In recent decades, countries around the globe have taken measures to stop sexual exploitation of children by transnational offenders. But despite the growing attention for this problem, scientific... Show moreIn recent decades, countries around the globe have taken measures to stop sexual exploitation of children by transnational offenders. But despite the growing attention for this problem, scientific research about sexual exploitation of children in the context of travel and tourism (SECTT) is in its infancy. Using a novel application of the theoretical framework of guardianship to SECTT, this doctoral dissertation investigates the role of third parties in combating child sexual exploitation by transnational offenders. How can governments, in both destination and sending countries, enact guardianship against SECTT? To what extent can individual citizens, like you and me, help to stop it? And which lessons can be learned for more effective policy?The studies in this book illustrate the possibilities and challenges for governments and citizens to enact guardianship against SECTT, while demonstrating different research methods that can be used to bring more light to this under-researched problem. Highlighting the importance of perceptions, unpicking the responsibilities of sending countries, and at times challenging popular conceptions, the book’s timely plea against superficial solutions draws attention to the need for more evidence-based policy. Those involved in child protection, from academics to practitioners, will find the material in this book an insightful starting point to inform new ways of confronting SECTT. Show less
This special issue is devoted to a constantly growing field of interest within criminology and criminal justice: so-called collateral consequences of criminal records (hereinafter, CCCR). Criminal... Show moreThis special issue is devoted to a constantly growing field of interest within criminology and criminal justice: so-called collateral consequences of criminal records (hereinafter, CCCR). Criminal justice–involved individuals face burdensome legal and social barriers and disabilities that exist because of their prior contacts with the criminal legal system. Collateral consequences can be both formal and informal in nature. The first CCCR category − so-called de jure collateral consequences − includes sanctions, restrictions and disqualifications that attach to a criminal record which have either a statutory or regulatory basis. These consequences limit the full exercise of citizenship rights and restrict, access to employment and economic opportunities, as well as welfare benefits. To be clear, criminal justice actors are not the only authorities that may impose collateral consequences. Administrative licencing bodies, immigration authorities and other state-sanctioned actors exercising delegated functions play a key role in imposing formalised collateral consequences. The second category of CCCR − so-called de facto collateral consequences − includes social barriers and disabilities that lack a statutory basis and do not necessarily involve any government, or otherwise state-sanctioned, actors. These include restrictions inflicted by private actors, such as landlords and employers, acting upon criminal justice information obtained through criminal background checks. Show less
Socially sensitive court cases are often discussed within the framework of democratic legitimacy. According to critics, problems of democratic legitimacy would not only manifest themselves... Show moreSocially sensitive court cases are often discussed within the framework of democratic legitimacy. According to critics, problems of democratic legitimacy would not only manifest themselves empirically (a lack of societal acceptance), but also normatively (a lack of justification of political power). Against the background of citizens and interest groups aiming to transform a social conflict into a legal one that is suitable for a criminal trial, this paper argues that a third conception of legitimacy is needed: both the common empirical focus on perceived legitimacy, as well as the pure normative focus on objective qualities of powerholders obscure the social dynamics of powerholders making claims to legitimacy and their audiences judging these claims. Drawing on recent theoretical work on legitimacy, this paper argues that democratic legitimacy neither resides in individuals’ minds nor in objective qualities of powerholders. Instead, it will always need to be constructed in a constant dialogue between multiple audiences, who express their problems and conflicts, and powerholders that respond to them within the normative frameworks in which they operate. This dialogic approach to legitimacy thus implies conducting both empirical and normative research. After empirically studying the social practices of claims-making, dialogue and judgment through a media analysis, this paper turns to democratic theory in order to spark our institutional imagination on how to make the responses of courts more democratic, while still accounting for the normative limits in which they operate. Show less
Lenkens, M.; Lenthe, F.J. van; Schenk, L.; Sentse, M.; Severiens, S.; Engbersen, G.; Nagelhout, G.E. 2023
The Netherlands has endorsed a unique system regarding the management, disclosure and screening of criminal records. Disclosure to third parties is strongly restricted, yet all (potential)... Show moreThe Netherlands has endorsed a unique system regarding the management, disclosure and screening of criminal records. Disclosure to third parties is strongly restricted, yet all (potential) employees can request a government agency to provide a risk assessment − known as a Certificate of Conduct (‘VOG’ in Dutch) − for every kind of employment application to determine whether they are fit for a given job. This article explains how and why this Dutch policy approach, deemed respectful of individual privacy rights, can nonetheless go hand in hand with the promotion, proliferation and pervasiveness of criminal record screening. It challenges the often dichotomic approach of the comparative literature on criminal record policies and helps understand that privacy protection alone cannot be fully equated with the rehabilitation and re-entry in society of people with a criminal history. Although the Dutch criminal record system avoids any unnecessary publicity of criminal record data, it nonetheless triggers adverse impairments on reintegration processes through stigmatisation and exclusion resulting from the ubiquitous use of Certificates of Conduct in the labour market. This questions the promotion of the Dutch screening instrument as an exemplary model for criminal record information sharing within Europe. Show less
Commercial sex policies are often at the core of many anti-trafficking efforts, yet rigorous empirical evidence about the effectiveness of these policies in preventing sex trafficking is lacking.... Show moreCommercial sex policies are often at the core of many anti-trafficking efforts, yet rigorous empirical evidence about the effectiveness of these policies in preventing sex trafficking is lacking. In response to ongoing debates about which commercial sex laws and policies would help prevent sex trafficking, we seek to contribute to more nuanced discussions on commercial sex policies in relation to sex trafficking victimizations. The purpose of this essay is to identify the pitfalls in the debate on how to govern commercial sex markets, emphasizing 1) the lack of recognition of the variation in laws and policies on commercial sex; 2) the moral instead of empirical underpinnings of the debate; 3) ambiguous and stigmatizing notions of vulnerability to sex trafficking victimizations; and 4) a continued reliance on a traditional criminal justice system response that may cause harm to victims. We conclude with five premises to promote more nuanced, inclusive, and collaborative debates and governance of commercial sex markets that allow countries and local jurisdictions to move away from response models for which harm-reducing effects are either unknown or refuted. Show less
To limit the collateral consequences of a criminal record, there is increasing attention for ‘evidence of rehabilitation’, which can counterbalance risk factors stemming from a criminal history,... Show moreTo limit the collateral consequences of a criminal record, there is increasing attention for ‘evidence of rehabilitation’, which can counterbalance risk factors stemming from a criminal history, for example when assessing requests for a Certificate of Conduct (‘VOG’ in Dutch). Since screening procedures are often regarded as complex, opaque, ambiguous and inconsistent – also by professionals within the criminal justice system – the authors present a first quantitative analysis of the factors that contribute to the chance of successfully winning a Certificate of Conduct in appeal. Our analysis of all published case law since 2004 (N=383) shows that administrative judges in Certificate of Conduct cases mainly refer to risk factors based on the criminal history: the number and seriousness of the offences and the times lapsed. Protective factors and evidence of rehabilitation play only a marginal role. Moreover, in a significant proportion of cases it remains unclear how relevant factors, such as the applicant’s interest, are weighed, if they are referred to at all. This necessitates not only reconsideration of rehabilitation policy, but also more foreseeability, certainty and transparency in criminal record screening decisions. Show less
Schlette, A.; Coomans, A.; Deuren, S. van; Weijer, S. van de; Blokland, A.A.J.; Eichelsheim, V. 2023
During the COVID-19 lockdown courts tried urgent criminal cases by using videoconferencing technology. Communicating via a screen affects what one can see, hear or feel. This article presents the... Show moreDuring the COVID-19 lockdown courts tried urgent criminal cases by using videoconferencing technology. Communicating via a screen affects what one can see, hear or feel. This article presents the findings of three different studies on the experiences with videoconferencing during the lockdown. A survey among lawyers, a survey among detainees and a Twitter search all indicate that the defendant’s right to effective participation was undermined: connectivity problems harmed the right to attend court and confidential communication between the defendant and his lawyer was impossible.Tijdens de COVID-19-lockdown behandelden rechtbanken urgente strafzaken met behulp van videoverbindingen. Communiceren via een beeldscherm heeft invloed op wat men kan zien, horen of voelen. Dit artikel presenteert de bevindingen van drie verschillende onderzoeken naar de ervaringen met videorechtspraak tijdens de lockdown. Een survey onder advocaten, een survey onder gedetineerden en een zoekactie op Twitter wijzen er allemaal op dat het recht van de verdachte op effectieve participatie werd ondermijnd: verbindingsproblemen hebben het aanwezigheidsrecht onder druk gezet en vertrouwelijke communicatie tussen de verdachte en zijn advocaat was onmogelijk.Show less
Pasma, A.J.; Ginneken, E.F.J.C. van; Palmen, J.M.H.; Nieuwbeerta, P. 2023
Multiagency support is considered crucial in the successful resettlement of prisoners. Various prison-based and community-based professionals should each play a part in supporting prisoners through... Show moreMultiagency support is considered crucial in the successful resettlement of prisoners. Various prison-based and community-based professionals should each play a part in supporting prisoners through the gate regarding employment, housing, financial problems, healthcare or valid identification issues. Yet, little is known about the actual contribution of this support to a better perceived re-entry preparedness among prisoners. To examine the association between professional support and re-entry preparedness, the current study uses self-reported data from 1442 soon-to-be-released prisoners across 26 Dutch institutions. We include general satisfaction with support, and satisfaction with the specific instrumental support received, and compare prisoners who did and did not have reintegration needs prior to imprisonment. Support was positively related to re-entry preparedness for prisoners who had needs prior to imprisonment, and instrumental support from community-based professionals showed the most robust results. The implications and future recommendations are discussed. Show less
Domestic burglary victimization is a potentially traumatic experience, because most people consider their home as an extension of the self and a place where the self is protected against others.... Show moreDomestic burglary victimization is a potentially traumatic experience, because most people consider their home as an extension of the self and a place where the self is protected against others. Intrusions to such a highly valued place are therefore considered as attacks to both one’s personhood and one’s safety and privacy and may render victims at risk of psychological distress. In view of the legal obligations most countries have with regard to screening crime victims for psychological distress, this study systematically reviewed the literature on determinants of psychological distress in domestic burglary victims. Web of Science, EBSCO, and ProQuest databases and reference lists were searched between February and July 2022 to identify relevant studies. In all, 10 studies met all inclusion criteria and were evaluated according to the Cambridge Quality Checklists. These checklists have been developed to assess the methodological qualities of observational research. Findings of included studies suggest that female sex, damages caused by the burglary, and evaluations of the police response are potential determinants of psychological distress. However, given the dearth of research and the old age and theoretical and methodological limitations of included studies, it is too early to draw definite conclusions about the predictive value of these and other factors and to provide directions for screening policies. Future research should use prospective designs to overcome these limitations and ensure that domestic burglary victims at risk of psychological distress are timely referred to adequate professional help services. Show less
