Criminal Law Sanctions Research Articles

Forensic mental hospitals according to Dutch standards

This paper briefly examines the forensic mental health system in The Netherlands. A description of the criminal law sanction TBS is given. This is a therapeutically oriented sanction in the Dutch criminal code. In 15 items the Dutch forensic mental health system is typified and characterised. The hospital as a therapeutic instrument and the necessity for diversion from the hospital is dealt with in this contribution.

Chasing the Social Evil: Moral Fervour and the Evolution of Canada's Prostitution Laws, 1867-1917.

[T]he ordinary citizen who detests exploited prostitution has no unbalanced desire for legislation at any price. He or she is prepared to face the inescapable truth that the causes of this evil cannot be touched by law, however perfectly conceived, however perfectly administered. Those who are obsessed by a frenzy for legislative measures achieve contentment and futility. The slow way is the only way of advance here: education, a changed social outlook, a gradual reorganization of economic conditions, these may remove such causes as are within our control. And not the wisest of us can prophesy but that we shall find the primary cause will baffle us at the end. Teresa Billington-GreigThe relationship between criminal law and morality is one which has always evoked strong feelings. Moreover, the question of whether and how to use criminal law sanctions to curb sexual immorality has been particularly susceptible to both outbursts of moral fervour in the community at large and to the pressure exercised by crusaders and propagandists with moral missions.

The effect of sexual stratification by race on arrest in sexual battery cases

LaFree finds that in most respects officials react more seriously to black assailants who assault white victims than other suspects. Yet paradoxically black assailants who assault white victims are not more likely to be arrested. He explains this apparent inconsistency by proposing that place of incarceration or length of sentence have to do with the seriousness of the offense, whereas arrest has to do with whether the assailant is guilty or innocent. This paper rejects that distinction, arguing that both involve judgments that reflect the influence of similar factors. Several such factors are examined in an analysis of 347 offense reports on sexual battery in Tallahassee over a recent five-year period. The data show that exceptionally cleared cases are the rule in black assailant-black victim (BB) rapes where victims and assailants are mostly acquainted, whereas cases pending predominate in black assailant-white victim (BW) rapes where victims and assailants are mostly strangers. When victims and assailants are acquainted, proportionately more arrests are made in BW rapes than in BB rapes. These findings are consistant with conflict theory’s position that powerful groups enforce sexual-property rules by the differential application of criminal law and punitive sanctions.