This book describes the results of a six-nation study of how criminal justice agencies in England and Wales, France, Germany, Netherlands, Poland, and Sweden have reacted to high crime rates and punitiveness. The book details how various solutions have been adopted, involving diversion of cases from courts, increases in financial penalties imposed by police or prosecutors without full court hearings and the introduction in some countries of "administrative offences".
"The implementation of recommendation (85) 11 of the Council of Europe on the position of the victim in the framework of criminal law and procedure."--T.p.
The Dutch criminal justice system has, for some time, been famous for its mildness. This mildness, which has been reflected for example in a strikingly low prison rate has both impressed and shocked foreign criminal law scholars and criminal justice officials. This traditional mildness is now at stake. Crime has increased considerably and so has the prison rate. Major changes have taken place in Dutch society, and these require a new criminal justice policy. In 1985 the Minister of Justice submitted to the Parliament a new policy plan called Society and Crime, and a policy plan called Law in Motion was published in 1990. These new criminal policy plans propose a step-by-step approach in order to raise the level of criminal law enforcement and to intensify crime prevention. The statutory powers of the police to investigate organized crime will be expanded, the efficiency of the prosecution service will be improved, the capacity of prisons will be increased, and crime prevention programmes will be intensified. Whether the relative mildness of the Dutch criminal justice system will be maintained in the future or not, is a difficult question to answer. However, since the mildness is built into the system itself (as is demonstrated in this criminal justice profile) it is most probable that this mildness will be at least partly preserved in the future as well.
This volume discusses EU criminal justice from three perspectives. The first concerns fundamental rights following the adoption of the directives that have progressively reinforced the cornerstone of procedural rights of suspects and defendants in national criminal proceedings in the EU member states so as to facilitate judicial cooperation. The second perspective relates to transnational criminal investigations and proceedings, which are seen as a cross section of the current state of judicial cooperation in the area of freedom, security and justice, with the related issues of efficiency, coordination, settlement of conflicts of jurisdiction, and guarantees. The third perspective concerns the development of a supranational justice system in the light of the recently established European Public Prosecutor’s Office, whose European judicial nature still coexists with strong national components.
This book describes the results of a six-nation study of how criminal justice agencies in England and Wales, France, Germany, Netherlands, Poland, and Sweden have reacted to high crime rates and punitiveness. The book details how various solutions have been adopted, involving diversion of cases from courts, increases in financial penalties imposed by police or prosecutors without full court hearings and the introduction in some countries of "administrative offences".
This book describes the results of a six-nation study of how criminal justice agencies in England and Wales, France, Germany, Netherlands, Poland, and Sweden have reacted to high crime rates and punitiveness. The book details how various solutions have been adopted, involving diversion of cases from courts, increases in financial penalties imposed by police or prosecutors without full court hearings and the introduction in some countries of "administrative offences".
The Oxford Handbook of Criminal Law reflects the continued transformation of criminal law into a global discipline, providing scholars with a comprehensive international resource, a common point of entry into cutting edge contemporary research and a snapshot of the state and scope of the field. To this end, the Handbook takes a broad approach to its subject matter, disciplinarily, geographically, and systematically. Its contributors include current and future research leaders representing a variety of legal systems, methodologies, areas of expertise, and research agendas. The Handbook is divided into four parts: Approaches & Methods (I), Systems & Methods (II), Aspects & Issues (III), and Contexts & Comparisons (IV). Part I includes essays exploring various methodological approaches to criminal law (such as criminology, feminist studies, and history). Part II provides an overview of systems or models of criminal law, laying the foundation for further inquiry into specific conceptions of criminal law as well as for comparative analysis (such as Islamic, Marxist, and military law). Part III covers the three aspects of the penal process: the definition of norms and principles of liability (substantive criminal law), along with a less detailed treatment of the imposition of norms (criminal procedure) and the infliction of sanctions (prison law). Contributors consider the basic topics traditionally addressed in scholarship on the general and special parts of the substantive criminal law (such as jurisdiction, mens rea, justifications, and excuses). Part IV places criminal law in context, both domestically and transnationally, by exploring the contrasts between criminal law and other species of law and state power and by investigating criminal law's place in the projects of comparative law, transnational, and international law.
The Dutch criminal justice system has, for some time, been famous for its mildness. This mildness, which has been reflected for example in a strikingly low prison rate has both impressed and shocked foreign criminal law scholars and criminal justice officials. This traditional mildness is now at stake. Crime has increased considerably and so has the prison rate. Major changes have taken place in Dutch society, and these require a new criminal justice policy. In 1985 the Minister of Justice submitted to the Parliament a new policy plan called Society and Crime, and a policy plan called Law in Motion was published in 1990. These new criminal policy plans propose a step-by-step approach in order to raise the level of criminal law enforcement and to intensify crime prevention. The statutory powers of the police to investigate organized crime will be expanded, the efficiency of the prosecution service will be improved, the capacity of prisons will be increased, and crime prevention programmes will be intensified. Whether the relative mildness of the Dutch criminal justice system will be maintained in the future or not, is a difficult question to answer. However, since the mildness is built into the system itself (as is demonstrated in this criminal justice profile) it is most probable that this mildness will be at least partly preserved in the future as well.
