truthful statements are used to evaluate the story in both legal practice and the psychological methods. Examples of such criteria are detailed, long and free from contradictions. Use of the methods from forensic psychology result in about 70 % of the statements being correctly classified as true or false, results significantly better than the 54 % accuracy achieved by judges who don’t use any particular method. A comparison shows that several criteria, such as detailed, free from contradictions and clear, occur in both case-law and the psychological methods. The criteria detailed and coherent can be given a more specific application in legal practice by taking advantage of scientific findings from forensic psychology. Some elements, such as uncertainty or corrections, are viewed by the court as signs that the story is false – while they are considered signs of truthfulness within forensic psychology. In conclusion several of the criteria used by the court have scientific reinforcement, some can be given a more specific content with the help of forensic psychology and a few can be called into question because they are incompatible with scientific findings.

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