NCJ Number
49493
Journal
Revue de droit penal et de criminologie Volume: 57 Issue: 10 Dated: (JULY 1977) Pages: 865-879
Date Published
1977
Length
15 pages
Annotation
DEVELOPMENTS IN THE PENAL SYSTEM AND PENITENTIARY INSTITUTIONS IN THE NETHERLANDS ARE TRACED OVER THE LAST 20 YEARS WITH RELATION TO CONFLICTS THAT HAVE GROWN OVER PRISON SIZE AND FUNCTION.
Abstract
THE DUTCH PENAL SYSTEM DIFFERS CONSIDERABLY FROM THOSE OF OTHER COUNTRIES IN THAT IT MAKES MUCH LESS USE OF DEPRIVATION OF LIBERTY. THIS MILD ATMOSPHERE IS THE RESULT OF SUCH FACTORS AS THE NETHERLANDS' WELL DEVELOPED SYSTEM OF SOCIAL SECURITY, WHICH SUPPLIES ALLOCATIONS ON A GENERAL BASIS AND ALSO ACTUAL OCCUPATIONS FOR THOSE WHO HAVE DIFFICULTY INTEGRATING THEMSELVES INTO THE NORMAL WORK MARKET; THE VAST NETWORK OF YOUTH CENTERS IN WHICH THE YOUTHS THEMSELVES, ENCOURAGED BY SUBSIDIES, HAVE CONSIDERABLE INFLUENCE; THE EXTENSIVE NETWORK OF SOCIAL SERVICES, COMPRISING APPROXIMATELY 8,000 WORKERS, WHICH IS MUCH MORE CLIENT-ORIENTED AND LESS TREATMENT-ORIENTED THAN COMPARABLE SYSTEMS IN OTHER COUNTRIES; AND MASS MEDIA, WHICH HELPS TO OVERCOME THE ISOLATION OF THE VAST INFLUX OF MINORITIES. WITHIN THE PENAL SYSTEM ITSELF, FACTORS WHICH CONTRIBUTE TO REDUCED PRISON SENTENCES ARE THOSE ORIGINATING FROM LEGAL DISPOSITIONS IN RELATION TO PROSECUTION AND SENTENCE SEVERITY--PROSECUTION OCCURS ONLY WHEN A FAVORABLE RESULT CAN BE EXPECTED. MOST CRIMES ARE PUNISHABLE BY ASSIGNING A LIGHT FINE OR BY LIMITING PUNISHMENT TO A CONDITIONAL SENTENCE OF ONE DAY. OTHER FACTORS INCLUDE THE REDUCED NUMBER OF PUBLIC PROSECUTORS AND MEMBERS OF THE JUDICIARY WHO SIT ON PENAL CASES, THE SOLID POSITION OCCUPIED BY OFFENDER RECLASSIFICATION, AND THE FACT THAT PURELY JUDICIAL CONSIDERATIONS HAVE A RELATIVELY MINOR ROLE IN THE ENTIRE PENAL PROCESS. THE CONSTRUCTION OF NEW PENITENTIARY INSTITUTIONS INCREASED IN THE 1960'S TO RESPOND TO AN INCREASE IN PRISON POPULATION, BUT WAS HALTED BECAUSE OF THE ECONOMIC FORECAST AND A SHARP DECREASE IN THE NUMBER OF INMATES IN THE EARLY 1970'S. THE NETHERLANDS' CORRECTIONS IN GENERAL APPEAR TO BE OF HIGH QUALITY: THE PROPORTION OF PERSONNEL PER INMATE IS QUITE HIGH, OPEN AND SEMIOPEN FACILITIES ALLOW FOR REASONABLE CONTACT WITH SOCIETY, AND THE MEDICAL AND SOCIAL SECTORS ARE STRONGLY REPRESENTED. HOWEVER, THE QUALITY OF OFFICIALLY FORMULATED POLICY IS NOT SO COMMENDABLE: IN ACTUAL PRACTICE, THE POLICY THAT CALLS FOR THE BEST SECURITY AS THE LEAST SECURITY GIVES WAY TO A CONCERN FOR SECURITY AND THE MAINTENANCE OF ORDER, PEACE AND QUIET. THE DUTCH PENITENTIARY ADMINISTRATION REMAINS A HIERARCHICAL ORGANIZATION, AND IN 1971, THE GOAL OF MAINTAINING CONTACT WITH SOCIETY WAS SUBORDINATED TO THE NECESSITY OF REDUCING THE NUMBER OF PRISON PERSONNEL. THE INCREASE IN LIGHT SENTENCES CAUSED AN OVERLOAD ON THE CORRECTIONAL INSTITUTIONS, SO THAT MASS PARDONS WERE ENACTED. THE VERY SMALL AND SLOW EVOLUTION IN IMPROVING THE QUALITY OF CONFINEMENT SENTENCES LEADS TO THE CONCLUSION THAT IN REALITY THE QUALITY OF CORRECTIONS HAS WORSENED DURING THE LAST 10 YEARS. THE PENITENTIARY SYSTEM SEEMS QUITE CAPABLE OF IMPROVISING WHEN INCARCERATION IS CONCERNED, BUT SEEMS UNABLE TO DO SO WHEN CONFRONTED WITH THE QUESTION OF IMPROVING THE QUALITY OF DETENTION. FOR AN ENGLISH SUMMARY TRANSLATION OF THIS DOCUMENT, SEE NCJ #53170. --IN FRENCH. (MHP)