NCJ Number
138776
Date Published
1991
Length
168 pages
Annotation
Interviews conducted with investigators, the local prosecutor, judicial representatives, suspected offenders, attorneys, and social workers were used to assess the perceived impact of the Finnish 1989 Pre-Trial Investigation Act on police practice, investigative effectiveness, the rules of evidence, and possible changes in the position of the suspect. The report specifically discusses pretrial investigative and coercive measures used in a town in northern Finland before the legislation entered into effect.
Abstract
The police officers interviewed stated that their investigative strategy was based on the type of offense and other case characteristics. As questioning of suspects has an important role in clarifying many offenses, the new legislation would force officers to gather most of their evidence in other ways and would thereby reduce the case clearance rate. In regard to drug offenses, the new law will cause police to increase the supervision of habitual drug abusers and to rely more heavily on informants and public tips. The attorneys included in this study believed that the pretrial investigation had an exaggerated role, sometimes even superceding oral hearings in court. Police have often used arrest as a coercive measure to increase the effectiveness of suspect questioning. The new law shortens the period of arrest and contains an equity provision which would prohibit unreasonable detention. All parties interviewed agreed that, prior to this legislation, the grounds for arrest had been interpreted too loosely. The new 3-day limit on arrests will prompt police to conduct more efficient investigations of serious offenses. As a result of the new statute, court- admitted evidence will be based more than before on technical investigations and suspect statements will now be used to corroborate other evidence.