Adolescent criminal law in terrorist cases. Linking theory to practice.

• In Event: EXTREME Panel 1. Youth and radicalization

Abstract

Rising numbers of young terrorist offenders are cause for concern for numerous organizations, including the judiciary. Multiple suspects of crimes with terrorist intent have been prosecuted in recent years, many of whom were young adults. In the Netherlands, young offenders aged 16 to 22 can be tried either as a juvenile or an adult, under adolescent criminal law. The present study examines the application of adolescent criminal law in these terrorist cases.

Based on a case law analysis, this study first examines how often and why the use of adolescent criminal law has been advised (e.g. by the probation service). Next, an examination of the considerations of judges concerning the application of adolescent criminal law will be provided.

Results point at a variety of factors that are taken into account when advising about/deciding on the application of adolescent criminal law. The factors often pertain to the life circumstances of the suspects. However, characteristics of the offences, their societal impact and the risk of recidivism are also taken into account.

Whereas adolescent criminal law allows the court to take the offender’s development into account, it appears that, in the context of terrorist cases, other concerns often prevail. Results will be discussed in light of recent insights into risk factors for youth radicalization and terrorist recidivism, but also in light of widely acknowledged criminological insights about (juvenile) delinquency.

Authors

• Elanie Rodermond, Vrije Universiteit Amsterdam

• Nathalie Berger, Vrije Universiteit Amsterdam