Abstract

Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!

Highlights

  • Sentences are impacted by the severity of the crime of which an offender is convicted

  • We assess whether severity of the offence, offender sex, recidivism and offender family characteristics impact the type of sentence and custodial sentence length for embezzlement in a convenience sample of adults residing in the Netherlands

  • We found that the severity of the crime and recidivism had an impact on sentence type and sentence length

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Summary

Introduction

Sentences are impacted by the severity of the crime of which an offender is convicted. Some criminal justice systems have legal prescriptions to punish recidivists more severely, such as the Netherlands - the country where our study was conducted – where recidivism is prescribed to add a third to sentence length. In addition to such legally relevant factors, it is often observed that factors that should not or need not play a role in sentence length – such as gender – do impact sentence length. Many studies highlight a persistent trend: that is, when it comes to sentencing outcomes, female offenders are sentenced to prison less often and for shorter time spans. Part of this effect may be due to judges taking into consideration the fact that women offenders are more often (single) caretakers of children, even when the law does not give specific guidelines to do so

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