Research programme

Criminal Justice: Socially effective criminal justice 2023-2029

In the Criminal Justice research programme, legal experts, criminal law experts and social scientists – many of whom are criminologists – collaborate on various projects. The research programme focuses on the content and form of decisions that are, can and may be taken in the criminal justice chain based on tasks and designated responsibilities and assesses them from the perspective of the democratic rule of law.

Contact: Miranda Boone

Decisions made within the criminal justice system by different actors at various stages in the criminal justice chain involve both legislation and preventive measures, detection, enforcement, adjudication, enforcement of sanctions as well as ‘aftercare’. Not only are these decisions chronologically sequential, but they can also ideally be considered together as part of links in a chain that are interrelated, dependent, aligned and balanced. This implies that the tasks and powers assigned to the actors, for the purpose of those decisions, are tailored to their role in the overall system, which should also include the European and international legal order.

Socially effective criminal justice

After a successful review of the research programme, the focus over the coming period will be on socially effective criminal justice that also reflects the new flag under which the research programme will be conducted in the coming years. The title reflects the goal that our research will contribute to identifying, analysing and explicitly solving issues that exist in society and that the criminal justice system is currently facing.

This both involves a certain focus and implies a limitation. While we will focus on themes that are also relevant beyond the faculty (for example, the university's research focus areas, the Dutch Research Agenda and the Sustainable Development Goals of the United Nations), we will be hesitant or seek collaboration with other academic disciplines where the application of criminal law cannot play a convincing role, or only a limited role, in solving today’s problems in society. This view is in line with a notion of criminal law, where its effective application must always be consistent with the underlying values and principles upon which the applicable criminal law is founded.

Fellows

PhD candidates

External PhD candidates

In the coming years, the research programme will focus on three key questions:

When can, and should, unacceptable or criminal behaviour be tackled, for example using interventions under criminal law? And when not?
Questions arise related to criminalisation, investigation and prosecution decisions, defining the scope of criminal law compared to other areas of law, undesirable consequences of a criminal approach and punishment.
How can fighting crime contribute to solving serious issues in society and which factors play a role in the success or failure of measures to effectively tackle these issues?
Research on this question also covers questions about the evolving roles of actors in the European and national criminal justice system (e.g. the role of the judge and the role of the European Public Prosecutor's Office), as well as the evolving role and responsibility of companies, agencies and citizens in the investigation of serious issues in society.
What are the effects, intended or unintended, of fighting crime? How can processes related to punishment be set up in such a way that they are more effective, whilst being humane and complying with fundamental human rights)?

In addition to the research themes that already exist – Punishment and Fact-finding – two new focus areas were established in 2023: Vulnerable groups and inequality and Financial and economic crime and Undermining.

Related research

Criminal Justice: Socially effective criminal justice 2023-2029
- Pre-Trial Detention of Juveniles in Dutch Practice