Overview of criminal justice system in the Netherlands
The criminal justice system of the Netherlands is the system of practices and institutions of the Netherlands directed at upholding social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts. The Netherlands' criminal code is based on the Napoleonic Code, imposed during the time of the French Empire. The Dutch largely kept the Napoleonic Code after their independence, but tempered it with a significantly more rehabilitative penological focus.
Law enforcement in the Netherlands is provided by the national police force. The police make use of over 50,000 individuals, employed in a number of regional and specialist departments. The States General crafts rules to manage the police, while the Minister of Justice and Security is responsible for the central administration of the police. The national police commissioner is vested with the day-to-day management of the police force.
The judiciary comprises eleven district courts, four courts of appeal, two administrative courts (Centrale Raad van Beroep and the College van beroep voor het bedrijfsleven) and a Supreme Court that has 41 judges. All judicial appointments are made by the government. Judges are nominally appointed for life, but in practice retire at age 70. The Council of State is a constitutionally established advisory body to the government, which consists of members of the royal family and Crown-appointed members generally having political, commercial, diplomatic, or military experience. The Supreme Court of the Netherlands is the highest court of the Netherlands, Curacao, Sint Maarten and Aruba. The Court sits in The Hague, Netherlands and presides over civil, criminal and tax-related cases.
Police.
Organization.
From the end of 1945 until 1993, the Dutch police was composed of the "gemeentepolitie" (municipal police) and the "rijkspolitie" (state police). In 1993, the police were reorganised into 25 regional forces and the Dutch National Police Agency (KLPD). In total, the police employ over 40,000 individuals. The 25 regional forces are responsible for police care in their respective region in the Netherlands. Each force comprises a number of regional and specialist departments, such as the Juvenile and Vice Squad, the Criminal Intelligence Service and the Aliens Police. The KLPD is responsible for the supervision and surveillance of the motorways, airways, and waterways, as well as providing security for the Royal Family.
In the event of serious emergencies, the police cooperate with the fire brigade, ambulance service and other government agencies in the security region that corresponds to the police region. The police in a municipality are available 24 hours every day for basic law enforcement. The Dutch government is keen to put more police "on the street." The uniformed policemen on the street are those of the patrol service. Surveillance is frequently done from patrol cars, horses, and motorbikes. Since the early 1990s several police regions have been working with neighborhood teams called neighborhood supervisors.
The States General crafts rules to manage the police, while the Minister of the Interior is responsible for the central administration of the police. One of the burgemeesters in a region is the force administrator. The chief public prosecutor and the force administrator have the ultimate responsibility for the administration of the police force. The regional chief of police however, is vested with the day-to-day management of the police force. When investigating crime, police follow the instructions of the public prosecutor—a member of the Public Prosecution Service. The Public Prosecution Service, under the auspices of the Ministry of Justice, is responsible for maintaining order. Police traditionally carry a baton, handcuffs, and a firearm; regulations are in place restricting the use of violence in general and firearms in particular.
Enforcement.
Basic police work includes responsibility for maintaining a visible presence on the street, on foot, or in a marked car. Police are also responsible for basic detective work, such as investigating thefts and burglaries. Police frequently deal with traffic issues, including those of surveillance, accidents, congestion security, and advising citizens and municipalities. Responsibility also rests with the police to maintain laws and regulations. This may take the form of checking whether foreigners are in possession of the right documents.
In 1970, the police cleared forty percent of all crimes; however since 2005 around 26 percent of crimes were cleared.
Judicial system.
The judiciary comprises 11 district courts, four courts of appeal, two administrative courts (Centrale Raad van Beroep and the College van beroep voor het bedrijfsleven) and the Supreme Court which has 41 judges. All judicial appointments are made by the Government. Judges are nominally appointed for life, but in practice retire at age 70.
The Raad van State (Council of State) is a constitutionally established advisory body to the government, which consists of members of the royal family and Crown-appointed members generally having political, commercial, diplomatic, or military experience. The Council of State must be consulted by the cabinet on proposed legislation before a law is submitted to the parliament. The Council of State Administrative Law section also serves as an appellate court for citizens against executive branch decisions. The King is Chairman of the Council of State, but he seldom chairs meetings. The Vice-Chairman of the Council of State chairs meetings in the King's absence. Under Dutch Constitutional Law the Vice-Chairman of the Council is acting Head of State when there is no Monarch; e.g. if the Royal Family were to become extinct.
For criminal law, the independent Hoge Raad is the highest court of the Netherlands, as well as Aruba, Curaçao and Sint Maarten. The Court was established on 1 October 1838 and sits in The Hague, Netherlands. The jurisdiction of the Supreme Court is limited primarily to civil, criminal and tax-related cases. The Court has the authority to overturn rulings by appellate courts () and therefore establishes case law, but only if the lower court applied the law incorrectly or the ruling lacks sufficient reasoning; facts are no longer subject of discussion. The Court may not rule on the constitutionality of laws passed by the States-General and treaties. Hence the Netherlands has no constitutional court.
Penal system.
History of Dutch penology.
The origins of the current Dutch criminal code date back to 1811 when the Netherlands was incorporated into the French Empire. After the Dutch gained independence, the Napoleonic Code was largely kept but the philosophy underlying these criminal sanctions changed. Specifically, a more humane system replaced Criminal Justice System of France. Nineteenth century Dutch prisons did not distinguish between adult and juvenile offenders; offenders regularly resided in common quarters. Subsequent to Dutch independence, these practices grew out of favour as they failed to conform to the Dutch conception of punishment. A group of concerned citizens assembled the Dutch Association for the Moral Improvement of Prisoners to combat the frequently harsh prison environment. The organisation's focus was to make prisons more humane by advocating training for offenders, specifically that of a religious and educational nature. These rehabilitative goals persisted well into the 20th century.
The origins of Dutch juvenile penology lay in the extensive welfare system developed in the 16th century. In preindustrial Dutch society, child upbringing was the responsibility of the parents, not the state. This meant that the state did not intervene in issues classified as the responsibility of the family. However, when children moved out of the home and into the factory, the state asserted a greater interest in their well-being. As the state's interest in youths grew, Dutch society implemented an educational and rehabilitative system to nurture that interest. From the late 19th century to early 20th century, a variety of practices were created to stress a rehabilitative model for juveniles. The 1901 Penal Children's Act highlighted this trend by requiring the rehabilitation of delinquent children. Consequently, youth was now perceived as a mitigating factor in sentencing, and the death penalty for juveniles was abolished. This Act also reduced the formality of the hearings, in favour of increased privacy for the juvenile. The state's increased paternalistic role led to the pursuit of a welfare penological philosophy model. The state was now asserting its right, as parens patriae, to ensure the proper civilisation of its youth. This new system infringed on the once unfettered access parents had to raise their children. For example, now, parental abuse and maltreatment of children could result in the temporary elimination of their rights. Actions taken by the criminal justice system were charged to be “in the best interest of the child.”
In 1967, the United States Supreme Court case In re Gault triggered a shift in juvenile criminal justice ideology. The American decision played a large role in intellectually influencing Dutch penology. Gault fundamentally changed the penological landscape because the decision mandated an extension of due process rights to juveniles. This shift in ideology saw juveniles as a source of rights; and from that point on, the once virulent dividing line between juvenile and adult penology faded. The intellectual groundwork underlying Gault helped catalyze an insurgence of retributive principles, which influenced the penological debate in the Netherlands. Principles of proportionality permeated into the system as policies which previously advocated the rehabilitation of juvenile delinquents grew to disfavour. These principles theorised that because juveniles possess free will, they should therefore be responsible for the choices that they make in life. Accordingly, concerns over the reintegration of offenders into society should be subordinate to ensuring that offenders receive their "just deserts". These retributive principles marked a sharp divergence from the rehabilitative and therapeutic philosophies that preceded them. This sharp ideological divergence transformed Dutch prosecutorial charging guidelines. Prior to Gault, prosecutors typically dropped charges in cases of petty offences. In fact, historically, three-quarters of all recorded offences in the Netherlands were eventually dismissed. After the United States Supreme Court's 1967 decision however, the Dutch reversed course; prosecutors dramatically decreased the number of routine dismissals.
Sanctions in adult penology.
Fines and transactions.
The most often used Dutch sanction is the fine. The fine's popularity stems from the 1983 Financial Penalties Act (FPA), which stresses the use of the fine over that of incarceration. Dutch courts imposed the fine in 51,280 cases, representing approximately one-third of all sanctions. Section 24 of the FPA stresses that a court should consider an offender's ability to pay and the nature of the crime when deciding on an appropriate amount of the fine. Despite the fine's popularity in the Dutch system, a substantial number of fines go unpaid every year. Similarly, transactions play a large role in the sentencing protocol of the Netherlands. A transaction is a sanction whereby the offender is required to pay a fine or assume certain financial conditions. Transactions are popular in the Netherlands because they provide an alternative sanction to punish offenders without congesting the jails. Specifically, transactions permit an offender to pay a fine to avoid further prosecution. Prosecutors have tremendous discretion to dispose of crimes through the use of transactions. However, transactions can only be offered in cases where the maximum statutory prison sentence is less than six years. Approximately 90% of crimes can be appropriately disposed of via a transaction. Yet, in practice, roughly 30% of all cases are settled through the use of a transaction, with prosecutorial guidelines established to minimise arbitrariness. Transactions provide an opportunity for offenders to forgo the stigmatisation that results from the more traditional disposition of cases. Critics however allege that transactions coerce the arrested to forgo the procedural safeguards required by trials. As a result, they contend arrested individuals may plead to crimes they did not commit because the risk of conviction outweighs the transaction fee.
Semi-indeterminate detention.
A semi-indeterminate detention of offender (TBR order) is a sanction ordering the placement of an offender in a secure clinic for an indeterminate period of time. The frequent use of these TBR orders exemplified the rehabilitative culture of the Netherlands following World War II. In 1955 alone, one-third of all incarcerated prisoners were in mental institutions. Critics lamented their overuse, and argued the Dutch rehabilitative philosophy permitted any offence to be sanctioned by a TBR order. A shift in penological philosophy over the next two decades dramatically decreased the use of TBR orders; by 1970, only one-tenth of all incarcerated prisoners occupied mental institutions.
Incarceration.
The Custodial Institutions Agency is responsible for the incarceration of adults in the Netherlands.
The Netherlands has a much lower prison population rate than The United States. America's prison occupancy level is at an extreme 103.9%, while the Netherlands prison occupancy is a mere 68.1%. The Netherlands