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.
LINK
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.
DOCUMENT
"Probation is a fast-developing field that plays an important role in the response to crime and the prevention of reoffending. Probation covers various sanctions and community-based measures, including supervision and community service, designed to promote community safety and the social inclusion of offenders. This brochure is intended for justice ministers, other politicians and senior civil servants interested in setting up or upgrading a probation service. The ‘key message’ highlights the main topics and messages in this brochure. Readers who want to learn more about the benefits of probation and about how to bring these into practice should read the full text."
DOCUMENT
"Probation is a fast-developing field that plays an important role in the response to crime and the prevention of reoffending. Probation covers various sanctions and community-based measures, including supervision and community service, designed to promote community safety and the social inclusion of offenders. This brochure is intended for justice ministers, other politicians and senior civil servants interested in setting up or upgrading a probation service. The ‘key message’ highlights the main topics and messages in this brochure. Readers who want to learn more about the benefits of probation and about how to bring these into practice should read the full text."
DOCUMENT
Understanding the factors that may impact the transfer, persistence, prevalence and recovery of DNA (DNA-TPPR), and the availability of data to assign probabilities to DNA quantities and profile types being obtained given particular scenarios and circumstances, is paramount when performing, and giving guidance on, evaluations of DNA findings given activity level propositions (activity level evaluations). In late 2018 and early 2019, three major reviews were published on aspects of DNA-TPPR, with each advocating the need for further research and other actions to support the conduct of DNA-related activity level evaluations. Here, we look at how challenges are being met, primarily by providing a synopsis of DNA-TPPR-related articles published since the conduct of these reviews and briefly exploring some of the actions taken by industry stakeholders towards addressing identified gaps. Much has been carried out in recent years, and efforts continue, to meet the challenges to continually improve the capacity of forensic experts to provide the guidance sought by the judiciary with respect to the transfer of DNA.
DOCUMENT
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.
DOCUMENT
While the right to adequate food is often discussed in the context of developing countries, especially in situations where access to adequate food is a problem on a larger scale, this book focusses on the right to food in two Western countries in which theoretically the circumstances allow this right to be enjoyed by each individual. Through a legal comparative study, the enforceability of the right to food is compared between the Netherlands and Belgium in light of the current UN Human Rights system. There seems to be a difference between what the countries do, what they say they do, and what they should do on the matter. As it appears, the coincidental constitutional circumstances mainly determine the enforceability of the right to food, rather than the content of the human right in itself. This book includes a thorough analysis of suitable comparative legal methodology and the embedment of the right to food in the UN human right system. Furthermore, for both countries, an in-depth analysis of the case law on the right to food (mostly concerning the status of foreigners), the constitutional context in which the Judiciary operates, and the relevant UN reports and subsequent procedures are outlined. Finally, recommendations are made to both countries and the relevant UN Committees.
DOCUMENT
More women are attending university than ever before and a quarter of the world’s top universities have appointed a female president, but research shows that female academics are being pushed out of academia and are evaluated lower than male lecturers, which could stifle their careers. So what’s the state of play at the moment, and what can we do to redress the balance?
LINK
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.
DOCUMENT