NCJ Number
62880
Date Published
1979
Length
20 pages
Annotation
RECENT TRENDS IN PRACTICE AND POLICY IN THE CORRECTIONAL SYSTEM OF THE NETHERLANDS ARE DISCUSSED; COMPARISONS WITH THE SITUATION IN ENGLAND AND WALES ARE EMPHASIZED.
Abstract
CONSIDERABLE INTEREST IS SHOWN IN PENAL PRACTICE IN THE NETHERLANDS BECAUSE OF THE SMALL NUMBER OF PRISONERS, APPROXIMATELY 20 PER 100,000 INHABITANTS COMPARED WITH 75 IN ENGLAND AND WALES. IN 1950, THE DAILY PRISON POPULATION OF THE NETHERLANDS WAS TWICE WHAT IT IS TODAY. SINCE THE CRIME RATES FOR THE NETHERLANDS ARE ROUGHLY COMPARABLE TO THOSE OF ENGLAND AND WALES, OTHER FACTORS MUST BE CONSIDERED IN DETERMINING REASONS FOR THE DISPARATE PRISON POPULATIONS. THE METHODS OF DEALING WITH A CASE DIFFER BETWEEN ENGLAND AND WALES AND THE NETHERLANDS. THE MOST STRIKING VARIATION IS THE EXPEDIENCY PRINCIPLE FOLLOWED IN THE NETHERLANDS WHICH PERMITS THE PUBLIC PROSECUTOR TO DISMISS A CASE. AS A RESULT, NO SENTENCE IS PASSED AND THE OFFENDER DOES NOT ESTABLISH A CRIMINAL RECORD. IN ADDITION, IN THE NETHERLANDS THE MAJORITY OF CASES NOT SENTENCED TO PRISON ARE WAIVED, A MORE PERMISSIVE POLICY THAN IN ENGLAND AND WALES, AND THOSE THAT GO TO TRIAL AND ARE CONVICTED RECEIVE MILDER OR SHORTER TERMS. IMPOSITION OF PRISON SENTENCES IN THE NETHERLANDS ALSO IS DETERRED BY THE FACT THAT PEOPLE ARE CRITICAL OF CRIMINAL PENALTIES, AND SOCIAL AND MENTAL HEALTH FACTORS ARE ALWAYS CONSIDERED BY THE PROSECUTOR IN REACHING HIS DECISION. WHEN A SENTENCE IS IMPOSED, EVERY EFFORT IS MADE TO AVOID THE NEGATIVE INFLUENCES OF IMPRISONMENT AND OFFER ASSISTANCE TO INMATE REHABILITATION. INMATES ARE ENTITLED TO APPEAL COMMITTAL TO A PARTICULAR INSTITUTION. FOOTNOTES ARE INCLUDED AND GRAPHS ARE APPENDED TO THE BOOKLET. (LWM)