| NCJ Number: |
93241  |
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| Title: |
Use of Guidelines by Prosecutors in The Netherlands |
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| Author(s): |
J J M VanKijk |
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| Corporate Author: |
Netherlands Ministry of Justice
Research and Documentation Centre
Netherlands |
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| Date Published: |
1983 |
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| Page Count: |
20 |
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| Sponsoring Agency: |
National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Netherlands Ministry of Justice
2500 Eh the Hague, Netherlands |
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| Publication Number: |
65 |
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| Sale Source: |
National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America |
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| Document: |
PDF |
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| Language: |
English |
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| Country: |
Netherlands |
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| Annotation: |
Dutch prosecutors have resisted sentencing guidelines because they do not properly reflect individual factors considered by prosecutors in preparing sentencing recommendations. Introduction of descriptive guidelines is proposed. |
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| Abstract: |
The purpose of the existing guidelines is to harmonize the decisions of local prosecutors regarding criminal cases. Dutch judges do not themselves use the guidelines, as the prosecutor is responsible for making well-considered sentencing suggestions, in keeping with the central position of the public prosecutor's office within the criminal justice system of the Netherlands. The national guidelines on the sentences to be demanded for drunken driving and other crimes have met with much criticism from local prosecutors. The semi-standardized way in which experienced prosecutors have traditionally prepared their decisions naturally limits their receptivity toward formal guidelines imposed from above. Imposition of such guidelines implies that each prosecutor must do away with his/her privately developed agenda. Since this agenda directly reflects his/her perceptions of justice, resistance is the logical result. To resolve the problem, the author advocates development and adoption of sentencing guidelines based on the common ground of prosecutors' methodologies. Such guidelines are being used experimentally by the local prosecutors of The Hague. Notes and a bibliography accompany the text. |
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| Index Term(s): |
Driving Under the Influence (DUI); Netherlands; Prosecutorial discretion; Sentencing disparity; Sentencing factors; Sentencing guideline compliance; Sentencing guidelines; Sentencing reform |
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To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=93241 |
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