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
Because of the development of the internet and the associated digital opportunities, the crimes of possession and distribution of child sexual abuse material (CSAM) have gone through tremendous... Show moreBecause of the development of the internet and the associated digital opportunities, the crimes of possession and distribution of child sexual abuse material (CSAM) have gone through tremendous changes and developments over the last decennia. Nowadays, many CSAM offenders access and distribute CSAM through the Darkweb, the hidden and encrypted part of the internet. This book offers a description of the criminal process and the organization of CSAM fora on the Darkweb. Moreover, it describes how ‘keyplayers’ on such fora can be identified, and distinguishes various profiles and behavioral patterns of offenders active on Darkweb CSAM fora. Finally, the book describes how trust on the online fora is established. The studies described in this book provide an important, evidence-based contribution to the current knowledge on online CSAM offending. Extensively discussing practical implications for law enforcement and other professional organizations, this book is of relevance to academics as well as practitioners. Show less
One of the few ways individuals can have meaningful contact with the outside world while incarcerated is through prison visits. Prison visitation has steadily gained academic attention in the past... Show moreOne of the few ways individuals can have meaningful contact with the outside world while incarcerated is through prison visits. Prison visitation has steadily gained academic attention in the past decade as theoretical accounts highlight that receiving visits in prison is beneficial and empirical studies largely reinforce this, leading to increased calls for stimulating prison visits. Yet not all results lead to unequivocal conclusions, and little is known about whether, how often, and from whom individuals receive visits and under which circumstances visits affect behavior, especially across different contexts and populations. Work on this topic is complicated as visitation is a heterogeneous experience and the social and incarceration contexts in which visits take place are complex. By taking a comprehensive approach and using multifaceted measures of visitation from several sources, the current dissertation furthers our understanding of prison visitation, its impacts, and its likelihood across people. This dissertation demonstrates that a substantial number of individuals do not receive visits in Dutch prison. While some individuals are less likely to receive visits, this dissertation finds that prison policies can also enable or hinder the receipt of visits. Receiving visits is not always positive for life in prison, but receiving frequent visits, especially before release, seems important for reentry success. Show less
We know that most persistent offenders who cause considerable damage to society showed delinquent behavior in childhood. However, the long-term development of childhood arrestees is not well... Show moreWe know that most persistent offenders who cause considerable damage to society showed delinquent behavior in childhood. However, the long-term development of childhood arrestees is not well understood as longitudinal data are largely lacking. Dothese high-risk children develop long-term offense patterns? Or are even the youngest children with a police contact capable of growing into law abiding adults? Or is it both? And, in case of the latter, which childhood arrestees stop showing delinquent behavior, and which children persist in crime into early adulthood? By providinginsight into the long-term development of offending of childhood arrestees, and uncovering its explanatory factors, the current thesis improves our understanding of the delinquent development in this high-risk offender group.The current thesis reveals that, in contrast to popular belief, childhood arrestees are not predestined to develop persistent delinquent behavior, as most children are not re-arrested between the age of 12 and 25. Recidivists display heterogeneity in their re-offense patterns, with only a small group of children developing into persistent offenders. Accounting for simultaneous risk exposure across life domains proved necessary to explain why childhood arrestees follow one trajectory over another. Problems in multiple life domains were found to predict persistent offense patterns. Show less
Collective violence offenders usually do not have a criminal record. In earlier research, the emphasis in explaining collective violence has been on the relationships between the groups involved in... Show moreCollective violence offenders usually do not have a criminal record. In earlier research, the emphasis in explaining collective violence has been on the relationships between the groups involved in collective. This thesis argues that individual characteristics cannot be ignored. A part of collective violence offenders (approximately 10 percent) appear to have come into contact with the police from an early age on due to violence, committed both alone and in groups. Moreover, certain psychological characteristics - such as problems with impulse control, ADHD and aggression regulation problems - are more common in this group than among other collective violence offenders. In short: for some of involved in collective violence, taking part seems to be prompted not only by the situation but also by individual characteristics which manifest themselves in such situations. To date, the role of individual characteristics has only been examined to a limited extent, based on the idea that this does not do justice to the context in which collective violence manifests itself. The findings of this research argue for nuance in the scientific debate. When explaining collective violence, attention should be paid to the mutual relationships between the groups involved, the applicable "values" within specific offender groups (such as hooligans) and individual characteristics. Show less
Although human rights have been heralded as the great hope for contemporary pursuits of equality and justice, they are increasingly challenged by present-day globalisation developments. This... Show moreAlthough human rights have been heralded as the great hope for contemporary pursuits of equality and justice, they are increasingly challenged by present-day globalisation developments. This includes the outsourcing of control to private actors and third states as well as the redrawing of membership categories through ‘crimmigration’ strategies. Looking at migration detention and imprisonment, this book examines to what extent human rights can remain of relevance as a protection framework where such globalisation trends occur. It does so by focusing on macro-level developments as well as on two case studies concerning Australia/Nauru and Norway/the Netherlands. Likening human rights to elephants, both being majestic yet critically endangered, the book argues that an interdisciplinary approach to human rights is long-overdue. Based on analysis of globalisation developments and the veracity and resilience of international human rights law instruments, including the ECHR and ICCPR, it presents an innovative multidimensional framework of protection that incorporates not only the value of human rights law, but also that of human rights morality, protest, and discourse. The book therewith positions human rights analysis squarely at the crossroads of law and social science, giving rise to both hope and concern for the future of the human rights project. Show less
Border control has changed significantly in recent decades. Whereas globalisation appear s to have diminished the relevance of international borders, states have simultaneously sought ways to... Show moreBorder control has changed significantly in recent decades. Whereas globalisation appear s to have diminished the relevance of international borders, states have simultaneously sought ways to regain some form of control over cross-border mobility. In this process, alternative and novel means of border enforcement have emerged. What do these bordering practices look like? How are they implemented on the ground and experienced by those subjected to them? These are the main questions this dissertation aims to answer. To that end, it looks at bordering practices in the Netherlands through the lens of crimmigration, the term used to refer to the growing merger of criminal justice and migration control. Relying on extensive empirical fieldwork – including observations, focus group discussions, surveys, and in-depth interviews – the dissertation examines two border ing practices: intra-Schengen migration policing and the punishment and deportation of criminally convicted non-citizens. The different empirical chapters highlight the various ways these contemporary bordering practices are shaped by and in their turn shape the criminal justice system, and how this ultimately results in considerable challenges for the legitimacy of both the migration control and the criminal justice system. Show less
In the past decades a growing body of literature has been dedicated to explain desistance from offending behaviour, or to answer the question why some offenders quit crime and others do not.... Show moreIn the past decades a growing body of literature has been dedicated to explain desistance from offending behaviour, or to answer the question why some offenders quit crime and others do not. Currently, more psychological explanations infuse a prominent line of research emphasizing the importance of subjective, individual factors coming from within the offender, such as developing a new sense of self-identity. The aim of this study was to gain more insight into different dimensions of desistance, focusing on two aspects of identity: future expectations and conventional aspirations, and investigated how these related to (non-)criminal behaviour over time. Furthermore, this study examined how the parole experience interacted with the different dimensions of desistance. This qualitative, longitudinal study followed 28 male prisoners serving a long-term sentence in the Netherlands during their transition from prison to society. Findings illustrated the importance of individual factors such as believing in one’s own abilities in the context of pre-release expectations, the lack of conventional scripts and role models, and the contribution of parole supervision to the desistance process. Yet, it also revealed the pain of failure for men attempting to refrain from crime, mostly relating to structural support such as employment or housing issues. Show less
Controlling mobilities in the EU is increasingly depending on information and information technology. Abolishing permanent border control between Schengen Member States has created the dilemma... Show moreControlling mobilities in the EU is increasingly depending on information and information technology. Abolishing permanent border control between Schengen Member States has created the dilemma of economic benefits versus security issues of the freedom of movement. The solution to this issue is often sought in the development and implementation of information technology. While expectations of information and information technologies are high, empirical research on how such border technologies are used in practice is scarce and subsequently little is known about to what extent the envisioned benefits are actually achieved. This dissertation aims to gain more insight in the use of information and information technology in controlling mobilities in intra-Schengen border areas by using a case study of the Mobile Security Monitor as carried out by the Royal Netherlands Marechaussee. Through extensive observations of border checks, focus groups with border patrol officers, interviews with Marechaussee staff members, discourse analysis of political debates and policy documentation and quantitative data, this dissertation aims to gain insight in the decision-making process on the political, organizational and street-level and the role of information and information technology therein. Show less
It seems that repeat crime victims are less likely to offer their cooperation to the police than victims who were victimized only once. This dissertation seeks to understand why this may be the... Show moreIt seems that repeat crime victims are less likely to offer their cooperation to the police than victims who were victimized only once. This dissertation seeks to understand why this may be the case and examines what crime victims value in their contact with the police. The findings reveal that crime victims are not only interested in a fair treatment, but also in investigative activities that the police may perform to solve their case. Both are important to them, because it makes them feel that they and their case are being taken seriously. Evaluations of the police response have important consequences for both perceived police legitimacy and willingness to cooperate with the police. Negative evaluations of the police response, particularly concerning a lack of investigation activities, could have detrimental effects. This applies especially to victims of violent crimes that know their offender. As a consequence, some of them may not only become reluctant to cooperate with the police, but also develop feelings of vigilantism. To prevent repeat crime victims from evading the criminal justice system it is, therefore, of utmost importance that the police avoids negative evaluations as much as possible. Show less
Het recht van de Europese Unie beïnvloedt direct en indirect de reikwijdte van strafrechtelijke aansprakelijkheid in Nederland. Die beïnvloeding heeft betekenis voor het materieelrechtelijk... Show moreHet recht van de Europese Unie beïnvloedt direct en indirect de reikwijdte van strafrechtelijke aansprakelijkheid in Nederland. Die beïnvloeding heeft betekenis voor het materieelrechtelijk legaliteitsbeginsel. In dit boek wordt onderzocht hoe het legaliteitsbeginsel invulling krijgt in de context van het meerlagige Europees strafrecht en wat de implicaties van die invulling zijn voor het waarborgen van rechtszekerheid en machtsverdeling. Het boek bevat daartoe een analyse van de jurisprudentie van het Hof van Justitie over de deelnormen van het legaliteitsbeginsel en van de verplichtingen voor de Europese en Nederlandse wetgever en rechter die het Hof van Justitie afleidt uit die deelnormen. In het licht daarvan wordt onderzocht op welke wijze de Nederlandse wetgever en rechter invulling geven aan het legaliteitsbeginsel in het Europees strafrecht. Show less
The rise of ISIS and the recent terrorist attacks in Europe have raised a collective alertness for a potential terrorist attack. The presence of jihadist networks in the Netherlands, and the... Show moreThe rise of ISIS and the recent terrorist attacks in Europe have raised a collective alertness for a potential terrorist attack. The presence of jihadist networks in the Netherlands, and the significant outflow of young people to conflict areas in the Middle East to join the jihad, have greatly enhanced this anxiety. But how are these networks organized and how do they prepare their jihad? How do people get involved in jihadist networks and how important is ideology in that regard? Answering such questions will help to understand how jihadist networks operate, which can be useful knowledge for policy makers and practitioners who aim to counter terrorist threats. Using unique data from police files, interviews, and trial observations, while utilizing different analytical methods, this study provides an in-depth insight into the modus operandi of jihadist networks in the Netherlands. The findings show how jihadist networks have changed over the years and how this development has affected the way jihadists operate. Show less
Why do certain incidents of serious violence end lethally whereas others do not? What role do personal characteristics of offenders and victims play and how do immediate situational factors... Show moreWhy do certain incidents of serious violence end lethally whereas others do not? What role do personal characteristics of offenders and victims play and how do immediate situational factors influence outcomes? So far, these questions have not been subjected to much empirical scrutiny in criminological studies. This study, conducted in the Netherlands, seeks to answer these questions by explicitly comparing violent events that ended lethally with those that ended non-lethally. By taking into account offenders’ and victims' personal characteristics as well as immediate situational factors, it offers a more complete understanding of differences in outcome. It shows that immediate situational factors contribute more significantly to the outcome of violent incidents than generally thought. The study also presents an overview of murder and manslaughter in the Netherlands and puts these figures into international perspective. A separate chapter compares different types of violent events. The findings provide crucial criminological insights which may also guide effor ts to reduce and prevent violent events from ending lethally in the future. Show less
The sentencing decision of the judge might be the most important decision in the criminal proceedings, not only because of the impact the punishment has on the offender, but also because the... Show moreThe sentencing decision of the judge might be the most important decision in the criminal proceedings, not only because of the impact the punishment has on the offender, but also because the sentencing decision is a cornerstone of the legitimacy of the entire criminal justice system. Nonetheless, there still are questions about the factors judges take into account when making their sentencing decision. This study aims to improve our understanding of the sentencing decisions judges make.The developments in criminal justice practices as regards the emergence of ‘actuarial justice' have directed the focus of this study to risk-based sentencing: are offenders with a high risk of reoffending more likely to be sentenced to imprisonment and to longer prison terms than low-risk offenders? To what extent do judges take information into account on the risk-related personal characteristics of the offender, such as unemployment, ties to family or friends, or drug usage, when making their sentencing decision?Using uniquely detailed data on risk-related social circumstances of the offender, and advanced quantitative and qualitative research methods, this study provides in-depth insight into sentencing.De straftoemetingsbeslissing van de rechter is misschien wel de belangrijkste beslissing van het strafproces. Hier wordt immers besloten welke consequenties het delict voor de dader heeft. Bovendien beoordeelt de samenleving het functioneren van de rechterlijke macht ook in hoge mate op basis van de opgelegde straffen Straftoemeting is daarmee niet alleen relevant vanwege de impact die een sanctie op de dader heeft, het is ook een belangrijke pijler voor de legitimiteit van het hele straf(proces)recht. Desalniettemin is er nog veel onbekend over de wijze waarop rechters de straf toemeten: welke factoren weegt hij mee? Waarom? Door in te gaan op deze vragen beoogt deze studie de kennis over de rechterlijke straftoemetingsbeslissingen te verbeteren. Speciale aandacht gaat uit naar de effecten van risico-gerelateerde kenmerken en sociale omstandigheden van de dader. In Hoofdstuk 2 wordt onderzocht in hoeverre straftoemetingsverschillen op grond van het geslacht, de leeftijd en de herkomst van de dader verklaard kunnen worden door verschillen in sociale omstandigheden van de dader, zoals werkloosheid of verslaving. De sociale omstandigheden van daders blijken belangrijke straftoemetingsfactoren te zijn, maar ook als die in het model opgenomen worden zijn er nog verschillen in straffen op basis van geslacht, leeftijd en herkomst van de dader. Hoofdstuk 3 gaat in op de vraag: in hoeverre versterkt een gestructureerd RISc-voorlichtingsrapport risk based straftoemeting? Een voorlichtingsrapport dat gebaseerd is op een gestructureerd, klinisch risicotaxatie-instrument - een kenmerk van het risicomanagement van de new penology - blijkt niet tot meer risk based straftoemeting te leiden. Rechters lijken risicofactoren bij daders eerder als strafverlagende omstandigheden te beschouwen. Het oude penal welfarism lijkt dus niet vervangen zijn door de new penology. In hoofdstuk 4 worden opvattingen van rechters over het recidiverisico als straftoemetingsfactor onderzocht. De geïnterviewde rechters geven aan dat daders met een hoog recidiverisico niet per definitie een grotere kans op gevangenisstraf hebben, maar wel op voorwaardelijke straffen met gedragsinterventies als bijzondere voorwaarden: aan deze daders dient immers ‘gesleuteld' te worden. Echter, dit geldt niet meer voor daders die kansen die zij bij eerder opgelegde sancties kregen niet gegrepen hebben. Eerdere straffen, met hun stijgende sanctielijn, spelen hier een belangrijke rol. In hoofdstuk 5 wordt onderzocht welke factoren een rol spelen bij de bestraffing van moord en doodslag. Factoren die nauwelijks eerder bestudeerd zijn, zoals delictomstandigheden (locus delicti en modus operandi), slachtofferkenmerken en de strafeis helpen de verschillen in straftoemeting te verklaren. Hoofdstuk 6 betreft de vraag in hoeverre conclusies van straftoemetingsonderzoek dat zich uitsluitend op de onvoorwaardelijke gevangenisstraf richt veranderen als ook andere onvoorwaardelijke en voorwaardelijke sancties in het onderzoek betrokken worden. Daders kunnen immers wel eens minder punitief behandeld worden voor wat betreft het ene sanctietype, maar juist punitiever voor wat betreft het andere sanctietype. Er lijkt inderdaad sprake te zijn van uitruiling van straffen. Toekomstig straftoemetingsonderzoek doet er daarom goed aan nieuwe methoden te ontwikkelen waarin de straftoemetingspraktijk beter tot zijn recht komt. In de conclusie wordt gereflecteerd op de rol van het recidiverisico bij de straftoemeting. Theoretische en praktische implicaties worden besproken en methodologische overwegingen en suggesties voor toekomstig onderzoek worden uiteengezet. Show less
Practically all prisoners eventually return to free society. Considering their high rates of subsequent recidivism, more insight into post-prison circumstances is vital. Such knowledge is scarce,... Show morePractically all prisoners eventually return to free society. Considering their high rates of subsequent recidivism, more insight into post-prison circumstances is vital. Such knowledge is scarce, and it also remained unclear thus far to what extent imprisonment caused these individuals to lose their integration with the community. Scholars, professionals and prisoners themselves note that the path to a successful reentry critically depends on the transition to employment. Yet, imprisonment bars offenders from employment during imprisonment and might also limit their post-prison employment prospects. Using data of the Prison Project – a longitudinal study of almost 2,000 prisoners – this thesis examines men’s labor market experiences before and after imprisonment and studies whether recidivism risks are lower among employed versus unemployed ex-prisoners. The results show that most prisoners face a severe human capital deficit even long before they enter prison. After release many remain unable to (re)integrate into the labor market. Only longer spells (exceeding six months) seem to further deteriorate the already poor employment prospects. Among working ex-prisoners, those who are able to return to a previous employer or hold down their job during the first half year following release recidivate significantly less. Show less
Legal actors typically decide case by case and rely on their own knowledge and experience to make legal decisions. However, an overview of what is happening in the legal system as a whole is... Show moreLegal actors typically decide case by case and rely on their own knowledge and experience to make legal decisions. However, an overview of what is happening in the legal system as a whole is often lacking. While many sentences are imposed by legal actors, much remains unknown about the determinants and consequences of sentencing at the aggregate level. How can legal actors impose deliberate and effective sentences? The Dutch Penal Code and the Code of Criminal Procedure obviously give some guidance, but also leave judges with high levels of discretion. This study zooms in on offender characteristics as determinants of sentencing decisions and addresses questions about the consequences of certain sentences on criminal behavior with a specific focus on the incapacitation effect and recidivism after specific sanctions. By focusing on the determinants of decisions at different points in the sentencing process, and on the effects of sentences, this study creates a better understanding of the different facets of the criminal justice system. This study reveals offender based disparities in contemporary sentencing practices and points out that certain intended future benefits in terms of crime reduction through punishment do not appear to be achieved. Show less
Only fifteen years ago, measures against antisocial behaviour on the street (ASB) were on the fringe of crime policies. Now this kind of behaviour is the focus of many new anti-crime actions. If... Show moreOnly fifteen years ago, measures against antisocial behaviour on the street (ASB) were on the fringe of crime policies. Now this kind of behaviour is the focus of many new anti-crime actions. If this sort of sub-crime is addressed as a major security problem what does that say about the current Dutch crime policy climate? Are young people terrorising the streets? Why do Dutch politicians think a fight against them is needed? What do the media say? And what does the public think? These descriptive questions fit within the recent criminological debate on shifting crime policies and the ideas of David Garland on a Culture of Control. This study zooms in on local developments, addressing the raised questions and analysing the Dutch judicial, political, media en public discourse on ASB. Dutch politicians regularly refer to English ASB measures as a recipe for success. By comparing the UK with the Netherlands, a deeper understanding of the construction of Dutch crime policies is created. This study reveals the assumptions that structure political decisions to tackle ASB, presents a balanced picture of the alleged pressing problem of ASB and identifies divergent currents in the Culture of Control. Show less
Why can vigilantes count on public support? Why do citizens in certain cases oppose the formal prosecution and punishment of vigilantes? Are such reactions an indication of lacking confidence in... Show moreWhy can vigilantes count on public support? Why do citizens in certain cases oppose the formal prosecution and punishment of vigilantes? Are such reactions an indication of lacking confidence in the criminal justice system? Or do situational aspects perhaps also play a role? The goal of this dissertation is to explain public support for vigilantism. In two studies, respondents were presented with a fictional case about vigilantism and answered related questions. The findings of both studies show that support for vigilantism cannot be interpreted automatically as a sign that confidence in the criminal justice system is lacking: situational characteristics have an independent influence on support. The results also reveal that support for vigilantism is a complex concept. People are not simply for or against vigilantism; responses to vigilantism are more nuanced. People can for instance feel little empathy for the victim of vigilantism, but at the same time express a desire for punishment of the vigilante. Additionally, a higher level of confidence in the courts and criminal justice system led to less support for vigilantism, while confidence in police did not play a role. Lastly, general support for vigilantism was an important predictor of support for a specific case. Show less
The thesis deals with the history of terrorism and counter-terrorism legislation, focussing on the legislation in the UK, Spain, Germany and France, in the last 30 years, and analysing its... Show moreThe thesis deals with the history of terrorism and counter-terrorism legislation, focussing on the legislation in the UK, Spain, Germany and France, in the last 30 years, and analysing its compatibility with national and European human rights standards. Show less
Many decisions in the legal system are based on eyewitness evidence. It seems to be a matter of common sense that the level of confidence expressed by a witness can be used as a diagnostic tool to... Show moreMany decisions in the legal system are based on eyewitness evidence. It seems to be a matter of common sense that the level of confidence expressed by a witness can be used as a diagnostic tool to discriminate between accurate and inaccurate memories. Contrary to this general belief, the bulk of empirical evidence collected in laboratory and field experiments over the past 25 years indicates that the relationship between confidence and accuracy is far from perfect. The central focus of this dissertation is on the accuracy of eyewitness memory, and especially on the relationship between accuracy and confidence (i.e., the subjective judgment of accuracy). To enhance the ecological validity of the laboratory studies, we used a method that allowed us to determine accuracy and confidence scores for the recall of details of complex naturalistic events. The first three chapters are experiments from the laboratory testing the effect of repeated retrieval, retention interval and repeated misleading questioning. The fourth chapter is a case study in which real live witnesses of a robbery on a supermarket were interviewed. Our findings show a clear and consistent relationship between confidence judgements and the actual accuracy of memories. With some caution, confidence may be used as a partial indicator of accuracy, especially during the early stages of an investigation. Unfortunately, however, there always remain incorrect items that are given the maximum confidence score. That is the reason why no single witness statement can be accepted as certainly correct, based on confidence alone. Show less
