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Legal History Commons

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2019

Jurisprudence

Independent Study Project (ISP) Collection

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Full-Text Articles in Legal History

Criminalizing The Other: Exploring The Impact Of The Netherlands' Adaptation Of Prosecutorial Guidelines On Sentencing Disparities, Alia Nahra Apr 2019

Criminalizing The Other: Exploring The Impact Of The Netherlands' Adaptation Of Prosecutorial Guidelines On Sentencing Disparities, Alia Nahra

Independent Study Project (ISP) Collection

This research explores the impact of the 2015 institution of prosecution guidelines in the Netherlands. Prior to this switch, the Openbaar Ministerie operated using a punishment point system, which provided a mathematical formula with which to decide sanctions. Though the motivation of this change was to make the overall system more efficient and enable individual prosecutors to consider each case in a customizable and more equitable form, this research demonstrates that the change has served instead as a perpetuator (and in some cases, facilitator) of the persistent ethnic and gender biases already at work in the Netherlands. The social and …