confrontation
Confrontation ( Latin confrontare , “neighbors”, “to push”; Latin confrontatio , “confrontation”) is in everyday life a juxtaposition of mutually disturbing and initially incompatible statements , assertions , opinions , facts , issues or people in dispute .
General
The different controversial statements, allegations, opinions or topics are in a contradictory or contradictory contrast to each other. The confrontation also expresses the interrelated opposition of ideologies and values as well as the differently motivated arguments between people , groups and the state . Confrontation is part of communication , because different points of view have to be exchanged interpersonal or by means of messaging . Confrontations trigger a conflict , whereby conflict management , mediation or court judgments help to overcome the confrontation situation with various methods.
species
Confrontations arise in demonstrations , in conversations ( relationship conflicts , debates , discussions ), in court hearings ( cross-examination ), in war ( battle , skirmish ), in politics ( election campaign ), in sport ( martial arts ) or in companies ( negotiations , expert opinions ) . In negotiations, the contending parties often sit face to face, they form fronts (for example in collective bargaining ; front from Latin frons , “forehead”, “front”). The parties present their opposing points of view, whereby their differences collide. Confrontations can be planned or occur spontaneously . They are carried out in writing , orally or through physical activity (war, sport). The conflict resulting from the confrontation can be carried out violently or non-violently . For the military scientist Carl von Clausewitz , confrontations or conflicts could be without concession or compromise in the sense of unconditional overthrow, disempowerment or suppression of the enemy.
Confrontations in lawsuits
Germany
A typical confrontation situation occurs in court proceedings when the accused / defendant , accuser / plaintiff and witnesses face each other directly in the courtroom . At least the physical confrontation as a form of confrontation - i.e. the meeting of witnesses and accused - is provided for in criminal proceedings , for example, in Section 240 (2) StPO (right to ask questions) or Section 247 StPO (removal of the accused when co-defendants and witnesses are questioned). These regulations require the accused to be present at the judicial examination of a witness and give him the right to ask questions. The confrontation between the accused and the witness is intended to ensure in an adversarial hearing that the credibility of the witness and the credibility of his testimony can be adequately questioned. In certain constellations, according to the Federal Court of Justice (BGH), a confrontation between the witness and the accused may be dispensed with, for example for reasons of witness protection or if it is to be feared that the witness will not tell the truth in the presence of the accused .
The perpetrator comparison with the police represents a confrontation between various possible perpetrators and victims with the aim of identifying the right perpetrator.
United States
A real confrontation is with the US cross-examination ( English cross examination ), which according to Rule 611b Federal Rules of Evidence (FRE) has a highly confrontational character and serves to expose the illegal witness preparation and to undermine the credibility of the opposing witnesses. Unlike the German cross-examination under Section 239 (1) of the Code of Criminal Procedure, the American cross-examination is a counter-examination, an element of the law of confrontation serving to establish the truth .
It is also common to be confronted with a possibly deviating entry of the witness during the preliminary judicial investigation ( English Discovery ). However, only questions on issues that were already the subject of the direct questioning are permitted.
Conflict resolution
The conflicting parties must aim to resolve the conflict , because otherwise the direct confrontation, for example by breaking off the negotiations, may initially end, but can come back to life at any time. Conflict resolution is facilitated through constructive cooperation , the use of a culture of argument or the identification of common goals or interests . The controversial issues are in the foreground, not the persons representing them. A decision on the controversial facts is ultimately made through voting , discussion leader ( Ordre de Mufti ), influence , compromise , judge , withdrawal , victory ( strategic victory ), conviction or bargaining power .
See also
Web link
Individual evidence
- ↑ Eckhard Jesse / Thomas Schubert (eds.), Between Confrontation and Concession - Peaceful Revolution and German Unity in Saxony , 2010, p. 357
- ↑ Rudi Rhode / Ralf Bongartz / Mona Sabine Meis (eds.), Attack is the worst defense: The way to cooperative conflict management , 2003, p. 12
- ^ Carl von Clausewitz, Vom Kriege , 1832, p. 27 f.
- ↑ Franziska Mahler, The right of the accused to confrontational questioning of the witnesses , 2011, p. 2
- ↑ Franziska Mahler, The right of the accused to confrontational questioning of the witnesses , 2011, p. 3
- ↑ BGHSt 46, 93 94 f.
- ↑ Mei Wu, The Reform of Chinese Evidence Law Against the Background of German and American Regulatory Models , 2010, pp. 201 ff.
- ↑ US Supreme Court , Barber vs. Page , 390 US 719, 1968, 725
- ^ American Bar Association: How Courts Work. Steps in a Trial. Cross examination.
