ANP
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Information from the NOS•yesterday, 22:16
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14 yrs unjustly imprisoned. Absolution in the scenario of Rosmalense flat murder constitutes a important miscarriage of justice. The prosecutor then apologizes to the wrongly convicted Rob B. and will assess compensation. How could it have absent so poorly? And how one of a kind is this case?
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“The most critical level is that the eventualities other than B.’s murder have not been investigated,” says criminologist Jasper van der Kemp of the Vrije Universiteit. With the Acceptable Doubt project, he investigates attainable judicial faults, together with flat murder. “The make any difference appeared easy also: he was inside her, with the doorway closed, so it experienced to be him.”
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Examining all possibilities seems like a logical portion of the police investigation, but it won’t normally take place, claims Van der Kemp. In this circumstance, all investigations aimed to affirm B. as a suspect. “There has been no look for for evidence that would ensure other eventualities.” So there was tunnel vision.
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Alibi Investigation
B. had a closing alibi: he was on a bicycle at the time of his girlfriend’s demise. Having said that, the investigation into the alibi was conducted improperly, states the criminologist, so significantly so that this alibi was unjustly undermined. “A police officer bicycled B.’s route at normal velocity, while he couldn’t pedal that speedy for the reason that of the medications. Nobody was vital more than enough in that alibi investigation.”
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It performed an essential job in the belief that it was regarded as unlikely that Van den Hoogen could lower his throat. “It was hard for law enforcement officers to think about an individual chopping their throat and the experts acquired carried away,” suggests lawful psychologist Peter van Koppen, affiliated with the Dutch Criminal offense and Regulation Enforcement Reports Heart in Leiden.
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Superior now
According to criminologist Van der Kemp, nowadays much more attention is paid out to police instruction than ahead of to critically take a look at proof and look into a lot more not likely eventualities. “That model of crucial contemplating ought to be aspect of the overall prison justice chain, which includes the prosecutor and the choose.”
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According to lawful psychologist Van Koppen, there is even now a earth to conquer. “Judges are experienced in legislation, not in trying to find the fact and how proof works. To fully grasp evidence effectively, you have to have a great system in philosophy of science.”
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Is judicial mistake in the Rosmalense flat murder scenario a lead to for problem for the total judicial procedure? “Not that,” suggests Van Koppen. “It commonly performs well, but not usually superior ample in circumstances the place the proof is sophisticated. There usually are not hundreds of situations in the Netherlands, but there are enough issues to get worried about.”
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An occasional mistrial is inevitable, suggests criminologist Van der Kemp. “Just about every technique has flaws, but it shouldn’t be a flaw that stems from a lack of essential pondering.”
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