The Mobile Security Monitor (MSM) is a form of migration policing in the border areas of the Netherlands, carried out by the Royal Netherlands Marechaussee (KMar). The MSM has a complex legal and policy framework, merging migration control aims with certain elements of crime control. This raises the question how the officers carrying out the MSM interpret the exact aim of the instrument and their own accompanying powers and what this means for the way they carry out their task. Our results show that many officers see ‘catching criminals’ an important part of their job and that in order to achieve this, they sometimes make ‘creative use’ of their wide-ranging powers. Although similar results have been found in research with the police, KMar officers differ because of their ability to combine migration law and criminal law powers. This fits in with the process of crimmigration and the broader tendency of ad-hoc instrumentalism, which refers to a way of thinking about law and legal procedures in which the formal distinction between legal domains is considered less important and criminal justice actors can freely choose the most effective instrument to deal with the situation at hand. This means that the formal ground for a decision is not always transparent, especially not for people that are subjected to the MSM. Moreover, criminal law enforcement contains many more legal and procedural safeguards than administrative controls. |
Zoekresultaat: 6 artikelen
Jaar 2017 xArtikel |
Op de grens van het vreemdelingentoezicht: discretionaire beslissingen binnen het Mobiel Toezicht Veiligheid |
Tijdschrift | Tijdschrift voor Veiligheid, Aflevering 2-3 2017 |
Trefwoorden | migratiecontrole, crimmigratie, Discretie, grenspolitieambtenaren, Koninklijke Marechaussee |
Auteurs | Jelmer Brouwer, Maartje van der Woude en Joanne van der Leun |
SamenvattingAuteursinformatie |
Artikel |
De invloed van snelle analyseresultaten op de interpretatie van een plaats delictEen experimentele studie |
Tijdschrift | Tijdschrift voor Criminologie, Aflevering 1-2 2017 |
Trefwoorden | forensic science, crime scene investigation, mobile identification techniques, hypothesis formation, database matches |
Auteurs | Jaimy Meeuwissen MSc, MCI, Madeleine de Gruijter MSc en Prof. dr. Christianne de Poot |
SamenvattingAuteursinformatie |
Mobile identification techniques will, in the near future, make it possible to rapidly analyze DNA and fingerprint traces during a crime scene investigation, compare them with reference samples, and use the results in the investigation. In this experimental study the influence of these rapid analysis results on the formation of hypotheses, and of database matches in these results on the interpretation of traces by Crime Scene Investigators (CSIs) in the Netherlands was studied. A group of CSIs (N=65) conducted a simulated crime scene investigation. The analysis results as well as the moment these were provided were manipulated. The results show that the analysis results influence the formation of hypotheses by CSIs, and that this influence is time-dependent. Judgments by CSIs regarding the importance of traces were shown not to be influenced by database matches. |
Artikel |
Internetbankieren: veiligheidspercepties van gebruikers |
Tijdschrift | Tijdschrift voor Veiligheid, Aflevering 1 2017 |
Trefwoorden | Risicoperceptie, Online bankfraude, Slachtofferschap, Informatiebeveiliging |
Auteurs | Jurjen Jansen, Nicolien Kop en Wouter Stol |
SamenvattingAuteursinformatie |
In today’s society, full use is made of online banking. This makes safety and security of online banking an important issue. Two significant threats to users of online banking in The Netherlands are phishing and malware attacks. In this study, an end-user perspective is adopted to study customers’ perceptions regarding safety and security of online banking. A unique feature to this study is that we explore – besides other predictor variables – the relationship between online banking fraud victimization and risk perception. We have made a distinction between three types of victimization: 1) self-experienced victimization, 2) victimization of acquaintances, such as family and friends, and 3) having heard of stories in the media about online banking fraud victimization. Based on a secondary analysis of data from 1200 Dutch users of online banking, collected through an online survey, we conclude that participants perceive their risk of online banking fraud to be small. In general, participants have little experience with victimization, both themselves (2.3%) and in social settings (29.6%). Three quarters of the respondents (75.6%) are aware of victimization of online banking fraud by means of media coverage. Direct and indirect victimization, however, have almost no influence on risk perception regarding online banking fraud. Risk perception is mainly determined by perceived vulnerability, that is, the estimated probability of becoming a victim of online banking fraud. Furthermore, perceived severity or impact of online banking fraud and the degree of trust in online banking contribute to some extent to risk perception. In total, 64.0% of variance in risk perception was explained by the predictors perceived vulnerability, perceived severity, locus of control, trust in online banking, (in)direct experiences with victimization (self, acquaintances and media) and demographic variables (gender, age, educational level and work status). The results of this study may help to improve communication about risks regarding online banking. |
Artikel |
Voor wie is herstelrecht?Een studie naar slachtoffers en (niet-)participatie |
Tijdschrift | Tijdschrift voor Herstelrecht, Aflevering 1 2017 |
Trefwoorden | restorative justice, victim participation, victim-offender, mediation, victims’ motivations |
Auteurs | Daniela Bolívar |
SamenvattingAuteursinformatie |
The phenomenon of victim participation in restorative justice (RJ) has been studied from two main angles: describing victims’ motivations to take part in RJ and studying the benefits that different groups of victims may obtain when participating in RJ. However, methodological limitations of former studies have impeded to offer conclusive answers to the question ‘for whom is RJ’. This article offers insights into these issues, focusing on the descriptive findings of a mixed-method study carried out in the context of victim-offender mediation (in Spain and Belgium) and assessed before the encounter (if any) took place. Findings suggest that, before mediation, victims’ personal characteristics tend to differ. The factor ‘victim-offender relationship’ also appeared as an important variable. Implications of these findings are discussed. |
Artikel |
Onherstelbaar onrechtEen verkenning van de verhouding tussen recht en onrecht |
Tijdschrift | Tijdschrift voor Herstelrecht, Aflevering 1 2017 |
Trefwoorden | victims, justice, injustice (experiences), intimacy, restoration |
Auteurs | Antony Pemberton en Nanda Oudejans |
SamenvattingAuteursinformatie |
In this article the authors reflect upon Judith Shklar’s classic book The Faces of Injustice. They maintain that injustice is wrongly confined to the absence or counterpart of justice. The authors discuss the relationship between and the difference between injustice and justice. According to the authors, injustice has more intensity than justice. Legal rules have only limited power to fight extreme forms of injustice. They argue that there is an asymmetry between justice and injustice, also because the law introduces values as predictability and regularity that, in concrete situations, are badly equipped to eliminate injustice. They claim that injustice is rooted in the idiosyncratic perspectives of those who suffered harm and argue that injustice has a ‘playful’ character, while the law has the character of a game. Finally, they argue that injustice is at the core an intimate experience, whereas justice is primarily about relationships between people. The authors outline the implications of these points for thinking about restoration and the relationship between restoration processes and the law. |
Casus |
La Justice RestaurativeVerslag van het eerste internationale congres over herstelrecht in Frankrijk, Parijs, 17 & 18 januari 2017 |
Tijdschrift | Tijdschrift voor Herstelrecht, Aflevering 1 2017 |
Auteurs | Annemieke Wolthuis |
Auteursinformatie |