CHAPTER 1.ADVERSARIAL OR INQUISITORIAL: COMPARING SYSTEMS&Peter J.van Koppen and Steven D.Penrod

Comparing Systems

Dutch Inquisition and American Adversaries

The Lives and Times of a Dutch and an American Suspect

Which System Is Better?

Subjects Not Covered

This Volume

CHAPTER 2.ADVERSARIAL OR INQUISITORIAL:Do WE HAVE A CHOICE?&Hans F.M.Crombag

CHAPTER 3.AN EMPIRICALLY BASED COMPARISON OF AMERICAN AND EUROPEAN REGULATORY APPROACHES TO POLICE INVESTIGATION&Christopher Slobogin

Search and Seizure

Interrogation

Conclusion

CHAPTER 4.“WE WILL PROTECT YOUR WIFE AND CHILD, BUT ONLY IF YOU CONFESS”: POLICE INTERROGATIONS IN ENGLAND AND THE NETHERLANDS&Aldert Vrij

Attitude Change in the Interrogation Room

Interviewing Suspects in England

Reasons to Confess

Quality of the Interview

Search for the Truth

Open-mindedness

Fair Interviewing and the Use of Tactics

The Presence of an Appropriate Adult

The Presence of a Legal Adviser

Summary

Interviewing Suspects in the Netherlands

Conclusion

CHAPTER 5.VIOLENCE RISK ASSESSMENT IN AMERICAN LAW &John Monahan

State of the Science

State of the Law

Conclusion

CHAPTER 6.THE DUAL NATURE OF FORENSIC PSYCHIATRIC PRACTICE:RISK ASSESSMENT AND MANAGEMENT UNDER THE DUTCH TBS-ORDER&Corine De Ruiter and Martin Hildebrand

Juridical Framework

Competence to Stand Trial

The Diminished Responsibility Doctrine

Psychiatric Disorders in TBS Patients

Treatment under the TBS Order

Violence Risk Assessment and Management under the TBS Order

Strengths and Weaknesses

CHAPTER 7.THE DEATH PENALTY AND ADVERSARIAL JUSTICE IN THE UNITED STATES&Samuel R.Gross

Inadequate Resources for Legal Representation

Arbitariness and Discrimination

Errors

Conclusion

CHAPTER 8.TAKING RECOVERED MEMORIES TO COURT&Harald Merckelbach

A Prototypical Case

What Does It Mean When You Say That Recovered Memories Are Essentially Accurate?

Some More Statistics

Professional Attitudes

Mounting the Witness Stand

Clinical versus Judicial Decision-Making

Conclusion

CHAPTER 9.ADVERSARIAL INFLUENCES ON THE INTERROGATION OF TRIAL WITNESSES&Roger C.Park

Precepts of Contemporary Cross-Examination

Exceptions to the Low-Risk Precepts

Comparison of Adversarial and Inquisitorial Incentives

When Can Adversarial Cross-Examination Elicit New Facts?

Prophylactic Effect of Cross-Examination in Deterring Deception

Caveat: Other Benefits of Cross-Examination

The Costs and Harms of Cross-Examination

Caveat: Trial Cross-Examination in the Context of Associated Procedures

Closing Comment

CHAPTER 10.CHILDREN IN COURT&Ingrid M.Cordon, Gail S.Goodman, and Stacey J.Anderson

Background on Assumptions of the Adversarial System

Children’s Knowledge of the Court

Children’s Understanding of Legal Terminology

Competence Examinations

Direct-Examination and Cross-Examination

Children’s Ability to Cope Emotionally

Emotional Effects of Children’s Courtroom Experiences

Alternative Methods for Obtaining and Admitting Children’s Evidence

Conclusions

CHAPTER 11.IDENTIFICATION EVIDENCE IN GERMANY AND THE UNITED STATES: COMMON SENSE ASSUMPTIONS, EMPIRICAL EVIDENCE, GUIDELINES, AND JUDICIAL PRACTICES&Siegfried L.Sporer and Brian L.Cutler

Identification Evidence in the German Legal Literature:From Past to the Present

Procedural Rules and Recommendations for Lineups in Germany

German Supreme Court Decisions

Identification Procedures in the United States

Conclusions

CHAPTER 12.EXPERT EVIDENCE: THE STATE OF THE LAW IN THE NETHERLANDS AND THE UNITED STATES&Petra T.C.van Kampen

Securing Expert Assistance

The Rules of Discovery

Admissibility and Decision Rules on Expert Evidence

The Right to Confrontation

The Right to Compulsory Process

Expert Evidence in the Netherlands and the United States:Different Shades of Gray

CHAPTER 13.EXPERT WITNESSES IN EUROPE AND THE UNITED STATES&Michael J.Saks

Preliminary Considerations

The Adversarial System: In Theory and In Practice

The Civil Law System: In Theory and In Practice

Conclusion

CHAPTER 14.THE ROLE OF THE FORENSIC EXPERT IN AN INQUISITORIAL SYSTEM&Ton Broeders

Written Reports

Evaluation of Forensic Evidence

Quality Assurance

Limitations of Quality Assurance

Independent Experts, Partisan Experts, and Hired Guns

Recent Developments: DNA, the European Court of Human Rights

Conclusion

CHAPTER 15.PSYCHOLOGICAL EXPERT WITNESSES IN GERMANY AND THE NETHERLANDS&Claudia Knornschild and Peter J.van Koppen

Diversity within Unity

Method

Forensic Psychological Assessment

Restriction to Credibility Assessment

Appointment of an Expert Witness

Ordering a Credibility Assessment

The Instructions to Psychological Experts

Conducting a Credibility Assessment

The Main Hearing

The Quality of the Assessments

Conclusions

CHAPTER 16.PREVENTING BAD PSYCHOLOGICAL SCIENTIFIC EVIDENCE IN THE NETHERLANDS AND THE UNITED STATES&Peter J.van Koppen and Michael J.Saks

Two Prostitutes and Their Pimp

Evidence for Courts and Juries

The Standards for Expert Witnesses

Psychologists versus Forensic Psychologists

The Expertise of the Psychologist

Methods for Evaluating Witness Statements

Protecting Courts against CBCA

Experts and Counter Experts

Standards for Expert Psychologists

CHAPTER 17.STYLES OF TRIAL PROCEDURE AT THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA&Francis J.Pakes

Characteristics of the ICTY

The Performance of the Tribunal

The Present Study

Concluding Remarks

CHAPTER 18.CONVERGENCE AND COMPLEMENTARITY BETWEEN PROFESSIONAL JUDGES AND LAY ADJUDICATORS&Shari Seidman Diamond

Through the Eyes of the Judge

Agreement and Disagreement between LayPersons and Professional Judges

Beyond Agreement: Other Jury Attributes

Conclusion

CHAPTER 19.THE PRINCIPLE OF OPEN JUSTICE IN THE NETHERLANDS&Ruth Hoekstra and Marijke Malsch

Side-Effects of Open Justice

Transparency of Criminal Process: The Right of Access to the Documents in a Case

Public Hearing

The Principle of Immediacy

The News Media versus the Public Gallery

Study on the Public Gallery

Conclusions

CHAPTER 20.THE JOHN WAYNE AND JUDGE DEE VERSIONS OF JUSTICE&Peter J.van Koppen and Steven D.Penrod

Different Forms of Justice?

The Compromising Society

The Judge Dee Model of Justice

The Contending Society

The Criminal Justice Systems

Pretrial

At Trial

Conclusions

REFERENCES

ABOUT THE EDITORS

ABOUT THE CONTRIBUTORS

TABLE OF CASES

AUTHOR INDEX

SUBJECT INDEX