First introduced in the legal literature, the concept of 'outward appearance' (uiterlijke verschijningsvorm) was recognized by the Supreme Court in 1978. Both in legal literature and in case law,... Show moreFirst introduced in the legal literature, the concept of 'outward appearance' (uiterlijke verschijningsvorm) was recognized by the Supreme Court in 1978. Both in legal literature and in case law, the concept was initially developed within the framework of the doctrine of punishable attempt (regulated in article 45 of the Dutch Criminal Code (DCC)). From 2003 onwards, the concept was transferred to the context of other doctrines, such as those relating to ‘conditional intent’/dolus eventualis (voorwaardelijk opzet) (which has no statutory regulation in the Netherlands), punishable preparatory acts (regulated in article 46 DCC) and self-defence (regulated in article 41 DCC). As this concept is used in the context of doctrines which form the core of substantive criminal law, its use can have substantial consequences for the scope of criminal liability. But what is the concept of 'outward appearance' actually and what are these consequences? By analysing the case law of the Supreme Court this research tries to answer these questions. It shows that the concept is linked with the ‘finality doctrine’ (finale handelingsleer). At the same time, it becomes clear that the Supreme Court has nowhere fully embraced this doctrine. 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
The current body of law governing the conduct of police and prosecution during the investigative phase of criminal proceedings encompasses an enormous amount of rules. At the same time, a... Show moreThe current body of law governing the conduct of police and prosecution during the investigative phase of criminal proceedings encompasses an enormous amount of rules. At the same time, a restrained approach with regard to the judicial supervisory role of investigative propriety is visible in case law while it remains unclear whether and to which extent other institutions have a supervisory role in this respect. This research looks at the current system of supervision on police and prosecutorial conduct in the context of criminal law proceedings from the viewpoint of criminal law standard. After all, creating rules for the conduct of law enforcement entails a certain obligation to ensure rule-compliance. After illustrating the complexity of the current legal framework as well as the complexity of reasons underlying its norms, the study focuses on the supervision of the conduct of police and prosecution. Based on the specific characteristics of the current Dutch criminal procedural law, the study develops a framework for an adequate system of supervision. The study then describes how currently supervision on police and prosecutorial conduct is organised and finally evaluates this in light of the requirements of adequate supervision as set out in previous chapter. 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
A stable housing situation is considered to be an important condition for successful reentry after a period in prison. Despite this presumed importance of the housing situation of (ex-)prisoners,... Show moreA stable housing situation is considered to be an important condition for successful reentry after a period in prison. Despite this presumed importance of the housing situation of (ex-)prisoners, relatively few studies have been done on this topic, especially in the Netherlands. This thesis therefore provides insight into the housing andmobility of prisoners and ex-prisoners and their relation with recidivism. To answer research questions about housing, mobility and recidivism, it uses data from the Dutch Prison Project, a longitudinal, nationwide study on the consequences of imprisonment. One of the main findings was the large amount of variation in housing patterns of (ex-)prisoners. Many (ex-)prisoners are homeless once or several times before or after their stay in prison. Homelessness is much more common among (ex-)prisoners than it is in the general Dutch population. Furthermore, ex-prisoners move more often than people without a history of incarceration. Both homelessness and moving seem to increase the chances of recidivism. This study underlined the importance of policymakers focusing on all aspects of housing, in order to achieve the biggest reduction in recidivism. 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
