Pub Date : 2023-04-24DOI: 10.1163/15718174-bja10040
Matthias van Hall
While about 1,900 Dutch prisoners are detained abroad annually, current knowledge on this group of prisoners is often limited to descriptions about their background characteristics and conditions in foreign detention. Previous research has highlighted the relatively high average age of Dutch prisoners at entrance in foreign detention. The current study examines whether reoffending behavior differs across three groups of prisoners: younger prisoners (aged between 18–30 years), middle-aged prisoners (aged between 31–45 years), and older prisoners (46 years or older). Using registration and reconviction data, the results demonstrate that middle-aged prisoners form the largest group. Furthermore, the results indicate that younger prisoners are more likely to reoffend after release from foreign detention compared to other subgroups.
{"title":"Examining the Role of Age at Entrance in Foreign Detention for Dutch Prisoners’ Reoffending Behavior After Release","authors":"Matthias van Hall","doi":"10.1163/15718174-bja10040","DOIUrl":"https://doi.org/10.1163/15718174-bja10040","url":null,"abstract":"\u0000While about 1,900 Dutch prisoners are detained abroad annually, current knowledge on this group of prisoners is often limited to descriptions about their background characteristics and conditions in foreign detention. Previous research has highlighted the relatively high average age of Dutch prisoners at entrance in foreign detention. The current study examines whether reoffending behavior differs across three groups of prisoners: younger prisoners (aged between 18–30 years), middle-aged prisoners (aged between 31–45 years), and older prisoners (46 years or older). Using registration and reconviction data, the results demonstrate that middle-aged prisoners form the largest group. Furthermore, the results indicate that younger prisoners are more likely to reoffend after release from foreign detention compared to other subgroups.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41620699","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-24DOI: 10.1163/15718174-31010001
Elisabeth Martin
{"title":"New Criminological Literature in Europe","authors":"Elisabeth Martin","doi":"10.1163/15718174-31010001","DOIUrl":"https://doi.org/10.1163/15718174-31010001","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134955027","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-24DOI: 10.1163/15718174-bja10041
Jeanette Satink, P. Schuyt, Mirjam P. Sombroek
This article analyses the scope of the responsibility of the State to ensure access to criminal justice for child victims of parental violence from a children’s and human rights perspective and how this would serve the best interests of the child before, during and after criminal proceedings. The purpose of this article is to establish a human rights framework to promote better understanding of the multi-faceted problems inherent in the combat of parental violence by means of the criminal justice system, articulate obligations imposed upon States and facilitate a holistic approach. The article also explores to what extent the Netherlands, presented as a case study, meets the obligation to provide child victims of parental violence with access to criminal justice and whether there is a need to re-evaluate the role of criminal law in combating parental violence in the Netherlands.
{"title":"A Re-Evaluation of the Role of Criminal law in Combating Parental Violence in the Netherlands","authors":"Jeanette Satink, P. Schuyt, Mirjam P. Sombroek","doi":"10.1163/15718174-bja10041","DOIUrl":"https://doi.org/10.1163/15718174-bja10041","url":null,"abstract":"\u0000This article analyses the scope of the responsibility of the State to ensure access to criminal justice for child victims of parental violence from a children’s and human rights perspective and how this would serve the best interests of the child before, during and after criminal proceedings. The purpose of this article is to establish a human rights framework to promote better understanding of the multi-faceted problems inherent in the combat of parental violence by means of the criminal justice system, articulate obligations imposed upon States and facilitate a holistic approach. The article also explores to what extent the Netherlands, presented as a case study, meets the obligation to provide child victims of parental violence with access to criminal justice and whether there is a need to re-evaluate the role of criminal law in combating parental violence in the Netherlands.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49186359","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-04-24DOI: 10.1163/15718174-31010000
{"title":"Front matter","authors":"","doi":"10.1163/15718174-31010000","DOIUrl":"https://doi.org/10.1163/15718174-31010000","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134955028","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-03-03DOI: 10.1163/15718174-bja10039
Piet Hein van Kempen, Masha Fedorova
Several EU states have shown initiatives towards a more lenient approach to the regulation of cannabis cultivation and trade for recreational use. One possibility that is being investigated is whether a national regulatory system for controlled trade of recreational cannabis can be developed in accordance of the EU Framework Decision 2004/757/jha. The ‘without right’ -clause in Article 2(1) of this decision, from a linguistic point of view, does seem to allow the introduction of such a licensing system. In fact, such a system would not cross the system or the purpose of the Framework Decision, if such licensing system does not result in cross-border effects or the hindering of transnational cooperation in combatting cross-border drug trafficking. However, this possibility is only of theoretical nature considering the clear and strict obligations ensuing from the UN narcotic drugs conventions. In order to regulate recreational cannabis within the boundaries of public international law, states can: (1) denounce the UN narcotic drugs conventions; (2) deviate from the obligations of the UN conventions on the basis of positive human rights obligations; (3) create an inter se agreement between like-minded states that deviates from the UN conventions; and (4) denounce the UN drugs conventions and re-access subsequently with a reservation allowing for regulation of recreational cannabis. We argue that these options can have a combined strengthening effect and indeed present a legally sound and politically viable opportunity to regulate recreational cannabis without denouncing the whole UN drug control system.
{"title":"Cannabis Regulation Through the “Without Right” Clause in Article 2(1) of EU Framework Decision 2004/757/jha on Illicit Drug Trafficking","authors":"Piet Hein van Kempen, Masha Fedorova","doi":"10.1163/15718174-bja10039","DOIUrl":"https://doi.org/10.1163/15718174-bja10039","url":null,"abstract":"\u0000Several EU states have shown initiatives towards a more lenient approach to the regulation of cannabis cultivation and trade for recreational use. One possibility that is being investigated is whether a national regulatory system for controlled trade of recreational cannabis can be developed in accordance of the EU Framework Decision 2004/757/jha. The ‘without right’ -clause in Article 2(1) of this decision, from a linguistic point of view, does seem to allow the introduction of such a licensing system. In fact, such a system would not cross the system or the purpose of the Framework Decision, if such licensing system does not result in cross-border effects or the hindering of transnational cooperation in combatting cross-border drug trafficking. However, this possibility is only of theoretical nature considering the clear and strict obligations ensuing from the UN narcotic drugs conventions. In order to regulate recreational cannabis within the boundaries of public international law, states can: (1) denounce the UN narcotic drugs conventions; (2) deviate from the obligations of the UN conventions on the basis of positive human rights obligations; (3) create an inter se agreement between like-minded states that deviates from the UN conventions; and (4) denounce the UN drugs conventions and re-access subsequently with a reservation allowing for regulation of recreational cannabis. We argue that these options can have a combined strengthening effect and indeed present a legally sound and politically viable opportunity to regulate recreational cannabis without denouncing the whole UN drug control system.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2023-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46705338","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.15845/bjclcj.v10i2.3843
Geir Heivoll
{"title":"Steinar Fredriksen Obituary","authors":"Geir Heivoll","doi":"10.15845/bjclcj.v10i2.3843","DOIUrl":"https://doi.org/10.15845/bjclcj.v10i2.3843","url":null,"abstract":"","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80521651","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.15845/bjclcj.v10i2.3844
Inger Marie Sunde
The article addresses provisions of the AIA affecting law enforcement authorities (‘LEA’), particularly the implications on crime prevention and investigation online. The analysis demonstrates that online, LE officers have fewer means for meaningful presence and intervention against crime than in the physical domain. This calls for a nuanced approach in the regulation of LEAs’ use of AI, to ensure that the AIA does not impede LE online. The proposal by IMCO/LIBE of the European Parliament, for a blanket prohibition against predictive policing thus seems too sweeping. The analysis further criticises that the restriction on LE use of biometric identification systems in publicly accessible spaces is not applicable to publicly accessible spaces online. It concludes that the provisions relevant to LE need improvement to ensure legal certainty and that needs for effective LE online are catered for.
{"title":"AI-based Law Enforcement Online: The Impact of the European Artificial Intelligence Act (AIA)","authors":"Inger Marie Sunde","doi":"10.15845/bjclcj.v10i2.3844","DOIUrl":"https://doi.org/10.15845/bjclcj.v10i2.3844","url":null,"abstract":"\u0000 \u0000 \u0000The article addresses provisions of the AIA affecting law enforcement authorities (‘LEA’), particularly the implications on crime prevention and investigation online. The analysis demonstrates that online, LE officers have fewer means for meaningful presence and intervention against crime than in the physical domain. This calls for a nuanced approach in the regulation of LEAs’ use of AI, to ensure that the AIA does not impede LE online. The proposal by IMCO/LIBE of the European Parliament, for a blanket prohibition against predictive policing thus seems too sweeping. The analysis further criticises that the restriction on LE use of biometric identification systems in publicly accessible spaces is not applicable to publicly accessible spaces online. It concludes that the provisions relevant to LE need improvement to ensure legal certainty and that needs for effective LE online are catered for. \u0000 \u0000 \u0000","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79711092","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.15845/bjclcj.v10i2.3842
John Reidar Nilsen
The article questions the democratic legitimacy of parts of contemporary Norwegian police law. The analysis focuses on the historical background of the Police Act, the lack of precise regulation of the police’s competences in general and lack of precise preventive work, to argue that the ideal of democratic legitimacy is not met in contemporary Norwegian police law.
{"title":"Norwegian police law, crime prevention and its (need for more) democratic legitimacy","authors":"John Reidar Nilsen","doi":"10.15845/bjclcj.v10i2.3842","DOIUrl":"https://doi.org/10.15845/bjclcj.v10i2.3842","url":null,"abstract":"The article questions the democratic legitimacy of parts of contemporary Norwegian police law. The analysis focuses on the historical background of the Police Act, the lack of precise regulation of the police’s competences in general and lack of precise preventive work, to argue that the ideal of democratic legitimacy is not met in contemporary Norwegian police law.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82081333","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.15845/bjclcj.v10i2.3845
Gert Johan Kjelby
The current issue of Bergen Journal of Criminal Law and Criminal Justice includes articles from Inger Marie Sunde and John Reidar Nilsen. Both articles are results of the activities in the project ‘Police and Prosecution Law’ at the Faculty of Law, University of Bergen. The articles illustrate the broad scope of the project, spanning from new legal problems due to modern technology to the development of the fundamental legal basis for the exercise of police authority.
{"title":"Research on Police and Prosecution Law in Bergen","authors":"Gert Johan Kjelby","doi":"10.15845/bjclcj.v10i2.3845","DOIUrl":"https://doi.org/10.15845/bjclcj.v10i2.3845","url":null,"abstract":"The current issue of Bergen Journal of Criminal Law and Criminal Justice includes articles from Inger Marie Sunde and John Reidar Nilsen. Both articles are results of the activities in the project ‘Police and Prosecution Law’ at the Faculty of Law, University of Bergen. The articles illustrate the broad scope of the project, spanning from new legal problems due to modern technology to the development of the fundamental legal basis for the exercise of police authority.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75820115","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-27DOI: 10.1163/15718174-bja10038
Rok Hacin, G. Meško, M. Aebi, Benjamin Flander
This paper presents a comprehensive study of penal policies of (former) Yugoslav countries in the last 70 years. The Yugoslavian penal policy has been unique in the sense of leniency but was by no means uniform in its implementation. A comparative analysis of the development of penal policy in the observed states, supported by statistical data on crime, conviction and prison populations, revealed that differences have been profound. While disparities between states in the socialist era were predominately seen in the crime characteristics, number and type of convictions, and the length of prison sentences, today, former Yugoslav republics are diverse as they can be, ranging from the penal moderation of Slovenia to harsh penal policies in Serbia and Montenegro. Based on the findings, it can be argued that the influence of regional diversity, based on historical and cultural identity, should be acknowledged in studying penal policy.
{"title":"From Apparent Unity to Diversity: Penal Policies of (Former) Yugoslav Republics","authors":"Rok Hacin, G. Meško, M. Aebi, Benjamin Flander","doi":"10.1163/15718174-bja10038","DOIUrl":"https://doi.org/10.1163/15718174-bja10038","url":null,"abstract":"\u0000 This paper presents a comprehensive study of penal policies of (former) Yugoslav countries in the last 70 years. The Yugoslavian penal policy has been unique in the sense of leniency but was by no means uniform in its implementation. A comparative analysis of the development of penal policy in the observed states, supported by statistical data on crime, conviction and prison populations, revealed that differences have been profound. While disparities between states in the socialist era were predominately seen in the crime characteristics, number and type of convictions, and the length of prison sentences, today, former Yugoslav republics are diverse as they can be, ranging from the penal moderation of Slovenia to harsh penal policies in Serbia and Montenegro. Based on the findings, it can be argued that the influence of regional diversity, based on historical and cultural identity, should be acknowledged in studying penal policy.","PeriodicalId":43762,"journal":{"name":"European Journal of Crime Criminal Law and Criminal Justice","volume":null,"pages":null},"PeriodicalIF":1.3,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44725716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：