Critique in the Press of the Administration of Justice (From Magistraat in de st(r)aat, P 115-123, 1979 - See NCJ-88329)

• NCJ Number: 88334
• Author(s): J vanVeen
• Date Published: 1979
• Length: 9 pages
• Sale Source: W E J Tjeenk Willink
• Country: Netherlands
• Note: Talk delivered at RAIO (Judicial Officials in Training) Congress, October 11-12, 1979

Annotation

This article discusses the recent tendency toward criticism of the Dutch judiciary in the press from a journalist's perspective.

Abstract

Before the 1960's, criticism directed at the judiciary by the press tended to be amusing caricature. Since the student protests and Vietnam demonstrations, however, press criticism has taken on sharper tones. Placed in confrontational situations with young radicals in court, judges were unable to cope. From these and later events, the inability of judges to empathize with the mentality of defendants or even to comprehend psychiatric experts became clear. In the press the tendency of judges to remain safely within their protected sphere was labeled 'justice on the basis of class.' Judges have objected to this criticism arguing that journalists have little understanding of legal matters and that the criticism was directed at judicial behavior rather than judicial decisions. From the standpoint of the author, journalists must try to understand the human circumstances and individual sensitivities surrounding judges' decisions whenever possible. Otherwise the journalists' perspective may be unfairly biased against the judge. Informal contacts of judges with journalists outside the courtroom should be encouraged, although the journalists' stance must always remain objective from a critical distance.