Case matching as a method for international comparative research into prison rates

• In Event: Methodology and prison

Abstract

Comparative law research, which examines the similarities and differences in the legal systems or legal practices of two or more countries, has many obstacles. To explain differences in prison population trends between the Netherlands and Belgium, we introduce case matching as an innovative research method.This method enables us to follow comparable cases retrospectively through both the Dutch and Belgium criminal justice system. Through a thorough matching process, 40 Belgian criminal cases have been paired with 40 Dutch case files. To ensure the comparability of the cases, various criteria have been used, encompassing aspects of the offense (such as the applicable legal article, modus operandi, and indicators of the severity of the offense) as well as characteristics of the suspect (including age, gender, and criminal record). The judicial decisions and outcomes at each stage of the criminal justice process have been recorded, (re)coded, and compared using both qualitative and quantitative analyses. The strength of case matching lies in its ability to provide a thorough understanding of the treatment of comparable criminal cases across different criminal justice systems. In addition to some initial findings, we also discuss practical and theoretical challenges of this research method.

Authors

• Hester de Boer, Leiden University

• Oliviér Nuyts, Leiden University

• Sigrid van Wingerden, Leiden University

• Kristel Beyens, Vrije Universiteit Brussel

• Miranda Boone, Leiden University