NCJ Number
187069
Journal
Judicial Explorations (Het schemergebied van het straffen) Volume: 26 Issue: 4 Dated: 2000 Pages: 33-43
Date Published
2000
Length
11 pages
Annotation
This article discusses new perspectives on sentencing.
Abstract
In today’s Dutch penal system, the judge is not the only authority entitled to apply sanctions. In the pretrial phase, the public prosecutor and sometimes the police can apply the same sanctions as the sentencing judge. In the post-trial phase, prison authorities and the probation service more and more often determine the content, and consequently, the gravity of the imposed punishment or sanction. While the role and meaning of the sentencing judge has decreased, he has a large measure of freedom and a wide range of options in determining the type, degree, and mode of punishment. The Penal Code has many inconsistencies, contradictions, and inequalities and should be revised. The article proposes making a distinction between the objective aspects of an offense (based on the severity and guilt) and the subjective aspects (personality, personal circumstances, treatment perspectives, and personal ability in proportion to the sanction). This system is being used to one extent or another in many countries with respect to fines and sentencing guidelines and can also be used as a model for other sanctions. Notes, references