NCJ Number
50540
Date Published
1978
Length
23 pages
Annotation
FACTORS CONTRIBUTING TO THE NETHERLANDS' LOW RATE OF IMPRISONMENT ARE EXAMINED, AND IMPLICATIONS FOR THE UNITED STATES ARE DRAWN IN THE REPORT OF AN AMERICAN STUDY GROUP THAT VISITED THE NETHERLANDS.
Abstract
SEEKING AN EXPLORATION FOR THE NETHERLANDS' LOW RATE OF IMPRISONMENT (A PHENOMENON NOT ACCOUNTED FOR BY THE COUNTRY'S CRIME RATE), THE STUDY GROUP INTERVIEWED PERSONS KNOWLEDGEABLE ABOUT THE CRIMINAL JUSTICE SYSTEM, OBSERVED COURT PROCEEDINGS, AND VISITED SEVERAL PENAL INSTITUTIONS. THE GROUP FOUND THAT THE DUTCH CULTURE CONTRIBUTED THE FOLLOWING FACTORS TO THE LOW RATE OF INCARCERATION (24 PRISONERS PER 100,000 POPULATION COMPARED TO 250 IN THE UNITED STATES): A NATIONAL IDENTITY THAT STRESSES INDIVIDUAL LIBERTY, TOLERANCE, AND SOCIAL RESPONSIBILITY; A SOCIOECONOMIC SYSTEM THAT MINIMIZES INCOME DISPARITY AND INSECURITY; THE LEGACIES OF DUTCH CHURCHES; AND A TRADITION OF MINIMIZING VIOLENCE. THE DUTCH CRIMINAL JUSTICE SYSTEM ITSELF CONTRIBUTES TO LOW LEVELS OF INCARCERATION THROUGH AN UNDERLYING BELIEF THAT PRISON IS A HARMFUL INSTITUTION, THE CONSEQUENT RELIANCE ON SHORT SENTENCES (AVERAGE 35 DAYS), EMPHASIS AT ALL LEVELS OF THE SYSTEM ON MINIMIZING THE INDIVIDUAL OFFENDER'S INVOLVEMENT WITH THE SYSTEM, HIGH USE OF FINES, AND A POLICY OF LIMITING THE NUMBER OF PRISON BEDS. CERTAIN ASPECTS OF THE DUTCH CRIMINAL JUSTICE SYSTEM INCLUDING LACK OF CITIZEN INVOLVEMENT, MATTERS OF DUE PROCESS, AND POTENTIAL PROBLEMS OF RACIAL DISCRIMINATION ARE QUESTIONED. THE U.S. CRIMINAL JUSTICE SYSTEM IS URGED TO CONSIDER THE NETHERLANDS' EXPERIENCE WITH SHORTER SENTENCES AND THEIR FIRM BELIEF THAT PRISONS SHOULD BE USED ONLY AS A LAST RESORT. IT IS POINTED OUT THAT THE DUTCH HAVE MAINTAINED A LOW RATE OF INCARCERATION NOT THROUGH SOPHISTICATED, EXPENSIVE ALTERNATIVES OR DIVERSIONARY PROGRAMS, BUT SIMPLY BY PRACTICING THEIR PHILOSOPHY THAT INCARCERATION HAS NO SALUTARY EFFECT ON THE OFFENDER. SUPPORTING MATERIALS ARE APPENDED. (LKM)