Two strikes you’re out? Punishing repeat offenders of violent crimes in Dutch criminal courts

• In Event: Sentencing 5. Sentencing of Specific Crimes and Specific Offenders

Abstract

Several proposals have been made in the Netherlands in recent years to introduce high minimum sentences for offenders repeatedly convicted of serious violent crimes. In response to the latest proposal, the question has been raised to what extent criminal courts already impose heavier sentences for recidivism in serious violent and sexual offences compared to first offenders. Specifically, what does the increase in punishment entail of and to what extent does it result in long(er) detention?
To answer this question, we draw on a literature review, a quantitative and qualitative analysis of case law of 766 court judgments (2020-2023), a content analysis of 32 court files and 7 focus groups with 27 participants, including judges, lawyers, public prosecutors, and policy officers of probation organisations. Our results indicate that criminal courts generally impose heavier sentences on repeat offenders than on first offenders after finding recidivism in serious violent and sexual offences. Furthermore, the results provide insights into judges’ motivations behind punishments. During the workshop we aim to present the results of our study and to address the normative question of whether recidivist offenders should be sentenced to higher (minimum) sentences.

Authors

• Sonja Meijer, Radboud University

• Masja van Meeteren, Radboud University