Research acknowledges potential of community justice
Theoretical evidence shows that community justice can be effective. This appears from a study presented today, commissioned by the Dutch Research and Documentation Centre. Judges can often intervene more effectively in a hearing held at a community centre instead of a courtroom, helping to raise public faith in the judiciary.
Community justice projects are currently running in Eindhoven, Rotterdam, Amsterdam, Tilburg and The Hague. Besides these projects in neighbourhoods, however, a study was also needed on whether the goals the judiciary wants to achieve with these projects are supported by what science already knows about them. The study shows that the assumptions about the favourable effect of community justice are indeed correct. An Plan Evaluation on Community Justice confirming this was presented today. ‘We have tested, as it were, whether the idea of applying community justice has a theoretical basis.’ The outcome, however, appears to come mainly from theoretical research and there is little empirical research that reaches that conclusion.
The Research and Documentation Centre (WODC), which is part of the Ministry of Justice and Security, commissioned researchers from Leiden and Utrecht to conduct the study. The researchers emphasise that the beneficial effect of this way of administering justice still needs to be confirmed by further evaluation research, i.e. an empirical study at locations where community courts are already used in the Netherlands. Whether the goals are actually achieved should become apparent through this upcoming study, which is also being conducted by researchers from Leiden University and Utrecht University.
Community justice
The idea behind community justice is that the judge holds small-scale hearings in a community centre which is easily accessible to local residents. From a legal perspective, there is no difference compared to regular judicial proceedings. The judge focuses on a solution for the defendants or litigants in that neighbourhood. There may be multiple problems related, for instance, to debt collection, divorce, or school absenteeism and for people coming into contact with the law. The judge's intervention is more personal, active and tailored in approach compared to the regular courtroom. When it comes to young people in particular, this more informal approach can help stop them ending up on the wrong side of the law or slipping further into a life of crime.
Objectives
The aim of the judiciary is not to simply take decisions on imposing sanctions, for example, it also wants to help solve multiple problems that people often have when they are at risk of slipping into a life of crime, or are already there. The judiciary also wants to improve public faith in the justice system. In the United States, community justice has been a tried-and-tested concept for many years and it also served as inspiration for the Dutch variant.
Better cooperation
A theoretical basis has now been laid for the other goals of community justice. Social workers, the police and lawyers should be able to approach the judge more easily, who in turn can get more information about a person's situation. The judge is then able to intervene with greater effect and speed, especially when a person’s situation involves multiple problem areas. The judiciary also wants to contribute to better safety and liveability across neighbourhoods and improve the well-being of residents in those areas. ‘People are coming up against legal brick walls and that’s something the judiciary wants to tackle,’ the report states.
The Evaluation Plan on Community Justice is a study conducted by the universities of Utrecht (Montaigne Centre for Rule of Law and Administration of Justice) and Leiden (Institute for the Interdisciplinary Study of the Law and the Institute of Criminal Law and Criminology): Professor E. (Eddy) Bauw (UU), Professor R.C. (Rogier) Hartendorp (UL), Dr R.M. (Rosa) Koenraadt (UL), Dr A.A.T. (Anke) Ramakers (UL) and Dr M.A. (Marc) Simon Thomas (UU).
Jan-Willem Oomen
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