Background: Brazilian drugs law and policy used to focus on prohibition of drug use. In 2006, inspired by theDutch harm reduction approach, Brazil adopted Law 11.343/06, a new drugs law focused at... Show moreBackground: Brazilian drugs law and policy used to focus on prohibition of drug use. In 2006, inspired by theDutch harm reduction approach, Brazil adopted Law 11.343/06, a new drugs law focused at harm reduction.Dutch harm reduction is characterized by a distinction between users and traffickers of drugs, and by a distinction between drug markets (soft drugs and hard drugs). Notwithstanding the new drugs law, some Brazilian scholars claim that Brazil still favors prohibitionism towards drug use. The current study investigates the extent to which the Dutch harm reduction approach is reflected in Brazilian law and practice.Methods: First, a documentary analysis of the Brazilian law and policy documents is performed to see whether they incorporate the distinctions between actors and markets. Second, a case law analysis of 102 judicial decisions delivered by the Rio de Janeiro courts of appeal was conducted to investigate to what extent judges refer to aspects of the harm reduction approach.Results: Findings of this study indicate that law and policy documents now indeed separate users from traffickers, but soft drugs are not separated from hard drugs. Moreover, where the distinction between users and traffickers in the Dutch law is solely based on the quantity of seized drugs, the Brazilian judge has large discretionary powers to decide whether the suspect is a user or a trafficker.Conclusion: The Brazilian legal system has partially incorporated the Dutch harm reduction approach. The law distinguishes users from traffickers, but does not prescribe criteria to make the distinction. The lack of objective criteria by Brazilian law and policy reflects in subjective and inconsistent decisions delivered by the courts, which impairs an approach of harm reduction towards drug users. Show less
The Violent Offences Compensation Fund’s decision-making practice: A qualitative study into the evaluation of requests for compensation Victims who suffer severe damages due to the act of a... Show moreThe Violent Offences Compensation Fund’s decision-making practice: A qualitative study into the evaluation of requests for compensation Victims who suffer severe damages due to the act of a violent crime can request state compensation from the Dutch Violent Offences Compensation Fund (VOCF). VOCF workers who decide on these requests use their discretionary powers to translate the VOCF’s rules and policy into concrete actions. This study investigated (1) to what extent these VOCF workers match Lipsky’s definition of street-level bureaucrats and (2) what routines and heuristics they use to deal with time and information constraints. On the basis of document analysis and interviews, we found that the decision makers of the VOCF can to a certain extent be seen as street-level bureaucrats. To make decisions timely, some of them use routines such as the ‘downstream orientation’. This means that they award requests for compensation if they think that the applicant would be able to successfully contest a rejecting decision. To deal with a lack of information, they sometimes include a review clause in the text of a rejection decision. The use of heuristics was not found among the lawyers who decide in first instance, but in case of appeal hearings heuristics such as the affect and representativeness heuristic seem to play a role in the decision-making process. Future research should investigate whether these routines and heuristics lead to disparities in outcomes. Show less
Exodus is an organization aimed at assisting prisoners at their transition to society. In the Exodus halfway houses participants receive help in finding a house and a job, in improving... Show moreExodus is an organization aimed at assisting prisoners at their transition to society. In the Exodus halfway houses participants receive help in finding a house and a job, in improving relationships with family and friends and in giving meaning to life. This study uses a quasi-experimental design to investigate whether participating in the Exodus program reduces reoffending: the observed reoffending rate is compared to the reoffending rate that was predicted based on characteristics of the participants. The findings show that two years after leaving Exodus, 46.5% of the participants reoffended. This is 4.1 percent point less than the total population of former prisoners and 4.6 percent point less than the predicted reoffending rate. Show less
On July 1st 2016 a law entered into force that gives the victim or survivors of serious crimes the right to speak unrestrictedly in court. Where the victim or survivors used to be only permitted... Show moreOn July 1st 2016 a law entered into force that gives the victim or survivors of serious crimes the right to speak unrestrictedly in court. Where the victim or survivors used to be only permitted to make a statement on the consequences of the crime for them, the recent amendment of the law permits them to speak about the evidence, the legal qualification of the crime, the culpability of the offender and the appropriate punishment as well. Discussions on the introduction or extension of the victim’s right to speak mainly focused on the consequences of victim statements on the procedural consequences and on the consequences for the victim. Little attention is paid to the consequences for the offender. This article reports the findings of a systematic literature review on the relation between a victim statement and the imposed punishment. The findings from the American studies show that a victim statement aggravates sentencing outcomes. How desirable is that? For answering that question, more research is needed, which the legislator has not wanted to wait for. Show less
