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The Adversarial Process and the Vulnerable Witness$
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Louise Ellison

Print publication date: 2002

Print ISBN-13: 9780198299097

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299097.001.0001

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A Comparative Perspective: The Dutch Trial Process

A Comparative Perspective: The Dutch Trial Process

Chapter:
(p.140) (p.141) VII A Comparative Perspective: The Dutch Trial Process
Source:
The Adversarial Process and the Vulnerable Witness
Author(s):

Louise Ellison

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299097.003.0007

This chapter explores the popular contention that inquisitorial-style criminal proceedings in Great Britain hold inherent advantages for vulnerable and intimidated witnesses. It discusses the experiences of rape complainants within the Dutch trial process and suggests that a general tolerance of hearsay evidence in the Netherlands and reliance on judge-led interrogation greatly facilitate the integration of the witness's perspective. It explains that the advantages of the Dutch process are rooted in a different institutional framework and that their effectiveness crucially depends upon surrounding assumptions, mechanisms, and procedures.

Keywords:   Dutch trial process, criminal proceedings, vulnerable witness, Great Britain, Netherlands, hearsay evidence, judge-led interrogation

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