Recht der Werkelijkheid

Samenvatting

Experts may be involved in the trial of various types of legal cases. In most cases, they act as an advisor to the court or to the parties. In this model, the so-called ‘advisor model’, the expert writes a report that is used by the court for decision making. Experts may be called to attend the hearing of cases to answer questions that arise regarding their advise. In the other model, the ‘decision model’, the expert forms part of the panel that is in charge of decision making in a case. Decisions in cases are made in co-operation between judges and experts in this model. This model is not used on a large scale; the advisor model is prevailing in Dutch courts.This article discusses advantages and disadvantages of the ‘decision model’. An empirical study to the operation of this model as it is used in a variety of courts is explained. Panels in which experts are included seem to profit from the direct availability of expertise while making decisions in a case. Respondents state that external acceptance of the court decisions is also increased by the involvement of experts in a panel. Participation by experts in these panels is voluminous and they are considered to exert a large influence on the outcomes of decisions.