Multiculturaliteit en verdediging in strafzaken
This research aims to gain an insight into the phenomenon of 'cultural criminal cases' and the way in which the Dutch administration of justice responds to these cases. In choosing the defence lawyer's position in criminal law as a point of departure, the central question posed by the research is the following: In which ways does Dutch criminal law provide room for the defendant's cultural background to be taken into consideration? This research question is divided into a number of sub-questions that are successively dealt with in the eight chapters of this book. One of the most striking findi... Mehr ...
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Dokumenttyp: | Dissertation |
Erscheinungsdatum: | 2006 |
Schlagwörter: | Rechtsgeleerdheid / cultural defence / Dutch criminal law / cultural offences / defence position |
Sprache: | Niederländisch |
Permalink: | https://search.fid-benelux.de/Record/base-27066684 |
Datenquelle: | BASE; Originalkatalog |
Powered By: | BASE |
Link(s) : | https://dspace.library.uu.nl/handle/1874/19175 |
This research aims to gain an insight into the phenomenon of 'cultural criminal cases' and the way in which the Dutch administration of justice responds to these cases. In choosing the defence lawyer's position in criminal law as a point of departure, the central question posed by the research is the following: In which ways does Dutch criminal law provide room for the defendant's cultural background to be taken into consideration? This research question is divided into a number of sub-questions that are successively dealt with in the eight chapters of this book. One of the most striking findings is the fact that in cultural criminal cases it often remains very unclear to the defence whether and how the cultural factor will effect the eventual judgement. This insecurity can lead the defence to the situation where no mention is made of the case's cultural background, even if this is against the client's interest. A second important conclusion is that Dutch criminal law is very much biased in favour of Dutch, or Western, norms and values. This is inevitable, but in the case of a cultural criminal case this may lead to the fact that the defendant makes legal reproaches that might require review. An example is the great importance attached to the specific ways in which feelings of remorse and regret should be shown, although a defendant from an ethnic minority group might not understand this or hold different opinion. Another example is the way in which legal terms are defined, which might mirror quite biased assumptions as well. As discussed above, the term 'complicity' might not be completely applicable to defendants from ethnic minority groups, especially women, because they might lack the necessary mens rea. Furthermore, the often used 'criteriumfiguur' or 'reasonable person' test in criminal law might be adapted to a society that is shaped by people who increasingly base their identities on various cultural orientations. In that context, it is recommendable that the Dutch criminal justice administration should ...