Search result: 6 articles

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Year 2021 x
Article

Access_open A Comparative Perspective on the Protection of Hate Crime Victims in the European Union

New Developments in Criminal Procedures in the EU Member States

Journal Erasmus Law Review, Issue 3 2021
Keywords hate crime, victims, victim rights, procedural justice, EU Member States, criminal procedure
Authors Suzan van der Aa, Robin Hofmann and Jacques Claessen
AbstractAuthor's information

    Hate crime victims involved in a criminal procedure experience difficulties that are different from problems encountered by other victims. In trying to meet the specific procedural needs of hate crime victims many EU Member States have introduced protective measures and services in criminal proceedings, but the adopted approaches are widely disparate. By reporting the results of an EU-wide comparative survey into hate crime victims within national criminal procedures the authors aim to: (1) make an inventory of the national (legal) definitions of hate crime and the protection measures available (on paper) for hate crime victims; and (2) critically discuss certain national choices, inter alia by juxtaposing the procedural measures to the procedural needs of hate crime victims to see if there are any lacunae from a victimological perspective. The authors conclude that the Member States should consider expanding their current corpus of protection measures in order to address some of the victims’ most urgent needs.


Suzan van der Aa
Suzan van der Aa, PhD, is Professor of Criminal Law at Maastricht University, the Netherlands.

Robin Hofmann
Robin Hofmann is Assistant Professor at Maastricht University, the Netherlands.

Jacques Claessen
Jacques Claessen is Professor at Maastricht University, the Netherands.
Article

Access_open Ruled by Fear or Safety-Related Empowerment

The Experience and Meaning of Penal Protection Orders in Intimate Partner Violence in the Netherlands

Journal Erasmus Law Review, Issue 3 2021
Keywords intimate partner violence, stalking, protection orders, empowerment, safety, well-being
Authors Irma W.M. Cleven
AbstractAuthor's information

    This study uses a novel approach to understand the experience and meaning of unsafety and the contribution of penal protection orders to victim empowerment in cases of intimate partner violence (IPV). In ten in-depth interviews, IPV survivors reflect on their relationship with their ex-partner and the previous years in which the order against their ex-partner was issued, including its role within the wider process of coming to terms with IPV victimisation and moving on. Depending on expectations of protection orders (POs) enforcement and deterrence, POs enhance one’s safety-related self-efficacy and result in a sense of empowerment. Its meaning can be understood in terms of one’s power from the ex-partner, power to act, status vis-à-vis the offender and the wider community, care/help of the CJS, and unity/togetherness with the wider community. Several implications for theoretical and empirical research and practice are discussed.


Irma W.M. Cleven
Irma W.M. Cleven, MSc, is PhD Candidate at the Department of Criminology of the Erasmus University Rotterdam, the Netherlands.
Article

Access_open Dutch Penal Protection Orders in Practice

A Study of Aims and Outcomes

Journal Erasmus Law Review, Issue 3 2021
Keywords enforcement practice, victim safety, street level bureaucracy, criminal justice chain, penal protection orders
Authors Tamar Fischer and Sanne Struijk
AbstractAuthor's information

    Penal protection orders (PPOs) aim to protect initial victims from repeat victimisation and in a broader sense from any danger for his or her dignity or psychological and sexual integrity and may therefore be important instruments for victim safety. However, knowledge on the actual practice of the PPOs and the successes, dilemmas and challenges involved is scarce. In this article, we describe the legal framework and actual enforcement practice of Dutch PPOs. The theoretical framework leading our explorative analyses regards Lipsky’s notion of ‘street-level bureaucracy’ and the succeeding work of Maynard & Musheno and Tummers on coping strategies and agency narratives of frontline workers. Using interview data from criminal justice professionals, victims and offenders, we describe the conditions of the enforcement practice and answer the question which coping mechanisms and types of agencies the professionals tend to apply in order to meet the legislative aims and to protect victims as effectively as possible. Results show that the five conditions described by Lipsky are clearly present. So far, in almost all situations the process of monitoring violations is reactive and because knowledge on risk indicators for violent escalation is still limited, it is difficult for frontline workers to decide how many and what type of resources should be invested in which cases. This results in a ‘moving away from clients’ strategy. However, within this context in which reactive enforcement is the default, we also found several examples of coping that represent ‘moving towards clients’ strategies.


Tamar Fischer
Tamar Fischer is Associate Professor of Criminology at the Erasmus Universiteit Rotterdam, the Netherlands.

Sanne Struijk
Sanne Struijk is Professor of Penal Sanctions Law and associate professor of Criminal Law at the Erasmus University Rotterdam, the Netherlands.
Article

Access_open The Common Law Remedy of Habeas Corpus Through the Prism of a Twelve-Point Construct

Journal Erasmus Law Review, Issue 2 2021
Keywords Habeas corpus, common law, detainee, consitution, liberty
Authors Chuks Okpaluba and Anthony Nwafor
AbstractAuthor's information

    Long before the coming of the Bill of Rights in written Constitutions, the common law has had the greatest regard for the personal liberty of the individual. In order to safeguard that liberty, the remedy of habeas corpus was always available to persons deprived of their liberty unlawfully. This ancient writ has been incorporated into the modern Constitution as a fundamental right and enforceable as other rights protected by virtue of their entrenchment in those Constitutions. This article aims to bring together the various understanding of habeas corpus at common law and the principles governing the writ in common law jurisdictions. The discussion is approached through a twelve-point construct thus providing a brief conspectus of the subject matter, such that one could have a better understanding of the subject as applied in most common law jurisdictions.


Chuks Okpaluba
Chuks Okpaluba, LLB LLM (London), PhD (West Indies), is a Research Fellow at the Free State Centre for Human Rights, University of the Free State, South Africa. Email: okpaluba@mweb.co.za.

Anthony Nwafor
Anthony O. Nwafor, LLB, LLM, (Nigeria), PhD (UniJos), BL, is Professor at the School of Law, University of Venda, South Africa. Email: Anthony.Nwafor@univen.ac.za.
Article

Access_open The Role of the Vienna Rules in the Interpretation of the ECHR

A Normative Basis or a Source of Inspiration?

Journal Erasmus Law Review, Issue 2 2021
Keywords European Convention on Human Rights, European Court of Human Rights, techniques of interpretation, the Vienna Convention on the Law of Treaties
Authors Eszter Polgári
AbstractAuthor's information

    The interpretive techniques applied by the European Court of Human Rights are instrumental in filling the vaguely formulated rights-provisions with progressive content, and their use provoked widespread criticism. The article argues that despite the scarcity of explicit references to the Vienna Convention on the Law of Treaties, all the ECtHR’s methods and doctrines of interpretation have basis in the VCLT, and the ECtHR has not developed a competing framework. The Vienna rules are flexible enough to accommodate the interpretive rules developed in the ECHR jurisprudence, although effectiveness and evolutive interpretation is favoured – due to the unique nature of Convention – over the more traditional means of interpretation, such as textualism. Applying the VCLT as a normative framework offers unique ways of reconceptualising some of the much-contested means of interpretation in order to increase the legitimacy of the ECtHR.


Eszter Polgári
Eszter Polgári, PhD, is assistant professor at the Department of Legal Studies of the Central European University in Austria.
Article

Access_open Big Data Ethics: A Life Cycle Perspective

Journal Erasmus Law Review, Issue 1 2021
Keywords big data, big data analysis, data life cycle, ethics, AI
Authors Simon Vydra, Andrei Poama, Sarah Giest e.a.
AbstractAuthor's information

    The adoption of big data analysis in the legal domain is a recent but growing trend that highlights ethical concerns not just with big data analysis, as such, but also with its deployment in the legal domain. This article systematically analyses five big data use cases from the legal domain utilising a pluralistic and pragmatic mode of ethical reasoning. In each case we analyse what happens with data from its creation to its eventual archival or deletion, for which we utilise the concept of ‘data life cycle’. Despite the exploratory nature of this article and some limitations of our approach, the systematic summary we deliver depicts the five cases in detail, reinforces the idea that ethically significant issues exist across the entire big data life cycle, and facilitates understanding of how various ethical considerations interact with one another throughout the big data life cycle. Furthermore, owing to its pragmatic and pluralist nature, the approach is potentially useful for practitioners aiming to interrogate big data use cases.


Simon Vydra
Simon Vydra is a Researcher at the Institute for Public Administration, Leiden University, the Netherlands.

Andrei Poama
Andrei Poama is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Sarah Giest
Sarah Giest is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Alex Ingrams
Alex Ingrams is Assistant Professor at the Institute for Public Administration, Leiden University, the Netherlands.

Bram Klievink
Bram Klievink is Professor of Digitization and Public Policy at the Institute for Public Administration, Leiden University, the Netherlands.
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