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The Criminal Justice System of the Netherlands offers an
introduction to our fascinating legal system from a criminal law
angle. The book consists of four parts. Part I covers general
matters, such as the organization of the Dutch criminal justice
system and the latest statistics on crime and punishment. Part II
presents the basics of Dutch substantive criminal law and Part III
discusses our criminal procedure. Lastly, Part IV focusses on the
final stage of the criminal process: sanctions and their
enforcement. Throughout the book, authors highlight aspects of the
criminal justice system of the Netherlands that would be of
specific interest to foreigners. These peculiarities include, for
example, the many powers of the Dutch public prosecutor, the Dutch
position on euthanasia and our (in)famous drug policy. The book
contains several references to case law, websites and more detailed
texts (in English where possible) in order to support readers who
desire a more thorough understanding of a specific topic. The
Criminal Justice System of the Netherlands is recommended to
students taking an introductory course on Dutch criminal law or on
comparative criminal law. It is, however, also an excellent
starting point for foreign researchers who wish to explore the
Dutch criminal law system.
What legal avenues do states have to regulate cannabis cultivations
and trade for recreational use? This question has generated heated
discussions in various societies, in political and academic
discourses. Several states are considering adjusting or have
adjusted their legal and policy approaches towards a more lenient
regulation of cannabis cultivation and trade for the recreational
user market.This book addresses the legal question to what extent
domestic initiatives involving the regulation of cannabis
cultivation for recreational use are compatible with the relevant
UN narcotic drugs conventions and European Union law. To this end,
the book provides a comprehensive and detailed analysis of the UN
Single Convention on Narcotic Drugs (1961), as amended by the
Protocol in 1972, and the UN Convention against Illicit Traffic in
Narcotic Drugs (1988). The relevant European law is also
considered, particularly the so-called Schengen acquis (1985
Agreement and 1990 Implementation Agreement), the Joint Action on
illegal drug trafficking (1996) and the Framework Decision on
Illegal Drug Trafficking (2004). This analysis forms the basis for
an evaluative framework for various initiatives that have advanced
the regulation of cannabis cultivation for reactional use in
several states, such as the 'coffeeshop system' in the Netherlands,
the steps towards legalization of cannabis in several states in the
Americas and Canada and the phenomenon of Cannabis Social Clubs.
The criminal justice system encompasses the most severe instrument
at the state's disposal in times of peace. For this and many other
reasons, overuse of that system is a serious matter.It may present
itself in different forms. Overuse of criminalization may mean that
too much conduct is criminalized without necessity. Overuse of
prosecution may present itself if too many violations of criminal
offences are prosecuted, while in certain individual cases or
specific categories of cases it would be more effective, fairer,
more efficient or otherwise desirable to refrain from prosecution
and/or to apply alternative means, such as negotiating justice or
administrative fines. Finally, the criminal justice system can be
overused through the application and execution of too many or too
severe prison sentences.All these forms of overuse are discussed in
this volume. It contains one introductory chapter, seven thematic
chapters and sixteen chapters on individual countries around the
world. Themes discussed in these chapters are, among others, the
principle that criminal law is and must be regarded as a so-called
ultima ratio or ultimum remedium, the relevant human rights
framework, worldwide statistics, and legal and practical restraints
as well as possibilities to solve overuse.Containing an extensive
collection of expert knowledge, this volume intends to expose legal
possibilities, good practices and the many challenges that lie
ahead when attempting to prevent overuse in the criminal justice
system.
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David Nicholls
Paperback
R470
R431
Discovery Miles 4 310
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