Studying forensic assessment and judicial decisions in the Netherlands

• In Event: Deciding on (long-term) forensic care in the Netherlands

Abstract

Behavioral experts are most frequently consulted experts in criminal cases. In the Netherlands, they provide reports on the defendant’s responsibility and potential sentencing recommendations. Courts use their advice to accept or reject an insanity defense, and generally follow the experts’ recommendations. If the defendant is excused based on mental impairments, no sentence can be imposed, although mandatory treatment is still possible. The experts’ advice, therefore, holds significant weight. Addressing situations where such advice was not followed, we discuss the empirical questions that arise: the extent of agreement between the parties, and consequent normative inquiries about the role of behavioral experts.

Authors

• Eleni Georgaki, Leiden University

• Michiel van der Wolf, University of Groningen

• Anna Goldberg, University of Groningen

• Lucia Mebius, University of Groningen

• Laura van Oploo, Tilburg University & The Netherlands Institute for Forensic Psychiatry and Psychology (NIFP)

• Maaike Kempes, The Netherlands Institute for Forensic Psychiatry and Psychology (NIFP) & Leiden University