The Criminal Case Processing of Foreign Nationals in the Netherlands

Abstract

Abstract Foreign nationals are increasingly encountering the criminal justice institutions of many European countries. Yet, basic questions about how they are punished within these institutions, particularly at the early stages of case processing, remain unanswered. This article combines linked case information from arrest through sentencing with interviews of Dutch judges and prosecutors to fill this gap. Our findings reveal considerable unexplained citizenship disparities in multiple case outcomes. Compared to Dutch citizens arrested for the same crimes and with similar criminal records, foreign nationals are more likely to have their cases referred to court, to be detained, convicted, and imprisoned. The interviews identified several mechanisms that explicate these differences, including (i) annoyance when foreign nationals are perceived to be in the country for the purpose of committing crime; (ii) logistical issues when noncitizens do not have a permanent residence, and; (iii) undermining the need for reintegration because many defendants are unlikely to remain in the Netherlands.