This article focuses on the recent judgment of the Court of Justice, Aranyosi and Caldararu. After conducting a legal analysis on this case, three issues are identified and they are separately discussed in three sections. The aim of this paper is to show the impact of this judgment on public order and public security in Europe on the one hand and on the individual’s fundamental rights, on the other hand. It is going to be argued that even though there are limits to the principle of mutual recognition, this new exception based on fundamental rights establishes a new procedure for non-surrender. Therefore, the Court of Justice creates a non-execution ground which the EU legislator did not intend to include in the Framework Decision on the European arrest warrant. This is explained by looking at the three interconnected notions of Freedom, Security and Justice.
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Probation services in the Netherlands are private nonprofit organizations that are fully financed by the national Government and perform three main tasks: advise, supervision, and community services. The focus is on preventing recidivism and supporting people under supervision to live a crime-free life. The organizations have a unique position in the criminal justice system, working with suspects in the pre-trial phase period shortly after their arrest until sentencing and supervising people who spend the last phase of a prison sentence in the community, people convicted to a suspended sentence, and community sentences. Therefore, probation services cooperate with other criminal justice organizations, healthcare, social services, and local authorities to reach its aims. Recently, probation services intensified cooperation with prison staff in prisons in order to improve detention and reintegration plans and offer support during detention.
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Research has shown that irregular migrants were disproportionally present in jihadi networks in the Netherlands between 2001 and 2005. Building on this study, by analysing files of closed criminal investigations and interviewing imams and personnel within asylum seeker centres and detention centres, this article explains the attractiveness of jihadi networks by a combination of pragmatic and ideological factors. The studied cases demonstrate how jihadi networks are able to satisfy certain needs of these irregular immigrants in a pragmatic way and how criminal activities play an important role in this process. They also show how jihadi networks can fill a void for some of these irregular migrants who are in search for meaning and identity. The Jihadi-Salafi ideology does not seem to be the core pull factor explaining the attractiveness of the jihadi networks in this study.
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This chapter explores the legal and moral implications of the use of data science in criminal justice at two levels: police surveillance and the criminal trial of a defendant. At the first level, police surveillance, data science is used to identify places and people at high risk of criminal activity, allowing police officers to target surveillance and take proactive measures to try to prevent crime (predictive policing). At the second level, the criminal trial of a defendant, data science is used to make risk assessments to support decisions about bail, sentencing, probation, and supervision and detention orders for high-risk offenders. The use of data science at these levels has one thing in common: it is about predicting risk. The uncertainty associated with risk prediction raises specific related legal and ethical dilemmas, for example in the areas of reasonable suspicion, presumption of innocence, privacy, and the principle of non-discrimination.
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"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."
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"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."
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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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The Confederation of European Probation detects a clear need for a central record of training and qualification requirements, standards or curricula for probation and community supervision practitioners in EU Member States. Hogeschool Utrecht (UAS) has been commissioned to conduct a survey to collect an overview of qualification requirements and training of probation workers in order to set up a network to share knowledge, competencies and expertise among members’ states. The research question is: What kind of formation precedes the start of a career of a probation worker in the various EU Member states and how does it develop throughout his or her career? In order to answer this question, an online survey with closed and open questions has been send out among CEP members that provide or are responsible for probation services. Twenty of them filled out the questionnaire covering 18 different countries.
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Kinderen buiten beeld. De leefsituatie van ongedocumenteerde kinderen in Nederland Dit artikel werpt licht op de omstandigheden waaronder kinderen zonder verblijfsstatus (ongedocumenteerde kinderen) opgroeien in Nederland en niet in beeld zijn bij de overheid. Het betreft uitgeprocedeerde kinderen en kinderen die nooit een asielaanvraag hebben ingediend. In beide gevallen gaat het om kinderen die met hun ouders een bestaan in de illegaliteit opbouwen. De data zijn afkomstig uit een studie naar de woon- en leefsituatie van 29 illegale kinderen tussen 6 tot 19 jaar oud. De kinderen benoemen problemen die gedeeltelijk samenvallen met die van andere kinderen in Nederland, ook kinderen die in armoede opgroeien. De problemen van ongedocumenteerde kinderen werken echter zwaarder door. Ook staan zij onder grote psychische druk. Ze leven met het geheim van hun juridische status, zijn bang door de politie te worden opgepakt, weten niet wie ze kunnen vertrouwen en ervaren hun toekomst als ongewis.
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