The Criminal Case Processing of Foreign Nationals in the Netherlands

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.

Investigating sentence severity with judicial open data

“…Both van Wingerden et al (2016) and Wermink et al (2017) study the influence of the personal circumstances of the offender on the sentencing. In a recent article, Light and Wermink (2021) investigate the influence of nationality on sentencing. The standard for Dutch sentencing research is set by van Wingerden et al (2016), with an R 2 of 0.60.…”

Pretrial Detention and Incarceration Decisions for Foreign Nationals: a Mixed-Methods Approach

“…The aim of these interviews was to shed light on the ways in which prosecutors and judges themselves consider the unique challenges posed by foreign defendants in their day-to-day decision-making. For more information about participant recruitment, see Light and Wermink (2021).…”

“…Although there is a presumption that defendants should be released pending their trial, prior research provides ample reason to believe that foreign nationals are disadvantaged at the pretrial stage. For one, it is likely that non-Dutch citizens are more likely to be viewed as flight risks, especially if they lack a permanent residence in the Netherlands (Light & Wermink, 2021). In line with the focal concerns perspective (Kramer & Ulmer, 2009), citizenship may also be used as a cue to gauge the defendant's dangerousness and culpability.…”

Investigating sentence severity with judicial open data -- A case study on sentencing high-tech crime in the Dutch criminal justice system

“…Subsequently, both van Wingerden et al (2016) and Wermink et al (2017) study the influence of the personal circumstances of the offender on the sentencing. In a recent article, Light and Wermink (2021) investigate the influence of nationality on sentencing.…”