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Complex Cases: Perspectives on the Netherlands Criminal Justice System - Hardcover

 
9789051704990: Complex Cases: Perspectives on the Netherlands Criminal Justice System

Synopsis

In complicated court cases, experts are often called in to assist the judge and other trial participants in their decisions on particular aspects. These may be technical experts of some kind or psychologists, psychiatrists or accountants. If the expert ad

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From the Back Cover

In complicated court cases, experts are often called in to assist the judge and other trial participants in their decisions on particular aspects. These may be technical experts of some kind or psychologists, psychiatrists or accountants. If the expert advice is clear and comprehensible it simplifies the judge's task. However, if experts disagree, or if their reports are unclear, the case becomes even more complex.

Six fascinating cases - including allegations of a murder by shooting a ballpoint pen into a woman's head, of assisted suicide and of euthanasia - form the basis of this book. These cases were complicated by the fact that the experts who reported disagreed on various key points. Nevertheless, the judges had to make a decision.

Through the use of these examples, this book outlines the Dutch system of dealing with criminal cases. In the Netherlands, experts are generally called in, not by the parties in the case, but by the judge, the police or the public prosecutor. The book discusses the advantages and disadvantages of this system as compared with that in Common Law countries. The historical development of the criminal justice system and the role of justification of judicial decisions are also considered in detail. The resulting picture is of a judicial system which, despite an appearance of informality, rests too heavily on formalities and allows too little actual verification of facts and proof.

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