NCJ Number
20364
Journal
PROCES Issue: 5 Dated: (MAY 1976) Pages: 109-118
Date Published
1976
Length
10 pages
Annotation
A DISCUSSION OF THE RIGHTS OF THE DETAINED IN THE DUTCH PRISON SYSTEM WITH REFERENCE TO NEW LEGISLATION.
Abstract
AFTER A HISTORICAL ACCOUNT OF THE DEVELOPMENT OF HUMANITARIAN THINKING ABOUT PRISONERS THE AUTHOR STATES THAT THE PRISONER STILL DOES NOT HAVE RIGHTS, BEING DEPENDENT TO A LARGE EXTENT ON THE DISCRETIONARY POWERS OF THE PRISON ADMINISTRATORS. THE BILL OF 1972-73 ON THE LEGAL STATUS OF THE DETAINED AIMS TO INTRODUCE THE ADVERSARY SYSTEM WITH REGARD TO A NUMBER OF COMPLAINTS OF DETAINEES, ALTHOUGH THE AUTHOR NOTES THAT THE BILL HAS MET WITH OPPOSITION FROM PERSONS WHO BELIEVE THAT SUCH RIGHTS FOR DETAINEES WILL CREATE CONFLICTS AND WORSEN RATHER THAN IMPROVE THEIR POSITION. IN HIS OPINION, GIVEN THE FACT THAT CONFLICTS EXIST, THE NEW LAW MAY AMELIORATE THE SITUATION, FOR IT ALLOWS FOR CHANNELING COMPLAINTS. THE BILL PERMITS COMPLAINTS ABOUT DISCIPLINARY MEASURES AND REFUSAL OF VISITORS AND CORRESPONDENCE. COMPLAINTS WILL BE LODGED WITH THE BOARD OF VISITORS, A BODY WHICH, ALTHOUGH PARTLY MADE UP OF JUDGES AND ATTORNEYS, AND OTHER NOTABLE CITIZENS, DOES NOT NECESSARILY HAVE EXPERT KNOWLEDGE OF PENOLOGY. WITH REGARD TO THE DEFENSE, THE BILL SUGGESTS THAT THIS TASK BE PERFORMED BY SOCIAL WORKERS, FELLOW PRISONERS, OR A LAWYER WHO IS PERMANENTLY EMPLOYED BY THE BOARD. THE AUTHOR DEFENDS A PROFESSIONAL APPROACH. HE WANTS ADMITTANCE OF ANY LAWYER THE DEFENDANT CHOOSES. IF THE DEFENDANT IS UNABLE TO PAY, THE LAWYER'S FEE WILL BE PAID BY THE STATE. --IN DUTCH