Overarching views of crime and deviancy : rethinking the legacy of the Utrecht School

On October 1, 1934, Willem P.J. Pompe (1893-1968), Professor of Criminal Law at Utrecht University between 1928 and 1963, founded the 'Criminological Institute' (Criminologisch Instituut) within the Faculty of Law of Utrecht University. Pompe initiated a rather influential academic movement, based on multidisciplinary cooperation between jurists, criminologists, and psychiatrists. This academic movement is commonly referred to as 'the Utrecht School,' which had its heyday in the 1950s. In 1974, 40 years after its formation, the Institute was renamed after its founder: the Willem Pompe Instituut voor Strafrechtswetenschappen, and another 40 years later, in 2014, the Institute celebrated its 80th anniversary. This volume is published in recognition of the festive occasion. The central theme chosen for this collection is cross-border research in the fields of criminal law, penitentiary law, criminology, and forensic psychology/psychiatry. The first section consists of contributions that primarily address the history and research tradition of the Institute. The other sections each contain a number of contributions that represent the current state of the research activities at the Institute, and cover a variety of contemporary issues in general criminal law and criminal procedure, regulatory criminal law, European criminal law, juvenile criminal law, penitentiary law, forensic psychology/psychiatry, and criminology. \*\*\* Librarians: ebook available on ProQuest and EBSCO [Subject: Criminology, Penology, Forensic Psychology, Criminal Law, European Law] Cover Title page Contents Prologue 1 On this volume and the occasion of its publication 2 Introductory notes on the chapters in this volume 3 Some methodological notes and words of thanks Part I: Historical Relections on Criminal Law Scholarship, Forensic Psychiatry, and Criminology Chapter 1 Overarching Thought: Criminal Law Scholarship in Utrecht 1 Preliminary notes 2 Chronological characterization: a history of the Institute 3 Thematic characterization: three constants in criminal law scholarshipin Utrecht 4 Concluding observations Chapter 2 The Boost of Forensic Psychiatry Embedded in Utrecht Cooperation 1 Introduction 2 Post-war expansion of forensic psychiatry 3 Connections between the university and the Observation Hospital 4 Research 5 Teaching forensic psychiatry 6 Developments Chapter 3 Criminology at the Willem Pompe Institute of Utrecht University: The First Fifty Years 1 Introduction 2 Criminography 3 Crime and religion (1938) 4 Criminal families in Utrecht (1940) 5 Female criminality (1940) 6 Dutch villages with a bad reputation 7 Rural-urban differentials in crime 8 Social deviance and crime among immigrants in Amsterdam 9 Crime under foreign occupation 10 Teaching during the second criminology period at the Willem PompeInstitute: 1967-1988 Chapter 4 Cultural Criminology Utrecht Style 1 Introduction 2 The cultural criminological roots 3 Cultural criminology in the polder 4 Criminology in Utrecht 5 Current criminological research at Utrecht 6 Future challenges Photographic Intermezzo Part II: Contemporary Issues in General Criminal Law and Criminal Procedure Chapter 5 Law Like Love 1 The Utrecht School 2 The power of law 3 The ethics of conlict 4 Changing perspective(s) on mens rea 5 The rule of law 6 Law is the law Chapter 6 The ‘Victim Paradigm’ in (International)Criminal Justice 1 Introduction: a missed chance 2 Aspects of justice and criminal law 3 Victims, justice and international criminal law 4 Victims in the context of domestic criminal justice 5 Conclusions Chapter 7 ‘I Take You as my Lawfully Wedded Wife’ Comparison and observations with regard to the penalization of forced marriages 1 Introduction 2 Framing forced marriages as a social problem 3 The European standard 4 The Dutch legal discourse 5 The English legal discourse 6 The Dutch and English law in action 7 Some comparative observations 8 Conclusion Chapter 8 The Tolerance of Intolerance An evaluation of the scope of Articles 137c and 137d of the Dutch Criminal Code 1 Introduction 2 Article 10 ECHR: general framework 3 The two provisions in a nutshell 4 The case law discussed 5 Conclusion Chapter 9 Changing Ideas on Corporate Criminal Liability A comparison between the Netherlands and England and Wales 1 Introduction 2 The historical development of corporate liability in Dutch criminal law 3 The Dutch concept: a general provision on corporate criminal liability 4 Developments in English criminal law: vicarious liability and the identiication principle 5 Recent developments: The Corporate Manslaughter and Corporate Homicide Act and (2007) the Bribery Act (2010) 6 Corporate criminal liability: towards a new method of attribution 7 Conclusion Chapter 10 Corporate Intent: In Search of a Theoretical Foundation for Corporate Mens Rea 1 Introduction 2 Why business ethics as a frame of reference? 3 Two models of corporate criminal liability 4 Corporate criminal liability and intent in Dutch criminal law 5 Intentionality from an ethical perspective: function and meaning 6 Analysis and conclusions: signiicance for criminal law? Chapter 11 The Role of Financial Capacity in Dutch Coniscation Law: Changes in Legislation andan Alternative Approach 1 Introduction 2 Dutch coniscation law 3 The role of inancial capacity 4 Implications for the legal position of the convicted person 5 The role of future inancial capacity: an alternative approach in light of a rehabilitative perspective 6 Conclusion Part III: Contemporary Issues in Regulatory Criminal Law, European Criminal Law, Juvenile Criminal Law, and Penitentiary Law Chapter 12 Criminal Law Enforcement of EU Harmonised Financial Policies: The Need for a Shared Criminal Policy 1 Introduction 2 Enforcing inancial regulations: the law in action 3 An EU-orientated criminal justice policy in the Netherlands? 4 An EU criminal justice policy? 5 Conclusions Chapter 13 Juvenile Justice and Juvenile Crime: The Tradition and Topicality of an Interdisciplinary Approach 1 Introduction 2 Juvenile justice research in 80 years of the Willem Pompe Institute 3 Current research 4 Conclusion Chapter 14 The Development of Rechtsburgerschap of Prisoners: A National and European Perspective 1 Introduction 2 The development of rechtsburgerschap in the Netherlands 3 The development of rechtsburgerschap: a European perspective 4 Concluding remarks Chapter 15 Collateral Consequences and the Principle of Proportional Punishment 1 Introduction 2 Collateral consequences 3 Recent developments: four examples from practice 4 The Utrecht School and the notion of proportional punishment 5 The role of the criminal court judge 6 Discussion Part IV: Contemporary Issues in Forensic Psychiatry and Psychology Chapter 16 On (Free) Will 1 Introduction 2 The phenomenology of will and of the freedom of will 3 The psychopathology of will 4 Some views of will and freedom of will 5 A combined theory 6 The meaning of interiority in criminal law Chapter 17 Two Faces of Accountability: A Forensic Mental Health Perspective 1 Introduction 2 Format of the discussions 3 First case: Bram 4 Second case: Willem 5 Conclusion Chapter 18 Explaining Arson: A Cross-Border Theoretical Approach 1 Introduction 2 A criminological approach: routine-activities theory 3 A psychological approach: single-factor explanations 4 A psychological approach: multi-factor explanations 5 A psychopathological approach: disordered offenders 6 Conclusions Part V: Contemporary Issues in Criminology Chapter 19 The Label ‘Multi-Problem Family’: Still a Leading Concept for Future Policy Directives? 1 Introduction 2 Multi-problem families in the Netherlands 3 Historical and political context of the label multi-problem family 4 Multi-problem family: the literature and policy documents 5 International critique of the term ‘multi-problem family’ 6 Conclusion and discussion Chapter 20 In the Wake of War: A Cultural Criminological Perspective on the Growth of the Sex Industry in Kosovo 1 Introduction 2 The cultural criminological perspective 3 Meaning of post-war prostitution in Kosovo 4 Obscured causes for the growth of the Kosovar sex industry 5 Effects of a one-sided representation 6 Concluding remarks Chapter 21 Mobility Rules. Migrants and Drifters FareWell (?) in Post-Welfare Europe 1 Amuse-gueules 2 Apéritive: mobility rules 3 Entrée: security and the representation of (un)deserving ‘denizens’ 4 Hors d’oeuvres: social sorting in the late modern bureaucratic field 5 Plat de résistance: innovative strategies to fare well ... and theirunintended (?) consequences 6 Digestive: to see or not to see ... Conclusion and discussion Chapter 22 Cultural Criminology and the Internet: Challenges for Online Criminological Research 1 Introduction 2 Cultural criminology at the WPI 3 Illegal markets and the internet 4 Cultural criminology and the internet 5 Online market for illicit pharmaceuticals 6 Methodological challenges in the virtual world 7 Conclusion Chapter 23 Towards Moral Principles Regarding Non-Human Animals: A Green Criminological Perspective 1 Introduction 2 The emergence of green criminology 3 Moral principles and the human and non-human animaell artionship 4 Trade in, exhibition and keeping of exotic non-human animals 5 Industrialization of non-human animals for food 6 Conlicting human interests, species justice and increasing moralprinciples 7 The ‘other’ victims 8 The future and green criminology Postscript 1 Introduction: from risks to crises 2 Dazzling modern complexities 3 Conceptual borders: responsibility and dehumanizing tendencies 4 Geographical borders: globalization and Europeanization 5 Scientiic borders: multidisciplinarity and interdisciplinarity 6 Conclusion: from slavery to bravery About the Authors and Editors "On October 1st 1934 Willem P.J. Pompe (1893-1968), Professor of Criminal Law at Utrecht University between 1928 and 1963, founded the 'Criminological Institute' (Criminologisch Instituut) within the Faculty of Law of Utrecht University. Pompe initiated a rather influential academic movement, based on multidisciplinary cooperation between jurists, criminologists and psychiatrists. This academic movement is commonly referred to as 'the Utrecht School', which had its heyday in the 1950s. In 1974 - forty years after its formation - the Institute was renamed after its founder: the Willem Pompe Instituut voor Strafrechtswetenschappen. And another forty years later, in 2014, the Institute celebrated its eightieth anniversary. This book is written with the aim of adding lustre to this festive occasion. The central theme chosen for this collection of chapters is cross-border research in the fields of criminal law, penitentiary law, criminology, and forensic psychology and psychiatry.Besides a prologue and a postscript, the book contains twenty-three chapters, clustered in five parts. This first part consists of contributions that primarily address the history and research tradition of the Institute. Parts two to five each contain a number of contributions that represent the current state of the research activities at the Institute, and cover a variety of contemporary issues in, respectively, general criminal law and criminal procedure, in regulatory criminal law, European criminal law, juvenile criminal law, and penitentiary law, in forensic psychology and psychiatry, and in criminology."-- Back cover On October 1st 1934 Willem P.J. Pompe (1893-1968), Professor of Criminal Law at Utrecht University between 1928 and 1963, founded the ‘Criminological Institute’ (Criminologisch Instituut) within the Faculty of Law of Utrecht University. Pompe initiated a rather influential academic movement, based on multidisciplinary cooperation between jurists, criminologists and psychiatrists. This academic movement is commonly referred to as ‘the Utrecht School’, which had its heyday in the 1950s. In 1974 - forty years after its formation - the Institute was renamed after its founder: the Willem Pompe Instituut voor Strafrechtswetenschappen. And another forty years later, in 2014, the Institute celebrated its eightieth anniversary. This book is written with the aim of adding lustre to this festive occasion. The central theme chosen for this collection of chapters is crossborder research in the fields of criminal law, penitentiary law, criminology, and forensic psychology and psychiatry. Besides a prologue and a postscript, the book contains twenty-three chapters, clustered in five parts. This first part consists of contributions that primarily address the history and research tradition of the Institute. Parts two to five each contain a number of contributions that represent the current state of the research activities at the Institute, and cover a variety of contemporary issues in, respectively, general criminal law and criminal procedure, in regulatory criminal law, European criminal law, juvenile criminal law, and penitentiary law, in forensic psychology and psychiatry, and in criminology