Justitiële verkenningen, 2018, nr. 4 - The marginalization of the Judiciary

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Justitiële verkenningen, 2018, nr. 4 - The marginalization of the Judiciary

The extra-judicial sanction application has taken off in recent decades. Many offenses are currently being dealt with in administrative law procedures. When it comes to serious crimes, classical criminal justice still plays a dominant role. But in less serious cases the Public Prosecution Service (OM) or the police often impose a punishment order. A similar reduction of judicial interference can be seen in civil law. It has been government policy to stimulate civilians to solve disputes themselves through mediation or through special bodies charged with dealing with disputes.
The deteriorating position of judges in society is a source of concern, as is shown in this special issue. There are serious doubts whether the legal protection, the discovery of truth and the assessment of the quality of evidence are getting enough attention in all kinds of extrajudicial settlement.
Citizens and legal entities can ultimately bring their case before a court, but often only in the second or even third instance. In this way, the citizen or legal entity who is convicted in the first instance is required to maintain an active litigation. Not everyone is (financially) capable to do that, more so because of the sharp cuts on subsidized legal aid during the past years.

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The marginalization of the Judiciary; (full text only available in Dutch)

The extra-judicial sanction application has taken off in recent decades. Many offenses are currently being dealt with in...

Publication | Serial number: 2018/04 | 03-09-2018

Armed forces and domestic law enforcement; (full text only available in Dutch)

This special issue is about the role of the armed forces in domestic law enforcement. Internal and external security are...

Publication | Serial number: 2018/03 | 25-06-2018

Banishment and new forms of exclusion; (full text only available in Dutch)

For many ages banishment, a sanction involving a person’s geographical and social exclusion, served both to punish deviants...

Publication | Serial number: 2018/02 | 17-05-2018

Secret services and the democratic rule of law; (full text only available in Dutch)

On the eve of the advisory referendum on the new Intelligence and Security Services Act (Wiv) on 21 March 2018, Judicial...

Publication | Serial number: 2018/01 | 12-03-2018

Intelligence and crime; (full text only available in Dutch)

This issue of Justitiële verkenningen is dedicated to the relationship between intelligence and criminal an/or antisocial...

Publication | Serial number: 2017/06 | 20-12-2017

Contract killings in the Netherlands; (full text only available in Dutch)

In recent years several contract killings in the Netherlands have caused major concern and indignation because of the extreme...

Publication | Serial number: 2017/05 | 11-10-2017

Making the police future-proof; (full text only available in Dutch)

Almost 5 years ago a huge operation started turning the decentralized Dutch police into a national organization under the...

Publication | Serial number: 2017/04 | 13-09-2017

Terrorism and radicalisation studies; (full text only available in Dutch)

Research in the field of terrorism and radicalization has undergone a tremendous growth since the terrorist attacks on the...

Publication | Serial number: 2017/03 | 14-08-2017

Crime in the Dutch province of North-Brabant; (full text only available in Dutch)

Various forms of organized crime are concentrated in the Dutch province of North Brabant, bordering Belgium. The various...

Publication | Serial number: 2017/02 | 10-05-2017

Declining juvenile crime; (full text only available in Dutch)

Juvenile crime declined hugely in the last ten years, not only in the Netherlands but in almost all western countries. This...

Publication | Serial number: 2017/01 | 08-03-2017

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