The Impact of the COVID-19 Crisis on the Dutch Criminal Justice System

2021 ◽  
pp. 24-41
Author(s):  
Debora Moolenaar ◽  
Sunil Choenni
Keyword(s):  
Criminal Justice ◽  
The Netherlands ◽  
Criminal Justice System ◽  
Justice System ◽  
Physical World ◽  
Economic Downturn ◽  
Criminal Cases ◽  
First Case ◽  
Long Term Impact ◽  
The Impact

This paper tries to ascertain the overall impact of the COVID-19 pandemic on the Dutch criminal justice system. In the Netherlands, the first case of COVID-19 was reported in February 2020. On March 16, 2020, the Netherlands went into its first lockdown which lasted until approximately June 15, 2020. The effect of the COVID-19 crisis on crime is ambiguous. Whereas less crime was expected in the physical world, more crime was expected in the online world due to the crisis. During the first lockdown all government offices were closed, including the court buildings. Only urgent criminal cases were handled by the courts. Urgent criminal cases refer to those cases where the rights of suspects were violated or the safety of victims was endangered. During the first lockdown, the backlog of court cases increased, which adversely affected all criminal justice institutions that were responsible for executing court verdicts, like the prison and probation services. This paper assesses the effect of the COVID-19 crisis on crime and the criminal justice system. First, the effect of COVID-19 on crime is assessed by performing a regression analysis on monthly crime data. Second, using a long-standing forecasting model for the criminal justice system, an estimation is made of the long term impact of the changes in the level of crime, of the shifts towards different types of crime, as well as of the reduction of the prosecutor and court backlogs, and of a possible economic downturn and increasing unemployment for the complete criminal justice system.

The impact of DNA on criminal investigation

2016 ◽  
Vol 7 (3) ◽  
pp. 105-108
Author(s):  
Colin Dale
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Design Methodology ◽  
Ethical Issues ◽  
Dna Profiling ◽  
Content Type ◽  
First Case ◽  
The Impact

Purpose The purpose of this paper is to describe the discovery of the application of DNA profiling to the criminal justice system. Design/methodology/approach Researching the origins of the discovery of the application of DNA to the criminal justice system via an analysis of the first case in which it was applied to. Findings It was discovered that the first application of DNA profiling to the criminal justice system meant that a young man with intellectual disabilities was saved from wrongful prosecution. The case study also raises ethical issues concerning the mass screening of targeted populations by way of DNA. Originality/value The case study is descriptive in nature and draws from earlier work describing the events which unfolded.

Victims in the Dutch Criminal Justice System: The effects of Treatment on Victims’ Attitudes and Compliance

1995 ◽  
Vol 3 (4) ◽  
pp. 323-341 ◽  
Author(s):  
Jo-Anne Wemmers
Keyword(s):  
Criminal Justice ◽  
The Netherlands ◽  
Criminal Justice System ◽  
Justice System ◽  
Review Of The Literature ◽  
Public Prosecution ◽  
The Public ◽  
Recent Developments ◽  
The Impact ◽  
The Relationship

The present study attempts to address the question of how victim notification influences the relationship between victims and the criminal justice system. It examines empirically the effects of victim notification on their satisfaction with the performance of the public prosecution, their feelings of obligation to obey the law and law-abiding behavior. It does so by reporting the results of a survey that was conducted as part of the evaluation of new measures to improve the position of victims within the criminal justice system, which are currently being introduced in the Netherlands. Procedures that allow the passive participation of victims in the criminal justice procedure are judged to be more fair than procedures which exclude victims. Moreover, how victims are treated by the prosecution has a significant impact on their subsequent attitudes towards authorities and their law abiding behaviour. Following a review of the literature concerning the impact of victim participation in the criminal justice system and a description of recent developments in the treatment of victims in the Dutch criminal procedure, the method and results of the present study are described. The paper closes with a discussion of the findings and their implications for victim policy.

scholarly journals Investigating the Impact of Jury Sentencing Recommendations Using Procedural Justice Theory

2017 ◽  
Vol 20 (4) ◽  
pp. 535-568 ◽  
Author(s):  
Gianni Ribeiro ◽  
Emma Antrobus
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Frustration Effect ◽  
Public Confidence ◽  
Justice Theory ◽  
Perceptions Of Fairness ◽  
Sentencing Recommendations ◽  
The Impact

Public confidence in the criminal justice system is critical for the system to function effectively. Two studies investigated the impact of jury sentencing recommendations on public confidence using procedural justice theory. The first study (N = 80) manipulated the presence of jury involvement in sentencing (voice present versus voice absent) and the punitiveness of the minimum non-parole period (more punitive versus less punitive) to examine whether giving juries a “voice”—a key element of procedural justice—would increase public confidence in the courts, as well as perceptions of fairness and legitimacy. Contrary to predictions, results revealed that a more punitive sentence led to increased perceptions of legitimacy, which was associated with higher confidence. The second study (N = 60) examined whether manipulating the Judge’s agreement with the jury’s recommendation—as well as the Judge’s reason for disagreement—would elicit the “frustration effect,” leading to a decrease in confidence and perceptions of fairness and legitimacy. There was no evidence to suggest that the frustration effect was present. Results of both studies could suggest that jury sentencing recommendations may not effectively increase public confidence and perceptions of fairness and legitimacy in the courts, however alternate explanations are discussed.

scholarly journals Kijibashik: Turn it Around

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Tenzin Butsang ◽  
Flora Matheson ◽  
Jerry Flores ◽  
Angela Mashford-Pringle
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Public Health Research ◽  
Indigenous Women ◽  
Core Knowledge ◽  
Community Based Research ◽  
Critical Gap ◽  
Federal Prisons ◽  
The Impact

Over the last decade, there has been a dramatic increase in the number of incarcerated Indigenous women within Canada’s federal prisons. More than half of these women also identify as single mothers of multiple children, extending the scope of incarceration’s impact across generations. While maternal incarceration has been shown to contribute to a myriad of issues in children, including mental illness and increased mortality, there are few qualitative studies where previously incarcerated Indigenous women have been asked directly about the impact of incarceration on their wellbeing and mothering. This project will utilize a community-based research methodology that centers the voices of previously incarcerated Indigenous mothers by examining the commonalities and distinctions in their lived experiences. We will (1) identify the mental, emotional, spiritual, physical, and relational implications of incarceration for Indigenous mothers, (2) explore Indigenous concepts of motherhood and kinship, (3) identify the unique needs of this population in the criminal justice system, and (4) inform new and existing programs and services directed towards Indigenous mothers involved in the criminal justice system. Semi-structured individual interviews with previously incarcerated Indigenous mothers and Sharing Circles (focus groups) with key stakeholders, including Elders, Healers, and community partners involved in the criminal justice field will form the core knowledge for the project. This project will address a critical gap in public health research concerning the wellbeing of marginalized and incarcerated individuals and contribute significantly to our understanding of the experiences of Indigenous women in the criminal justice system. Through a collaborative partnership with several key Indigenous-centred organizations, the knowledge generated will be used to inform and develop decarceration programming and supports for previously incarcerated Indigenous mothers, establishing concrete measures to reduce the overrepresentation of Indigenous women in the Canadian criminal justice system, now and into the future.

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

The readiness of various communities for the implementation of restorative justice in the community setting: A perspective of community organization

2018 ◽  
Vol 63 (3) ◽  
pp. 386-398
Author(s):  
Taufik Mohammad
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Restorative Justice ◽  
Justice System ◽  
Community Organization ◽  
Community Setting ◽  
Offender Rehabilitation ◽  
Community Members ◽  
Criminal Cases

The method of community organization can be used to implement restorative justice within the community. This study aimed at understanding whether members from seven communities in Malaysia would assume responsibility for restorative justice initiatives, accept various elements of restorative justice, and welcome offenders back into the community. The findings are mixed. Some community members believed that the community setting may offer resources for offender rehabilitation that the criminal justice system does not have; others raised concerns over various limitations such that communities may not be equipped to deal with criminal cases.

5. The criminal justice system

2019 ◽  
pp. 91-155
Author(s):  
Martin Partington
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Current System ◽  
Holistic Approach ◽  
Criminal Cases ◽  
System P ◽  
Social Theories ◽  
Sentencing Policy ◽  
Post Trial

This chapter focuses on the criminal justice system. It contains summaries of the different social theories that underpin both the criminal justice system and the fundamental principles relating to sentencing policy. The system is examined in three segments: pre-trial stages, trial stage, and post-trial stages. Each is discussed in turn. This chapter emphasizes the holistic approach by looking not only at what happens in courts, but also the police station and in post-trial contexts such as parole and criminal cases review. The place of the victim in the system is also considered. Particular emphasis is placed on how the current system is changing in the quest for improved efficiency.

Paying the Trial Tax: Race, Guilty Pleas, and Disparity in Prosecution

2019 ◽  
Vol 31 (4) ◽  
pp. 500-531 ◽  
Author(s):  
Alexander Testa ◽  
Brian D. Johnson
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Racial Differences ◽  
Justice System ◽  
Young Male ◽  
Gender Disparities ◽  
Criminal Cases ◽  
Theoretical Perspectives ◽  
Different Types ◽  
Sentencing Policy

The vast majority of criminal cases are disposed of through guilty pleas, yet relatively little empirical research focuses on the factors that are related to whether a defendant pleads guilty or goes to trial. The current work investigates this issue, analyzing three recent years of data from the Maryland Commission on Criminal Sentencing Policy. It examines predictors of guilty plea and trial dispositions as well as key differences among different types of guilty pleas. Findings indicate that Black and Latino defendants are substantially less likely to plead guilty, and that these differences are most pronounced for nonnegotiated guilty pleas. Little evidence emerges for gender disparities or for compound disadvantages associated with young, male, minority defendants. Results are discussed as they relate to contemporary theoretical perspectives on racial differences in perceived legitimacy and trust in the criminal justice system.

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