MAJORITY DUTCH JUDGES IN FAVOUR OF LEGALISING SOFT DRUGS

A Dutch magazine managed to hold a survey of the Dutch judiciary. They were allowed to question the members of the Dutch Association for Jurisdiction anonymously. The results of the inquiry show that more than two third of the Dutch judges are in favour of legalising soft drugs. A minority of 23% thinks that also hard drugs should be crossed out of the criminal law book. Often more than half the lawsuits in The Netherlands are related to drugs and the jails are stuffed with drug related criminals.

The survey shows that 81% of the questioned judges confirm that the drugs cases absorb far too much time. A majority also expects no improvement in the fight against these drug related offences. A few months ago a judge form the South of the Netherlands already delcared that he was in favour of the legalisation of soft drugs, because 'the criminal proceedings suffer seriously as a result of the fight against drugs'.

Three-quarter of the questioned judges does not agree with the thesis that the Dutch punish too lightly. 7% of the judges are even supporter of the reintroduction of the death penalty. Around 90% say that prisoners should sit out their jail sentence to the end. Persons that are set free in an earlier stage should earn this early release. Now prisoners in The Netherlands automatically get two third reduction of their sentence.

According to the chairman of the Dutch Association for Jurisdiction the image of the judges in society improves. Since the early nineties there is a crisis of confidence between the citizen and the judiciary, according to the chairman. The association comes with recommendations. Judges should motivate their sentences better and show more emotion to emphasize their human side. The appearance of partiality should be opposed by registering all jobs on the side. This should also be made public.

In contrast with the advise of the Dutch Scientific board for the government Policy, that recommended to appoint more judges, the Minister of Justice wants citizens to solve more disputed by themselves. Also alternative jurisdiction should be developed. According to the mayor of one of the major Dutch cities, not only citizens but also the administrators lack confidence in the judiciary. The judge should think in a administrative way so the judiciary does not have any paralysing effect. According to him, especially mistakes in the legal proceedings and the inadequate motivation of sentences are not accepted by both the citizens and the administrators. more features

October 8, 2003