NCJ Number
126693
Date Published
1988
Length
27 pages
Annotation
Criminal law policies in the Netherlands are explained in terms of the welfare state and the society-crime relationship.
Abstract
The hub of criminal justice organization in the Netherlands is the prosecutorial system. This system has authority over both national and local police forces insofar as criminal law duties of detection and reporting are concerned. An attempt has been made to orient criminal law policies toward society. Statutory law grants the powers of intervention for criminal justice authorities, but whether these powers are used must be determined by criminal law policies. The requirement of social desirability does not replace the requirement of legality, but the two requirements are imposed cumulatively. The requirement that criminal law policies be socially oriented is difficult to implement in practice, particularly in the context of an overburdened criminal justice system and the government's guarantee of a minimum welfare level for all citizens. The idea of a strong State has become the foundation of political thought in social democracy. The welfare State has attempted to provide for individual security by expanding its involvement in almost all sectors of society. In a welfare State, attempts to increase the criminal justice system's capacity are not always successful, although the object of criminal law policies continues to be enforcement of the law. An alternative to the welfare State may be preferable in which the relationship between individuals, society, and the State are redefined. 102 footnotes