ABSTRACT

This chapter presents a review of the business of fact findings including an inspection of the ways in which the main business in the courtroom is conducted has revealed that the interplay between institutional and everyday rules for conducting the events in the courtroom has yielded the four several types of dilemmas that are the focal points of this study. It discusses a number of possible consequences of dilemmas in the courtroom. The chapter identifies a new set of dilemmas, overriding the distinctions between the other dilemmas. Then the chapter finally examines the relevance of this study in the light of the problems of courtroom procedures and the solutions that have been proposed to remedy them. An obvious explanation of the fact that dilemmas in the courtroom complicate the position of suspects rather than that of judges would be the essentially asymmetrical positions of suspects and judges: The suspects are on trial and not the judges; the judges make the decisions and not the suspects.