Pre Trial Detention In The Netherlands

Author : J. H. Crijns,Bas J. G. Leeuw,Hilde Tonja Wermink
Publisher : Unknown
Page : 0 pages
File Size : 49,7 Mb
Release : 2016
Category : Detention of persons
ISBN : 946236687X

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Pre-trial Detention in the Netherlands by J. H. Crijns,Bas J. G. Leeuw,Hilde Tonja Wermink Pdf

The use of pre-trial detention has been criticized and debated frequently in Europe, and especially in the Netherlands. Questions are raised whether pre-trial detention is used too often and whether the practice of pre-trial detention is in line with standards set by the ECtHR. This research on pre-trial detention in the Netherlands is part of a broader EU wide research project on the application of pre-trial detention in a selected number of EU member states. Goal of the research project is collecting information on the legal framework on pre-trial detention and its application in practice in a selection of member states. This in order to inform the debate on the European level on the necessity of EU-legislation in this field. The research findings are based on questionnaires filled in by defence lawyers, observing pre-trial detention hearings, reviewing case files of closed cases and inter views with judges and prosecutors. The main conclusion of the Dutch research is that the Dutch legislation on pre-trial detention generally is in conformity with European standards. However, the practice of applying pre-trial detention falls somewhat short of these standards; especially the high percentage of pre-trial detention being ordered, the limited reasoning of decisions and the infrequent use of alternatives to pre-trial detention are noteworthy. (Series: Meijers Research Institute and Graduate School of the Leiden Law School of Leiden University) [Subject: Criminal Law and Procedure]

Author : Peter J P Tak
Publisher : Martinus Nijhoff Publishers
Page : 64 pages
File Size : 50,9 Mb
Release : 2023-09-20
Category : Law
ISBN : 9789004641969

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Criminal Justice Systems in Europe: The Netherlands by Peter J P Tak Pdf

The Dutch criminal justice system has, for some time, been famous for its mildness. This mildness, which has been reflected for example in a strikingly low prison rate has both impressed and shocked foreign criminal law scholars and criminal justice officials. This traditional mildness is now at stake. Crime has increased considerably and so has the prison rate. Major changes have taken place in Dutch society, and these require a new criminal justice policy. In 1985 the Minister of Justice submitted to the Parliament a new policy plan called Society and Crime, and a policy plan called Law in Motion was published in 1990. These new criminal policy plans propose a step-by-step approach in order to raise the level of criminal law enforcement and to intensify crime prevention. The statutory powers of the police to investigate organized crime will be expanded, the efficiency of the prosecution service will be improved, the capacity of prisons will be increased, and crime prevention programmes will be intensified. Whether the relative mildness of the Dutch criminal justice system will be maintained in the future or not, is a difficult question to answer. However, since the mildness is built into the system itself (as is demonstrated in this criminal justice profile) it is most probable that this mildness will be at least partly preserved in the future as well.

Author : J. Junger-Tas,Richard Block
Publisher : Kugler Publications
Page : 264 pages
File Size : 55,7 Mb
Release : 1988
Category : Justice pour mineurs
ISBN : 9062990363

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Juvenile Delinquency in the Netherlands by J. Junger-Tas,Richard Block Pdf

Author : Christine Morgenstern,Walter Hammerschick,Mary Rogan
Publisher : Taylor & Francis
Page : 267 pages
File Size : 41,9 Mb
Release : 2023-09-15
Category : Law
ISBN : 9781000953169

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European Perspectives on Pre-Trial Detention by Christine Morgenstern,Walter Hammerschick,Mary Rogan Pdf

High levels of remand or pre-trial detention (PTD) is a matter of growing concern in many countries, and at a European level. Despite being responsible for a significant part of the prison population, PTD practice is rarely the focus of criminological and criminal justice research. This book examines pre-trial detention practices and different ways of reducing its use across Europe. Offering a range of country-specific studies, this book also offers comparative studies of major issues across the continent. In particular, this book illustrates and examines how the actors (judges, public prosecutors, defence lawyers) work in pre-trial proceedings and make decisions; the common challenges in PTD decision-making; the factors which explain higher and lower rates of PTD across Europe; similarities and differences in practice; and the ways in which cross-border cases in Europe influence policy and practice. Offering suggestions and recommendations for how to bring down the use of PTD in Europe, this book is essential reading for all those engaged with European penal research and practice.

Author : Chandr Mohan Upadhyay
Publisher : APH Publishing
Page : 252 pages
File Size : 47,7 Mb
Release : 1999
Category : Political Science
ISBN : 8170249988

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Human Rights in Pre-trial Detention by Chandr Mohan Upadhyay Pdf

Author : P. J. P. Tak
Publisher : Unknown
Page : 204 pages
File Size : 52,7 Mb
Release : 2008
Category : Criminal justice, Administration
ISBN : STANFORD:36105134431381

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The Dutch Criminal Justice System by P. J. P. Tak Pdf

Author : Marion Charret-Del Bove,Fabrice Mourlon
Publisher : Cambridge Scholars Publishing
Page : 250 pages
File Size : 47,8 Mb
Release : 2014-06-19
Category : Law
ISBN : 9781443861847

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Pre-trial detention in 20th and 21st Century Common Law and Civil Law Systems by Marion Charret-Del Bove,Fabrice Mourlon Pdf

Pre-trial detention refers to the period when a person, after being arrested, is detained so as to determine the nature of the offences and the characterization of the charges. This notion is part and parcel of the legal proceedings of a criminal investigation and aims at striking a fragile balance between protecting the State and respecting individual freedoms. Lots of examples can be quoted to illustrate the various pre-trial detention modalities in common law and civil law traditions, including the duration of custody; custody rights; right to silence; right to the presence of a lawyer; modalities and control of pre-trial detention; and procedures in case of wrongful detention. This book makes an important contribution to the newly-researched topic of pre-trial detention from a theoretical and empirical point of view. Papers alternatively consider various issues: they analyse the philosophical principles and policies underlying pre-trial detention and look at the different forms it takes according to several countries; on a more technical and pragmatic level, they raise the question of the use of an appropriate terminology and the problem of translation that may arise from the differences between the studied legal systems. Finally, they consider the checks and balances mechanisms put in place to limit the negative effects of the measures restricting liberty. This volume contains a selection of contributions by academics specialized in law and comparative criminal procedure, political science, history, sociology, linguistics, and legal translation, and offers a comparative analysis of countries with differing legal traditions.

Author : M. J. M. Brand-Koolen
Publisher : Unknown
Page : 208 pages
File Size : 53,6 Mb
Release : 1987
Category : Corrections
ISBN : IND:30000007166303

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Studies on the Dutch Prison System by M. J. M. Brand-Koolen Pdf

Author : Miranda Boone,Martin Moerings
Publisher : Boom Juridische
Page : 334 pages
File Size : 41,6 Mb
Release : 2007
Category : Imprisonment
ISBN : NWU:35556038690459

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Dutch Prisons by Miranda Boone,Martin Moerings Pdf

In the international penitentiary world, the Dutch prison system has long been seen as a shining example. In the last decades, however, prison provisions were demolished rapidly. In 30 years, the prison rate increased fivefold which is, in relative numbers, comparable to the growth in the United States. This increase in numbers came together with substantial changes to typical aspects of the Dutch prison system - the legal position of detainees, rehabilitation efforts, and medical care. This volume presents an overview of these changes in different sectors of the prison system including adults, youth, the mentally disturbed, alien detainees, and persistent offenders. The book provides insight from both inside as well as outside the system and presents an international perspective as well.

Author : P. J. P. Tak
Publisher : Unknown
Page : 226 pages
File Size : 40,6 Mb
Release : 2002
Category : Abortion
ISBN : STANFORD:36105060713547

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Essays on Dutch Criminal Policy by P. J. P. Tak Pdf

Author : P. J. P. Tak
Publisher : Boom Koninklijke Uitgevers
Page : 144 pages
File Size : 49,8 Mb
Release : 2003
Category : Law
ISBN : 9054543035

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The Dutch Criminal Justice System by P. J. P. Tak Pdf

This book covers both the organization of the present Dutch criminal justice system and the main procedures used within the system.

Author : Peter Johan Paul Tak
Publisher : Martinus Nijhoff Publishers
Page : 68 pages
File Size : 45,9 Mb
Release : 1993-03-08
Category : Law
ISBN : 9065447059

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Criminal Justice Systems in Europe by Peter Johan Paul Tak Pdf

The Dutch criminal justice system has, for some time, been famous for its mildness. This mildness, which has been reflected for example in a strikingly low prison rate has both impressed and shocked foreign criminal law scholars and criminal justice officials. This traditional mildness is now at stake. Crime has increased considerably and so has the prison rate. Major changes have taken place in Dutch society, and these require a new criminal justice policy. In 1985 the Minister of Justice submitted to the Parliament a new policy plan called Society and Crime, and a policy plan called Law in Motion was published in 1990. These new criminal policy plans propose a step-by-step approach in order to raise the level of criminal law enforcement and to intensify crime prevention. The statutory powers of the police to investigate organized crime will be expanded, the efficiency of the prosecution service will be improved, the capacity of prisons will be increased, and crime prevention programmes will be intensified. Whether the relative mildness of the Dutch criminal justice system will be maintained in the future or not, is a difficult question to answer. However, since the mildness is built into the system itself (as is demonstrated in this criminal justice profile) it is most probable that this mildness will be at least partly preserved in the future as well.

Author : United Nations Centre for Human Rights,United Nations. Crime Prevention and Criminal Justice Branch
Publisher : New York and Geneva : United Nations
Page : 72 pages
File Size : 45,5 Mb
Release : 1994
Category : Law
ISBN : UOM:39015034857808

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Human Rights and Pre-trial Detention by United Nations Centre for Human Rights,United Nations. Crime Prevention and Criminal Justice Branch Pdf

Author : Marijke Malsch,Marius Duker
Publisher : Routledge
Page : 274 pages
File Size : 40,5 Mb
Release : 2016-05-23
Category : Law
ISBN : 9781317117674

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Incapacitation by Marijke Malsch,Marius Duker Pdf

In many criminal justice systems a new trend towards incapacitation can be witnessed. A ubiquitous want for control seems to have emerged as a consequence of perceived safety risks. This can be seen not only in the mass incarceration of offenders but also in the disqualification of offenders from jobs, in chemical castration in cases of sexual crimes, the increased use of electronic monitoring and in the life-long monitoring of individuals who pose certain risks. Trends towards incapacitation are now even spreading to public administration and the employment sector, in the refusal of licenses and the rejection of employees with past criminal records. This book discusses the topic of incapacitation from various angles and perspectives. It explores how theories of punishment are affected by the more recent emphasis on incapacitation and how criminal justice practice is changing as a consequence of this new emphasis. Many contributors express criticisms with this trend towards incapacitation. They argue for a better calibration of measures to the severity of the misconduct. In addressing an increasingly important development in criminal justice, the book will be an essential resource for students, researchers, and policy-makers working in the areas of criminal law, sentencing, probation and crime prevention.

Author : Ed Johnston,Anna Pivaty
Publisher : Taylor & Francis
Page : 178 pages
File Size : 45,6 Mb
Release : 2023-03-24
Category : Law
ISBN : 9781000860375

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Efficiency and Bureaucratisation of Criminal Justice by Ed Johnston,Anna Pivaty Pdf

This book tackles the growing issues concerning the managerialism and bureacratisation of criminal justice systems across a number of jurisdictions. Here, managerialism means the move towards more standardised, bureaucratic and efficiency-driven systems, influenced by a desire to ensure predictability, control risks and, ultimately, economic savings via a more efficient process. The volume explores the phenomenon of managerialism in selected national criminal legal systems, covering all stages of criminal case processing from arrest to the imposition of sanction. The selected countries represent diverse socio-economic, political, cultural and legal traditions including common law, civil law, mixed common and civil law and post-Soviet tradition. The book engages with a variety of relevant theoretical concepts, such as fairness, rationality, efficiency and legitimacy. The authors critically examine whether and to what extent the trend towards managerialism is indeed discernible, and what are its likely effects in the given national criminal legal systems. The book will be of interest to students, researchers and practitioners working in the areas of comparative criminal justice and procedure.