Privatising Criminal Justice? Shopping in the Netherlands

2011 ◽  
Vol 75 (3) ◽  
pp. 204-224 ◽  
Author(s):  
Patrick J. V. Van Calster
Keyword(s):  
Criminal Justice ◽  
The Netherlands ◽  
Criminal Law ◽  
Social Behaviour ◽  
Civil Law ◽  
Public Private Partnerships ◽  
Security Personnel

The Netherlands is encouraging Public Private Partnerships (PPP) for reducing problems of crime and anti-social behaviour. This article reports research done by the author on the Collective Shop Ban, allegedly the most successful form of Public Private Partnerships currently operating in the Netherlands. With the Collective Shop Ban, shopkeepers have their own measure to keep individuals who exhibit anti-social behaviour from entering their shops. In this way private parties, i.e. shopkeepers and security personnel, are co-responsible for detecting and punishing classic punishable acts such as shoplifting and fraud. The Collective Shop Ban is an interesting measure to study, all the more because it is no longer based primarily on criminal law, but on civil law. It is interesting to see to what extent the Collective Shop Ban differs from the Dutch criminal law approach, what this civil law approach means for the perpetrator, and what are the legal and societal consequences.

Boundaries of Criminal Liability: Participation in Crime, Preparatory Offences and Omissions

2020 ◽  
Vol 53 (3) ◽  
pp. 392-408
Author(s):  
Miriam Gur-Arye
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Review Essay ◽  
Criminal Liability ◽  
Common Law ◽  
Civil Law ◽  
Legal Rules ◽  
Core Concepts ◽  
The Common ◽  
Anglo American

The book Core Concepts in Criminal Law and Criminal Justice: Anglo-German Dialogues is the first volume of an Anglo-German project which aims ‘to explore the foundational principles and concepts that underpin the different domestic systems and local rules’. It offers comparative perspectives on German and Anglo-American criminal law and criminal justice as ‘examples of the civil law and the common law worlds’. The comparisons ‘dig beneath the superficial similarities or differences between legal rules to identify and compare the underlying concepts, values, principles, and structures of thought’. The review essay focuses on the topics of omissions, preparatory offences, and participation in crime, all of which extend the typical criminal liability. It presents the comparative German and Anglo-American perspectives discussed in the book with regard to each topic and adds the perspective of Israeli criminal law. It points out the features common to all these topics as an extension of criminal liability and discusses the underlying considerations that justify the criminalisation of omissions, preparatory offences, and participation in crime. In evaluating whether extending criminal liability in these contexts is justified, the review essay suggests reliance on two main notions: that of ‘control over the commission of the offence’ and that of ‘liberty (or personal freedom)’.

Children and the Expanding Role of the Criminal Law

1999 ◽  
Vol 4 (2) ◽  
pp. 85-90 ◽  
Author(s):  
Sue Bandalli
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
Civil Law ◽  
Foreseeable Future ◽  
Criminal Courts ◽  
Justice Practice ◽  
Looking Back ◽  
Public Demand

Looking back, the 1980s was a decade of enlightenment and success in juvenile justice practice in this country; diverting youngsters away from the criminal courts and reducing the severity of response towards those who were prosecuted did not result in crime waves or public demand to stop this lenient treatment of the young. In the 1990s, the whole criminal justice system took a significant turn towards retribution and punishment. The movement may have been aimed initially at certain groups of criminals, particularly the persistent and serious, but swept all in its wake, including children aged 10–14 who were neither. There is little apparent appreciation of the damaging consequences of this trend, not only for individual children but also for the whole concept of childhood. There is now a wide discrepancy between the approach taken by the criminal and civil law towards children which current criminal justice policies indicate is to continue into the foreseeable future.

Responsibility for Bystanders in Mass Crimes: Towards a Duty to Rescue in International Criminal Justice

2017 ◽  
Vol 17 (5) ◽  
pp. 879-908
Author(s):  
Auriane Botte-Kerrison
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
Common Law ◽  
Civil Law ◽  
International Criminal Law ◽  
International Criminal Justice ◽  
Attribution Of Responsibility ◽  
The Social ◽  
Collective Dimension

This article examines the viability of integrating the duty to rescue concept in international criminal justice to deal with the responsibility of bystanders. Despite the fact that they often contribute to create the social context in which mass crimes occur, bystanders are almost absent from the scope of international criminal justice, focusing mainly on the perpetrators and the victims. This article explores a possible avenue to fill this gap so that the attribution of responsibility for mass crimes can be more coherent with their collective dimension. It assesses whether the duty to rescue concept, commonly found in the legislation of civil law countries, could provide a ‘ready-made’ solution to deal with bystander responsibility. Following a comparative analysis of the different approaches to the duty to rescue in civil law and common law countries, it examines how the duty to rescue would fit with similar concepts in international criminal law.

1. Introduction

2021 ◽  
pp. 1-38
Author(s):  
John Child ◽  
David Ormerod
Keyword(s):  
Criminal Justice ◽  
Internal Structure ◽  
Criminal Law ◽  
Civil Law ◽  
Criminal Process

This book focuses on substantive criminal law, that is, how offences such as theft and murder are defined. This introductory chapter sets in context criminal offences and defences, first by considering the basis upon which certain conduct is criminalised and other conduct is not. In continuing to set the context, the chapter goes on to consider criminal justice and criminology; criminal evidence; criminal process (including the court structure and central actors); sentencing; civil law protections; and so on. Narrowing to our focus on substantive criminal law—how offences and defences are defined—the chapter moves on to discuss the sources of criminal law; the internal structure of offences and defences; principles of the substantive criminal law; and the subjects to which it applies. Finally, the chapter introduces features on reform and legal application.

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.

Information Systems for Victims of Crime: Results of Comparative Research

1998 ◽  
Vol 5 (2) ◽  
pp. 163-188 ◽  
Author(s):  
Marion E.I. Brienen ◽  
Ernestine H. Hoegen
Keyword(s):  
Information Systems ◽  
Criminal Justice ◽  
The Netherlands ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Comparative Research ◽  
Justice System ◽  
Council Of Europe ◽  
Research Project ◽  
Victims Of Crime

In 1994 Tilburg University in the Netherlands and the Dutch Ministry of Justice launched a four-year research project on the implementation of Recommendation R (85) 11 of the Council of Europe on the Position of the Victim in the Framework of Criminal Law and Procedure. Many of the guidelines encompassed by the Recommendation deal with information. In this article, which is based on interim results of the Dutch research, the focus is on the formal and actual implementation in several different countries of the guidelines concerning information that the criminal justice system should provide to the victim. Different information systems are compared and some of the problems encountered in practice are identified. Where possible, causes and solutions are suggested.

scholarly journals RECHTERLIJK PARDON DALAM KEBIJAKAN DAN PENERAPAN PIDANA INDONESIA

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 132-142
Author(s):  
Annisa Dian Permata Herista ◽  
Aristo Evandy A. Barlian
Keyword(s):  
Social Justice ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Civil Law ◽  
Penal Code ◽  
Law System ◽  
Current Formulation ◽  
To Come

Penal code in the formulation of criminal law is currently only fixated on the provisions of criminal acts and crimes without including the goals and principles of punishment. Therefore, criminal law is currently considered rigid and inhumane in its application in small cases that are deemed to require social justice. Formulations which do not have objectives and principles in criminal guidelines will not produce effective law, now there is an idea that is Rechterlijk Pardon as one of the concepts in criminal reform that has been used by various countries implementing civil law systems. The results of the analysis in this study found 6 (six) articles relating to the value of forgiveness in the current formulation of the Kuhp but not the pure forgiveness value and the discovery of 5 (five) criminal justice applications that already have forgiveness values but still cannot be applied properly because they are not properly applied the existence of forgiveness formulations in the current criminal. The formulation of the judge's forgiveness idea "Rechterlijk Pardon" will make the criminal law system in Indonesia to come to be more integral, flexible, humanist, progress and nationalist. The criminal justice system desperately needs significant reforms such as the inclusion of criminal law goals and principles so that an effective criminal justice system in Indonesia is realized.

scholarly journals Plea Bargaining dalam Sistem Peradilan Pidana di Beberapa Negara

Wajah Hukum ◽  
2019 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Nella Octaviany Siregar
Keyword(s):  
Criminal Justice ◽  
The Netherlands ◽  
Criminal Law ◽  
Legal System ◽  
Basic Concept ◽  
Common Law ◽  
Plea Bargaining ◽  
Comparative Approach ◽  
Conceptual Approach ◽  
The Common

Plea Bargaining System is widely interpreted as a statement of guilt of a suspect or defendant. Plea Bargaining practised in many countries that have embraced the Common Law legal system. Plea Bargaining that was developed in the common law "legal system" has inspired the emergence of "mediation" in the practice of the judiciary based on the criminal law in the Netherlands and France, known as "transactie". Plea Bargaining is categorized as a settling outside the hearing and their users is also based on specific reasons. Even in the renewal of law criminal justice events in Indonesia, has also picked up the basic concept of plea bargaining that was adopted in the RUU KUHAP with the concept of "Jalur Khusus". That with the presence of the concept of "Jalur Khusus", is also a concern when viewed can enactment back recognition of guilt of the defendant as the basis of the judge's verdict is dropping. The purpose of this paper is to find out, analyze the plea bargaining in some countries. The type of research used is the juridical normative research, using a conceptual approach, comparative approach, historical approach.

Improving our Practice of Sentencing

Utilitas ◽  
1997 ◽  
Vol 9 (1) ◽  
pp. 99-114 ◽  
Author(s):  
Brenda M. Baker
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Criminal Law ◽  
Civil Law ◽  
Criminal Courts ◽  
Personal Costs

Restorative justice should have greater weight as a criterion in criminal justice sentencing practice. It permits a realistic recognition of the kinds of harm and damage caused by offences, and encourages individualized non-custodial sentencing options as ways of addressing these harms. Non-custodial sentences have proven more effective than incarceration in securing social reconciliation and preventing recidivism, and they avoid the serious social and personal costs of imprisonment. This paper argues in support of restorative justice as a guiding idea in sentencing. As part of this defence, it considers whether the use of the idea of restorative justice will conflate criminal law with civil law or displace the authority of the criminal courts, and whether the sentences it recommends are best thought of as punishments or alternatives to punishment.

Sign in / Sign up

Export Citation Format

Share Document