NCJ Number
14508
Journal
REVUE DE DROIT ET DE CRIMINOLOGIE Volume: 54 Issue: 4 Dated: (JANUARY 1974) Pages: 307-322
Date Published
1974
Length
16 pages
Annotation
THE DUTCH CRIMINAL JUSTICE SYSTEM TENDS TO AVOID IMPOSING LONG TERMS OF IMPRISONMENT, TO REDUCE AND HUMANIZE PENALTIES, AND TO DECRIMINALIZE OFFENSES.
Abstract
IMPRISONMENT IS BEING REPLACED BY FINES, PROBATION, AND WEEK-END JAIL TERMS. STATISTICS ARE GIVEN SHOWING A RESULTING SIGNIFICANT DECREASE IN THE PRISON POPULATION OVER THE LAST 30 YEARS AS COMPARED TO BELGIUM AND LUXEMBOURG, ALTHOUGH BELGIAN SENTENCING STATISTICS FOR 1967 INDICATE PENALTIES THERE ARE NOW SIMILAR TO THOSE IN THE NETHERLANDS. FURTHER STATISTICS SHOW THAT LIGHTER PENALTIES CONTINUE TO BE IMPOSED IN THE NETHERLANDS DESPITE THE FACT THAT THE RATE OF INCIDENCE FOR PROPERTY CRIMES DOUBLED BETWEEN 1965 AND 1973. DUTCH PUBLIC OPINION IS DIVIDED ON THE ISSUE, WITH SOME CITIZENS ARGUING THAT HARSHER PENALTIES PREVENT CRIME AND EXPRESS THE ACCEPTED VALUES OF SOCIETY, WHILE OTHERS ARGUE THAT LONG IMPRISONMENT CAUSES CRIME AND ONLY EXPRESSES THE MORAL VALUES OF THE DOMINANT ECONOMIC CLASS. THE EXPERIENCE OF THE SECOND WORLD WAR, WHEN MANY DUTCH CITIZENS WERE IMPRISONED, IS OFFERED AS A PARTIAL EXPLANATION OF THE WIDESPREAD SENTIMENT AGAINST IMPRISONMENT. THE ARTICLE CITES THE 1973 LEGISLATION ESTABLISHING PENALTIES FOR AIR PIRACY AS A RECENT EXAMPLE WHERE EFFORTS WERE RESISTED TO SET PENALTIES OF LONG IMPRISONMENT. AMONG FORMER OFFENSES NOW DECRIMINALIZED ARE ADULTERY, DISTRIBUTION OF BIRTH CONTROL SUPPLIES, AND HOMOSEXUALITY BETWEEN PERSONS OVER 16. RECOMMENDED FOR DECRIMINALIZATION ARE OFFENSES RELATING TO LABOR STRIKES, EUTHENASIA INSULTS AGAINST POLITICAL FIGURES, GAMBLING, ABORTION, AND THE USE OF CERTAIN DRUGS. --IN FRENCH