Criminal law needs to change: ‘Harsher punishments and short prison sentences don’t work’
Many problems in criminal law can be predicted by the academic world and using knowledge from criminal law practice, says criminal lawyer Professor Patrick van der Meij. Yet, often, little is done with that knowledge and expertise because legislators and policymakers focus on short-term solutions.
There are countless problems with the criminal law system in the Netherlands, as it struggles with long case processing times, serious organised crime and capacity problems throughout the chain, including in prisons. There is also a tendency to impose ever harsher punishments. ‘This results in more people spending longer on remand and ultimately being punished more severely’, says Professor van der Meij. It exacerbates the existing problems.
On 21 February, Patrick van der Meij, Professor of Criminal Law, will give his inaugural lecture (in Dutch) entitled ‘Hoe de hazen lopen – Lessen uit de strafrechtspraktijk voor wetgeving en beleid’ [roughly meaning: ‘How the hares run – Lessons from criminal law practice for legislation and policy’].
Harsher punishment, counterproductive effect
Professor van der Meij gives the example of a criminalisation that specifically targets ‘drug extractors’ [people hired to remove drugs from containers, Ed.] in the port of Rotterdam: ‘Previously, if they were found loitering in that area, they could only be nicked for trespassing and fined €90. The new criminalisation means they could receive a hefty prison sentence, which all stems from the idea of “that’ll teach them”.’
The effect is counterproductive as the role of extractors then becomes more dangerous and expensive. Since they can now end up in prison, they have the prospect of more money and often get a share of drugs to sell. ‘Competition between offenders is increasing,’ adds Professor van der Meij. ‘It explains the spiral of violence – including firework bomb attacks on homes. And the people getting involved are younger and younger, because they receive lighter punishments or are beyond the reach of criminal law.’
Prevention
‘You criminalise something in order to confirm that “this is the norm” and the effect is that it makes it much worse than it was,’ says Professor van der Meij. ‘The academic world already sees this coming. We know, as do people who work in criminal justice, that you cannot enforce a norm simply by criminalising something. Imposing harsher punishments and prison sentences that could also have been community service does not work. So much more could be done to prevent offending.’ Professor van der Meij advocates better living conditions, education, healthcare provisions and accommodation in deprived areas to tackle the causes of criminal behaviour.
He feels that the academic world and legal practitioners should be listened to more. ‘Prevention requires long-term investment, but legislative and policy ideas often focus on the short term. Politicians and policymakers want to score points and show that they tackle problems immediately. Not everyone is open to a more nuanced story such as prevention.’
Opportunity for improvement
Professor van der Meij notes that changes to statutory provisions – as with the modernisation of the Dutch Code of Criminal Procedure, which is due to come into force in 2029 – may be successful if viewed from a realistic perspective. If periods of remand are reduced and alternative forms of punishment are found, this may reduce the pressure on prison capacity and ongoing criminal investigations. He adds: ‘We need to provide legislators and policymakers with more information from the academic world and legal practice. As a legislator, you want to change so many things, but if it’s clear in advance that it won’t work, it’s better not to do it. Otherwise you just end up with symbolic legislation, so it’s better to focus on what’s actually achievable.’