Like many public sector organizations, in the past decades the Dutch judiciary has come to adopt New Public Management (NPM) practices and processes. In this article, we analyze this adoption from a management and organizational control perspective. Using data from a large survey among Dutch judges, we see a “mismatch” between the nature of the NPM-inspired management control systems and the work-related experiences of the judges and inquire into the consequences thereof for judicial work and organization.
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Since late 2020, all district courts and courts of appeal in the Netherlands have internal forensic support in the form of “forensic advisers.” This position was created in 2012 and resulted from the efforts made to expand knowledge of the forensic sciences within the inquisitorial Dutch criminal justice system. Forensic advisers are generalists and support judges in all matters concerning forensic science, for example, ensuring the logically correct interpretation of evidence, assessing the relevant expertise of forensic experts, and helping to avoid statistical fallacies. In this article, we discuss the origins of the position, the activities performed, and both positive and critical remarks about the position in the literature. Extensive attention is paid to the boundaries of the role and of the advice that is offered. We conclude that the forensic adviser has strengthened the forensic science expertise within the Dutch judiciary and we give recommendations for a more robust anchoring of this expertise.
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Background: To be accountable to laws and regulations, healthcare professionals spend more than 40% of their time on administrative tasks. The Compulsory Mental Healthcare Act (CMHA) was introduced in Dutch mental healthcare in 2020. It was hypothesized that this legislative amendment would raise the administrative burden for some care professionals. Pilot studies in 2020 and 2021 visualized the exponentially rise of the administrative burden for care professionals, especially psychiatrists due to the transition. However the total response was too small and not generalizable. Aim: gain more nationwide insight in the hypothesized raise of administrative burden of psychiatrists due to the implementation of the CMHA. Method: Under the leadership of an advisory board of three medical director psychiatrists, a Likert scale questionnaire was further developed to investigate the administrative burden of psychiatrists in the Netherlands before and after transition. Open-ended questions provided the opportunity for feedback from the psychiatrists. The study was supported by the Department of Medical Directors (DMD) of The Netherlands Psychiatric Association (NPA). Results: all mental health institutions members of the DMD of the NPA received an invitation to participate. 14 institutions (total N=158) responded. The data show a significant change in the time spent on administrative tasks, the usefulness of the administrative actions, the fit for use and ease of use of supporting systems. The forementioned all decreased significantly after the implementation. Conclusion and discussion: Psychiatrists spend more time on administration than before the legislative amendment instead of helping vulnerable patients. None of the institutions has been able to use the transition to its advantage given the time spent on administrative tasks and the usefulness of these tasks. This is an unacceptable development in the field of mental health in the Netherlands and should be addressed to those who are responsible for the decision making, especially policy makers. These results show that the introduction of the CMHA have made the field of Dutch mental health an impossible area to work for. , Administrative burden, Legislative amendment, Public governance, Information Management
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In May 2018, the new Dutch Intelligence and Security Services Act 2017 (Wet op de Inlichtingen- en veiligheidsdiensten, Wiv) will enter into force. It replaces the previous 2002 Act and incorporates many reforms to the information gathering powers of the two intelligence and security services as well as to the accountability and oversight mechanisms. Due to the technologyneutral approach, both the civil and the military intelligence services are now authorized to, for example, intercept communications in bulk, hack third parties, decrypt files, store DNA or use any other future innovative technology. Also, the national security legislation extends the possibilities for the indiscriminate collection of data, and for the processing, storage and analysis thereof. The process leading to the law includes substantial criticism from the various stakeholders involved. Upon publication of this report, an official consultative referendum is being organized on the new act. The aim of this policy brief is to provide an international audience with a comprehensive overview of the most relevant aspects of the act and its context. In addition, there is considerable focus on the checks and balances as well as the bottlenecks of the Dutch intelligence gathering reform. The selection of topics is based on the core issues addressed during the parliamentary debate and on the authors’ insights.
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Organizations in legal practice, under pressure to do “more for less,” are searching for ways to automate legal work, to improve efficiency of legal service delivery. Automated drafting of contracts (or: contract automation) is one of the areas where technology is—partly—replacing legal professionals. In Dutch legal practice, the number of organizations that are actively deploying contract automation is still relatively small, but growing. This chapter looks at experiences with contract automation of organizations from various sectors in Dutch legal practice. Contract automation can improve legal service delivery to consumers and SMEs, as well as contracting processes within organizations. Several organizations report positive results. However, successfully implementing contract automation, especially for internal use within organizations, is not simple. Tight budgets, resistance to change and poor integration with other software are some of the problems that organizations may encounter. Generally, human and organizational factors are often at least as important as the technological aspects. Successful implementation of contract automation requires design thinking, a proactive approach and process-oriented (legal) professionals. Regardless of these difficulties, the use of contract automation software in Dutch legal practice can be expected to increase, due to several factors. The number of organizations that are offering contracts (and other legal documents) online to SMEs and consumers has grown rapidly over the last years. Contract automation is not only offered to consumers and SMEs by commercial parties, but also by branch organizations, as a service to their members. Consumers and SMEs will become used to these self-help solutions for legal matters. Legal publishers are also increasing the offering of automated contracts and other legal documents. In addition, law firms and consultants are promoting the use of contract automation within client organizations. Finally, many corporate organizations are increasingly exchanging experiences on improving legal operations and the use of Legal Tech, including contract automation. Eventually, increased use of contract automation may drive further harmonization of contracts within sectors and facilitate other technological applications, such as the automated analysis of contracts.
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Project objectives Radicalisation research leads to ethical and legal questions and issues. These issues need to be addressed in way that helps the project progress in ethically and legally acceptable manner. Description of Work The legal analysis in SAFIRE addressed questions such as which behavior associated with radicalisation is criminal behaviour. The ethical issues were addressed throughout the project in close cooperation between the ethicists and the researchers using a method called ethical parallel research. Results A legal analysis was made about criminal law and radicalisation. During the project lively discussions were held in the research team about ethical issues. An ethical justification for interventions in radicalisation processes has been written. With regard to research ethics: An indirect informed consent procedure for interviews with (former) radicals has been designed. Practical guidelines to prevent obtaining information that could lead to indirect identification of respondents were developed.
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Accurate and reliable decision-making in the criminal justice system depends on accurate expert reporting and on the correct interpretation of evidence by the judges, prosecutors, and defense lawyers. The present study aims to gain insight into the judiciary's capability to assess the accuracy and reliability of forensic expert reports by first examining the extent to which criminal justice professionals are able to differentiate between an accurate (or sound) expert report and an inaccurate (or unsound) expert report. In an online questionnaire, 133 participants assessed both a sound and an unsound expert report. The findings show that, on average, participants were unable to significantly distinguish between sound and unsound forensic expert reports. Second, the study explored the influence of institutional authority on the evaluation of forensic expert reports. Reports that were not recognized as flawed—particularly those originating from well-known and reputable institutions—were subjected to less critical examination, increasing the risk of evaluation errors. These results suggest that the perceived institutional authority influences the assessment of forensic evidence. The study highlights the need for tools to support criminal justice professionals in evaluating forensic evidence, particularly when experts are unregistered. Recommendations include adhering to established quality standards, consulting counter-expert evaluations, improving courtroom communication, and enhancing forensic knowledge through training. Overall, the findings underscore the importance of critical evidence evaluation to reduce the risk of misinterpretation and wrongful convictions in the judicial process.
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This systematic literature review describes what is known about the effectiveness of practices in probation supervision. Effectiveness is defined as: contributing to a reduction in recidivism, better functioning of clients in various areas, or prevention of non-compliance and drop-out. Based on a systematic research of Dutch and foreign literature, 141 articles and reports were selected and analysed
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Helaas kan er op dit moment vanuit de PDF nog geen kopie gemaakt worden van de samenvatting. Per email is deze bij de auteur opgevraagd op 3 januari 2013.
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