Terrorist Speech and the Criminal Law – A Comparative Analysis

2017 ◽  
Vol 25 (3) ◽  
pp. 230-259 ◽  
Author(s):  
Johannes Keiler
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
The Netherlands ◽  
Criminal Law ◽  
Critical Analysis ◽  
Vantage Point ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
Legal Frameworks

This article examines the ways that the criminal justice systems of England and the Netherlands deal with terrorist speech in the form of direct and indirect incitement to terrorism. This contribution commences with a discussion of the conditions under which the criminalisation of terrorist speech is justified. That discussion identifies criteria that must be satisfied if liability for terrorist speech is to be justified. The specific English and Dutch legal frameworks for addressing terrorist speech are then assessed in light of those criteria. This comparison provides the vantage point for a critical analysis of the merits and defects of terrorist speech offences. This contribution ends by identifying and discussing doctrinal elements that must be considered in order to ensure compliance with fundamental principles of criminal law and to prevent over-criminalisation.

The Sentence is Only the Beginning: Hiccups in the Cross-Border Execution of Judgments in the Euregion Meuse-Rhine

2021 ◽  
Vol 29 (3-4) ◽  
pp. 189-217
Author(s):  
Johannes Keiler ◽  
André Klip
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
The Netherlands ◽  
Member States ◽  
Cross Border ◽  
Criminal Justice Systems ◽  
Alternative Measures ◽  
The Cross ◽  
Preliminary Phase ◽  
Country Specific

Abstract The cross-border execution of judgments remains difficult in practice for European Member States. This article seeks to analyze why this may be the case with regard to four different modalities of sentences: (1) prison sentences and other measures involving deprivation of liberty, (2) conditional sentences and alternative measures, (3) financial penalties and (4) confiscation orders. Based on a comparative analysis, this article investigates the problems at stake regarding the cross-border execution of judgements in Belgium, Germany and the Netherlands and identifies possible causes and explanations for these. The analysis shows that impediments to cooperation may inter alia stem from differences in national law and diverging national sentencing practices and cultures and may furthermore be related to a lack of possibilities for cooperation in the preliminary phase of a transfer. Moreover, some obstacles to cooperation may be country-specific and self-made, due to specific choices and approaches of national criminal justice systems.

The European Integrated Criminal Justice System and its Constitutional Framework

2005 ◽  
Vol 12 (2) ◽  
pp. 125-147 ◽  
Author(s):  
Joachim Vogel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
European Integration ◽  
Criminal Law ◽  
Justice System ◽  
Legal Systems ◽  
Member States ◽  
Criminal Justice Systems ◽  
Financial Interests ◽  
Justice Systems

This article discusses the concept of the integrated European criminal justice system and its constitutional framework (as it stands now and as laid down in the Treaty Establishing a Constitution for Europe signed in Rome on 29 October 2004). It argues that European integration does not stop short of criminal justice. Integration does not mean that Member States and their legal systems, including their criminal justice systems, are being abolished or centralised or unified. Rather, they are being integrated through co-operation, co-ordination and harmonisation; centralisation, respectively unification, is a means of integration only in specific sectors such as the protection of the European Communities' financial interests. The article further argues that the integrated European criminal justice system is in need of a constitutional framework. The present framework suffers from major deficiencies. However, the Treaty establishing a Constitution for Europe will introduce a far better, all in all satisfactory, ‘criminal law constitution’.

Adjudication Error, Finality, and Asymmetry in the Criminal Law

2013 ◽  
Vol 26 (2) ◽  
pp. 377-398 ◽  
Author(s):  
Richard L. Lippke
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Wrongful Conviction ◽  
Criminal Justice Systems ◽  
Criminal Charge ◽  
Justice Systems ◽  
Set Up

All forms of criminal charge adjudication produce errors of mistaken conviction or acquittal. Yet in most criminal justice systems, an endpoint of sorts is eventually reached and further attempts to correct errors are disallowed. The first issue discussed is whether such “finality” in charge adjudication should be presumptive or non-presumptive. My contention is that it should be presumptive. But should it be presumptive only for convictions or also for acquittals? As against strong forms of asymmetry, I urge weaker forms, according to which we should seek to correct both kinds of errors while exhibiting some degree of preference for correcting errors of wrongful conviction over those of wrongful acquittal. The issues that must be faced if we are to set up procedures allowing rebuttal of the presumption of finality are then surveyed. Doing so reveals the forms that weak asymmetry might take.

scholarly journals Victims and international criminal justice: a vexed question?

2008 ◽  
Vol 90 (870) ◽  
pp. 441-459 ◽  
Author(s):  
Mina Rauschenbach ◽  
Damien Scalia
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Justice ◽  
International Level ◽  
International Regime ◽  
Criminal Proceedings ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
Vexed Question

AbstractDespite the growing attention being paid to “victims” in the framework of criminal proceedings, this attention does not seem to be meeting their needs under either national criminal justice systems or the international regime. In the latter, the difficulties encountered by the victims are aggravated by factors specifically arising from the prosecution and punishment of mass crimes at international level. This has prompted the authors to point out that the prime purpose of criminal law is to convict or acquit the accused, and to suggest that the task of attending to the victims should perhaps be left to other entities.

Charge Sheet to Charging

2021 ◽  
pp. 246-257
Author(s):  
Debarati Halder
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
Case Management ◽  
Special Reference ◽  
Positive Solutions ◽  
Essential Elements ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
The Uk ◽  
Relationship Of

Police and prosecution are the two essential elements in criminal justice systems, especially for justice delivery to the victims as well as for the accused. Cybercrimes targeting women have remained a menace for the victims, police, and prosecution for over a decade now in India and the UK. This chapter aims to research on the comparative analysis of relationship of police and prosecution for case management with special reference to cybercrimes against women cases between UK and India to find positive solutions for restitution of justice in such cases.

Victim Participation in Proceedings and Sentencing in Europe

1994 ◽  
Vol 3 (1-2) ◽  
pp. 57-67 ◽  
Author(s):  
Matti Joutsen
Keyword(s):  
Criminal Justice ◽  
The Netherlands ◽  
Point Of View ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
Criminal Justice Systems ◽  
Victim Participation ◽  
Justice Systems

The article reviews the different ways in which victims can influence the course and outcome of criminal proceedings in different European criminal justice systems. The range is from some jurisdictions (such as Greece, the Netherlands and Portugal) where the victim can appear only in the capacity as witness, to others (such as Finland) where there is a general right to prosecute. Even in the systems providing victims with the greatest opportunity for participation, the victim in practice generally leaves prosecution to the public prosecutor. The article concludes by arguing that no one system is ideal from the point of view of the victim.

Rate and Length of Imprisonment

1977 ◽  
Vol 23 (1) ◽  
pp. 51-56 ◽  
Author(s):  
Eugene Doleschal
Keyword(s):  
United States ◽  
Criminal Justice ◽  
The Netherlands ◽  
Prison Population ◽  
The United States ◽  
Policy And Practice ◽  
Criminal Justice Systems ◽  
The World ◽  
Criminal Penalties ◽  
Justice Systems

This paper discusses the rate and length of imprisonment in The Netherlands, Denmark, and Sweden, which have possibly the most advanced and most humane criminal justice systems in the world. Sen tencing policy and practice in these countries produce commitment figures which carry a message for the United States: increasing the harshness of criminal penalties and the size of the prison population is an irrational— and certainly ineffective—response to crime.

Equality in Multi-door Criminal Justice

2020 ◽  
Vol 23 (1) ◽  
pp. 60-73
Author(s):  
Richard A. Bierschbach
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Absolute Sense ◽  
Criminal Justice Systems ◽  
Process Oriented ◽  
Justice Systems ◽  
Post Industrial ◽  
Industrial Societies

As contemporary criminal justice practices have grown more varied, the equality concerns they raise have grown more nuanced and complex. This essay explores the interplay between equality in criminal justice and the mix of punitive and non-punitive mechanisms that have proliferated in parallel in the criminal justice systems of many post-industrial societies in the last thirty years. Multi-door criminal justice does not fare well under the dominant conception of equality in American criminal law, which seeks to stamp out disparities in punishment and ensure roughly equal outcomes for roughly similar offenders. But we need not view that as fatal to multi-door criminal justice. Tension between a multi-door system and our reigning approach to equality might suggest reasons to question the latter more than it does the former. Alternative, more flexible, more process-oriented conceptions of equality might exist that could better accommodate a multi-door world while still protecting and advancing egalitarian norms and ideals. At the same time, shifting our perspective on equality will not eliminate all equality concerns that flow from multi-door criminal justice, and it likely will reveal new ones. The question then becomes not whether multi-door criminal justice is unequal in some absolute sense. The question is whether it is less unequal—or unequal in more palatable ways—than what we have now.

scholarly journals Formalism versus pragmatism – A comparative legal and empirical analysis of the German and Dutch criminal justice systems with regard to effectiveness and efficiency

2021 ◽  
pp. 1023263X2110059
Author(s):  
Robin Hofmann
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Legal History ◽  
Justice System ◽  
Legal Practice ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Criminal Justice Systems ◽  
Effectiveness And Efficiency ◽  
Justice Systems

The German and the Dutch criminal justice systems not only share a common legal history but also follow the inquisitorial tradition with the prosecution playing a strong role. Despite these commonalities, there are a number of remarkable differences between the two jurisdictions, particularly with a view to procedural law and legal practices. While the German criminal law is known for being formal and rather doctrinal, the Dutch system is strongly driven by pragmatism and efficiency. This efficiency has become an important factor for the progressing Europeanization of criminal law and increasingly influences German criminal procedural law. This article compares selected aspects of the Dutch and German criminal justice systems. While previous legal comparative studies of the two neighbouring countries have focused on substantive criminal law, this paper will mainly deal with procedural criminal law and prosecutorial practices. The emphasis will be on criminal justice effectiveness and efficiency. Some of the questions addressed are: what constitutes an efficient criminal justice system? How is efficiency defined and implemented in legal practice? A variety of indicators for criminal justice efficiency are proposed and applied to criminal proceedings, prosecutorial practices and the sentencing systems in both countries.

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