The Post-Incarceration Syndrome
What happens to people when they are released from prison, after having spent 30 years behind bars? They experience a unique set of mental health symptoms, also known as the Post-Incarceration Syndrome.
Category: Criminal Law and Criminology
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The ECCC – balancing expeditiousness and meaningful justice
The ECCC has issued a decision on why the severance of the trial against the most senior Khmer Rouge leaders is in the interests of international justice. The question remains however whether a verdict will be as satisfactory as the Chamber assumes. -
Judging graffiti: reference to moral, prudential, economic and aesthetic values
In many (local) communities in the Netherlands and abroad, creating graffiti is considered to be vandalism. What kind of value judgments are of importance in this process of criminalization? -
Streets, suits and strange theories
Street criminals are disconnected from society, driven to steal by materialism. What's wrong with this analysis? -
Mandatory minimum sentences coming in through the back door?
Our government recently withdrew a proposal introducing minimum sanctions because of lack of support. Yet, if the EU Commission have their way, mandatory minimum sentences will soon be a reality in the Netherlands. -
The end of migrant-specific policies
The Dutch government has decided to end migrant-specific policies. According to the recent Integration Paper, policies should be based on people’s future and not on their background, which is a major turnaround. Will this also imply less stigmatisation? -
Conflicting interests: accurate balancing required
The position of victims in the Dutch criminal justice system has been overlooked for decades. But over the last few years, interest for victims has been growing, as illustrated by the new victim policy presented by State Secretary for Security and Justice. -
The judge has spoken. So what?! – The difficult search for convicts at large
Recently the Dutch Minister of Security and Justice announced that almost 15,000 convicts still have to serve their sentence of imprisonment. The question arises how effective the execution of judicial convictions in the Netherlands is. -
“Fire at Will”: The Role of Firearms in Mass Murder
A number of recent mass shootings have been committed by disturbed individuals with semi-automatic rifles. The debate on gun ownership in the US, however, is on-going. People without guns injure people. Guns kill them. -
Do we want or need to bring a crime scene back to life?
3D models are here to stay. How could and should they be used in criminal justice? A first step yet to be made is asking police officers and legal professionals to assess the different possibilities (and challenges) of new technologies like 3D models. -
Responsibility for security and safety in transition
Do citizens have a role in the security and safety of our society? -
Eins, Zwei, Polizei. Was ist los, was ist das? The use of firearms by police officers
In recent years, something has changed in the police approach towards the use of weapons in serious shooting incidents. Could there be a link between this policy shift and the use of firearms? -
Extending criminal liability in the case of street violence
Does tackling street violence require the introduction of strict liability? Some hints for the political debate. -
Online crime-fighting: more harm than good?
The Dutch police and Public Prosecution Service show video images of suspects online. Even though this might be effective in quickly identifying the suspects, the nasty side effects make it worthwhile reconsidering this tool. -
Security and justice are not the same
Criminal law scholars bemoan the ease with which rights are given up in return for security: why is there no civil resistance against ever increasing public competences? Here is a reminder of why discretionary power is such is a delicate matter. -
Illegal = criminal?
Shortly before Christmas, the Dutch Council of Ministers agreed to submit a proposal to the House of Representatives to amend the Aliens Act in order to criminalise illegal residence. Have we finally found the answer to unwanted migration? -
The abandoned Christmas trees
Around New Year many Christmas trees are dumped on the pavement or in the park. This is probably not a crime as such, but it is evidence of a terrible mentality and it shows a profound disrespect for nature. -
The Polluter Pays – Costs orders in criminal cases and contributions towards the cost of detention
The Dutch government is considering several measures to force a convicted person to contribute towards the costs it has made or will make in relation to criminal proceedings. The question arises which problem – if any – will be solved by this. -
Is the ‘decryption order’ a good idea?
A decryption order is an incredibly privacy intrusive governmental power. The announcement that the government wants to make the decryption order possible should not be taken lightly. -
‘The general interest’ in law? Jonge NJV Seminar 12 December 2012
This Wednesday the Leiden Law School will host the third annual Jonge NJV Seminar. The Jonge NJV invites legal scholars and practitioners, young or not so young, to join us at the Law Faculty for an interesting debate on ‘the general interest’ in law. -
Our Poor Cousin - The Public Pronouncements of Judgments
There is something strange about the way we think about the public pronouncement of judgments in criminal cases. We treat one of the defining moments in criminal trials as our poor cousin. I think we should seriously consider taking him back in the family. -
Seeing is believing: three types of forensic visuals
Seeing is believing. But what exactly do we see? Over time, forensic visualization techniques have become more advanced. Three types of visuals require expertise to varying extent, both in their production and interpretation. -
Crying out into the wilderness…or just an off-beat tango?
Many criminal justice scholars feel their research and writings are being ignored by the legislature. Is that actually the case? And, if so, who is to blame: it still takes two to tango! -
The End of the World or A New Beginning?
The killing of multiple family members, such as wife and children, shatters our illusion of safety in our private homes. What are the motives underlying these events? And, with the recent economic downfall: Will we be confronted with more of these acts? -
The power of the (false) image
In 2012 a few celebrities unwillingly revealed the ugly truth that they were able to keep hidden for years beneath their public mask. Behind this process we can witness the tremendous power images can have over our lives. -
Principle-free politics
New proposals to improve deprived urban neighbourhoods in Rotterdam are discriminatory. A new policy strategy is emerging: experimenting as a way to go around existing legislation. -
The advent of cross-border remote searches?
Our minister of Safety and Justice sent a letter to Parliament with several far reaching proposals, including the possibility to hack computers in foreign countries in order to gather evidence. This can lead to interesting cross-border legal issues. -
Media attention for Holleeder makes crime pay
People generally like to get attention. So, if breaking rules pays off with attention, even negative attention, there is an incentive to show this type of behaviour. That is why the media should not reward crime with fame. -
Myths about security myths
There is no security myth; security is crucial for citizens and society. -
Space travel and crime reduction
Images of earth as seen from outer space have given rise to a new awareness which might contribute to the reduction and prevention of crime. -
Troubles in Lawyer Land
The lawyer Bram Moszkowicz has been summoned by the Amsterdam Bar Association for accepting cash payments of at least € 15,000 for his services while failing to report this to the Bar Association. Besides enforcing the law, are there other motives at work? -
What to do in the event of breaking and entering: fight or flee?
The limits of self-defence in Dutch criminal law remain unclear for citizens and law enforcement agencies. Some issues that need to be discussed. -
Can the public help fighting human trafficking?
Can ordinary citizens help to fight exploitation? In debates about human trafficking it is often maintained that the public should be more aware of signs of this type of crime. Yet, in practice this can be tricky. So what to do? -
Death without debtors
As a sequel to the Suriname state liability story outlined last time, it may be suggested that waiting for the conviction of the December 1982 killers does not make sense. Acquittal interpreted as innocence will harm surviving relatives still further. -
Reality check for thriller writers
Media attention for crime is increasing even when crime figures are falling. Should we be concerned? -
The questionable exemplary functions of Lance Armstrong and Badr Hari
Athletes are allegedly role models, although they do not always behave as such. We have a tendency to socially lynch athletes when they do not meet our moral expectations, although its highly questionable whether “role models” actually deter bad behavior. -
The Dutch taboo (yes, it exists)
Dutch society is a classless society, right? Yet people with limited education are looked down upon and their behaviour runs more risk of being criminalized. -
No time for reflection?
Ministers have complained about the lack of time to reflect on their work. In the case of the criminal justice system, this lack of time to reflect has spread to MPs alike. -
So long after 1982: a way out for Suriname
What to do about seemingly unbridgeable division in Suriname on the 1982 killings? Criminal procedure now halted by a questionable amnesty law may lead to acquittal anyway. Let the state of Suriname accept liability and offer redress to victims instead. -
The Nijmegen scooter case: a bitter pill to swallow
After a scooter accident, which cost the life of a pedestrian, society is indignant about the acquittal for manslaughter. What happened and why are they discharged? -
MARTIJN & Sharia4Holland
Both the pedophile party MARTIJN and the leader of the Muslim movement Sharia4Holland faced criminal charges for their controversial ideas. The final judgments were respectively hard to establish (MARTIJN) and allegedly light in scope (Sharia4Holland). -
Cyber security new fashion
Cyber security is the new terrorism. What terrorism and counterterrorism was just after 9/11 is now cyber security and insecurity. It would be good for citizens, government and media to learn from our experiences with terrorism and counterterrorism. -
Guilty by reason of imagery
Images become more important in the criminal justice system, whether used as clarifying illustrations, evidence or as rhetorical tools. Distinct types of imagery differ in format and content. Here’s an example how format relates to our ideas of guilt. -
Political haggling with constitutional values
Recent developments show that even under the currently resigned Rutte Cabinet the drafting of new legislation, especially in the realm of law and order, remains a cause for concern. -
The plant is not the problem, prohibition is
Until recently, coffeeshops were free to sell cannabis to all customers, whether Dutch citizens or foreign tourists. Now, customers are required to have Dutch citizenship and a club card. Illegal trade is flourishing and residents are complaining. -
Ethnic Profiling: The Pot Calling the Kettle Black?
During the HRC’s Universal Periodic Review the Dutch Government questioned the UK about the discriminatory effects of counterterrorism measures. Remarkable, since the Dutch Government didn’t cover the topic in an evaluation of the counterterrorism practice -
Femmes for Freedom: fighting against marital captivity
Last Monday, Sheik Al-Haddad from the London Sharia Council advocated the establishment of a Sharia council in the Netherlands, in order to help Dutch women in Islamic divorce procedures. To follow this advice would be a grave mistake. -
The Naming of a Bill. Fight against human trafficking tucked away in an obscurely named Bill.
Sometimes legislation is framed in a more neutral sense than its impact would justify. So let´s talk about a ´Partial amendment of the Penal Code and some other laws in connection with the readjustment of criminal law to recent developments´. -
Interpreting Radicalism
We often assume we understand what terrorism and radicalism mean. Our interpretations and assumptions of these concepts are at the basis of what we criminalize and condemn. However, they are not always as clear-cut as we think. -
A vintage approach to tackling crime
The British conservative government wants to abolish the repressive ASBOs in favour of alternative 'community-based' social control policies. Can we expect the, in September, newly-elected Dutch politicians to follow this retro look on crime? -
A new Civil Rights Battle on the Horizon?
Are we going to see a new branch of Civil Rights litigation? It seems that the Supreme Court will uphold many provisions in the Arizonian ‘SB1070’ law. The law’s practical application might open the door to file numerous civil rights claims at Arizona. -
No evidence for actuarial justice in judicial decision-making in the Netherlands
We live in a risk society, many scholars contend. Attempting to eliminate all risks, criminal punishment is no longer based on guilt, but on one’s risk of jeopardizing the security of others in the future. Just theory? Or also sentencing practice? -
Numerophobia and other urban fears
The increasing share of ethnic minority groups in cities has led politicians to implement discriminatory measures. The real danger lies in the consequences of such measures. -
The legacy of a fallen Cabinet
In the Netherlands new elections will be held in September this year. It is totally unclear what kind of Cabinet the Netherlands will get. The political landscape is very fragmented at this time. -
The Robert M. case: multiple victims and sentencing
Breivik stands trial for killing 77 people; Robert M. for abusing 67 children. Cold numbers that make us speechless. In both cases, the accused are indicted for making many victims. Does it matter in sentencing? And how much? -
Fairness in Dutch criminal procedure: a victims demand
How can it be that in Dutch criminal procedure the focus is only on the accused and not the victim? I argue that the introduction of the ‘fair trial’ ideal in the Dutch jurisdiction has been more than just problematic. -
Crime Policies; Dare to ask the basic questions
In the Netherlands more and more repressive crime policies are being introduced. However, the basic question 'is there a crime problem that should be tackled' is often not asked. An omission with undesirable consequences. -
Wanted: Evidence for criminal case (any reasonable price accepted)
The Passage-proces is the first big public trial under the Dutch key witness regulations. The ongoing hustle between Peter la S. and the Public Prosecution Service perfectly illustrates the shortcomings of regulations concerning Dutch key witnesses. -
‘Lure Jews’, Nazi salute and the limits of criminal law
Teaching the Holocaust? Or how to prevent young immigrants bringing a Nazi salute in 21st century multicultural Amsterdam. -
Dutch Legislature: On a Crusade for Security or a Populist Collision Course?
What happened to the country formerly internationally known as ‘a beacon of enlightenment’ a ‘nation not obsessed with crime’?