Role-induced bias in criminal prosecutions
| Author | André Kuhn,Nicole Egli Anthonioz,Mark Schweizer,Joëlle Vuille |
| Published date | 01 July 2019 |
| Date | 01 July 2019 |
| DOI | http://doi.org/10.1177/1477370818772772 |
| Subject Matter | Articles |
https://doi.org/10.1177/1477370818772772
European Journal of Criminology
2019, Vol. 16(4) 452 –465
© The Author(s) 2018
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DOI: 10.1177/1477370818772772
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Role-induced bias in criminal
prosecutions
Nicole Egli Anthonioz
Cantonal Ethics Commission, Switzerland
Mark Schweizer
Swiss Federal Patent Court, Switzerland
Joëlle Vuille
University of Lausanne, Switzerland
André Kuhn
University of Neuchâtel, Switzerland
Abstract
There are two main models of criminal prosecution in the western world. One tasks an
independent magistrate (the examining judge) with the duty of conducting the investigation of a
given case and transferring all evidence collected to the parties and the trial court. The other vests
the prosecution with the task of conducting the investigation before representing the accusation
in court. In 2011, a new code of criminal procedure entered into force in Switzerland, forcing
most Swiss cantons to transition from the first model to the second. We investigate whether the
change in the person conducting the investigation (from examining judge to prosecutor) could
introduce or exacerbate bias against or in favor of the defendant. Through an empirical study
carried out with students, we tried to determine whether this change might affect the fairness
of the proceedings. We contend that the rights of the defense are better safeguarded in the first
model than in the second, even if the contrast is not as stark as was initially predicted.
Keywords
Criminal procedure, examining judge, fair trial, prosecutor, rights of the defense, wrongful
convictions
Corresponding author:
André Kuhn, Center for Criminological Research, University of Neuchâtel, Avenue du 1er-Mars 26,
CH-2000 Neuchâtel, Switzerland.
Email: andre.kuhn@unine.ch
772772EUC0010.1177/1477370818772772European Journal of CriminologyEgli Anthonioz et al.
research-article2018
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