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Embedded in society: the impact of criminal law research

Should the maximum sentence for murder be increased? What effect does a police reprimand have on minors? How effective are contact or restraining orders in protecting victims? And what forms of violence do journalists face? These are just a few examples of the topics researched by the criminal law academics at Erasmus School of Law in recent years. Sanne Struijk, Professor of Penal Law, and Pieter Verrest, Professor of Criminal Law and Criminal Procedural Law, share their insights on the impact of their research on education and society.

A passion for criminal law

For Verrest, the fascination with criminal law began at a young age. 鈥淎s a child, I was fascinated by crime and its detection鈥, he explains. Combined with his interest in society and history, this led him to study law, with criminal law immediately capturing his attention. 鈥淐riminal law is about how a society is organised, about the norms that exist, and the question of when government intervention is needed to keep society on track.鈥 Verrest鈥檚 career began at the Ministry of Justice and Security, where he gained extensive experience in legislation and policy, both nationally and in Europe. He later returned to academia to pursue his passion for research and teaching.

鈥淚 was immediately captivated by the questions raised by law鈥, Struijk recalls about the beginning of her studies at Erasmus University. 鈥淒uring my studies, my focus shifted from the law itself to the individuals affected by it, looking at the legal framework but also from the perspective of the ordinary citizen up against the powerful system.鈥 As a Student Assistant, Struijk discovered her passion for passing on knowledge. 鈥淪ome people say, somewhat negatively, that I stayed at the same university and in the same field. But I still have the same passion for criminal law and for contributing to the continuous improvement of this area of law within this great academic institution.鈥

Struijk鈥檚 expertise lies in penal law. 鈥淚t is the individual who is subjected to the legal system and who鈥攐n legitimate grounds and through proper procedures鈥攊s sanctioned for their actions. It is, therefore, essential to carefully consider this system鈥, she explains. 鈥淗ow do you sanction that behaviour? And, most importantly, what effect does that have on the person displaying the behaviour?鈥

Connecting research and practice

鈥淐riminal law in Rotterdam is characterised by its strong societal orientation鈥, Verrest explains. 鈥淥f course, we conduct high-quality legal research, but we are particularly interested in how criminal law functions in various societal issues.鈥 This societal focus is also evident in the fact that almost all members of the criminal law section, in addition to their academic roles, are also active in the legal profession, Struijk notes. 鈥淏esides being a judicial member of the Supervisory Board of Rotterdam鈥檚 De Schie prison, I, like many colleagues, serve as a judge. This dual role is a win-win for both the judiciary and the university. In the judiciary, you can sometimes offer a different perspective, while in lectures, you can vividly share real-world experiences based on your own experiences as a judge.鈥

These roles are also important for academic research. 鈥淵ou must have a footing in society to feel what is happening there鈥, Struijk explains. 鈥淔or us, this is essential, as it is part of what we value; it is in our DNA.鈥 Verrest agrees: 鈥淔or research, it鈥檚 vital to know how the practice works and what people experience there. That鈥檚 how you ask the right questions.鈥

"Academic research brings fact-based knowledge in the quest for a safe and just society." - Pieter Verrest

Contributing to legislation

A year studying in France sparked Verrest鈥檚 interest in comparative law: 鈥淢any of the societal problems we face here are also experienced by other countries. From femicide to money laundering and limited judicial capacity. I believe there is a lot we can learn from each other.鈥 Verrest emphasises that countries are searching for solutions to the same issues. 鈥淢oreover, an increasing amount of criminal law is EU legislation, which is ultimately made in Brussels for all of us鈥, he adds.

鈥淲e have done a lot of research over the past few years鈥, Verrest says. 鈥淢ost of it has been commissioned by the Ministry of Justice and Security. In such cases, you know it will be used for new legislation, policies, or discussions in Parliament. In this way, we significantly contribute to creating regulations and policies and the effective functioning of criminal law in practice.鈥

Struijk highlights recent research on Italy鈥檚 41-bis detention regime, which examines the stricter prison conditions for serious criminals and its applicability to the Dutch detention system. 鈥淐omparative law was at the core of this research鈥, she explains. Although the research did not result in changes to the Dutch regime, it contributed significantly to the societal debate. 鈥淭here was a policy response, a legislative proposal, and then a private member鈥檚 bill鈥, Verrest adds. 鈥淓ach time, our report played a role in these developments.鈥

Another recent study focused on the transfer of criminal prosecutions within the EU. 鈥淵ou can transfer a prosecution to the authorities of another country if you believe they are in a better position to handle the investigation and trial,鈥 Verrest explains. Initially focused on the practices of nine member states, the two-year study expanded to cover 9 member states. 鈥淭he European Commission had started drafting a legislative proposal, and they drew heavily from our research鈥, Verrest says. 鈥淚dentifying bottlenecks and solutions and seeing the results incorporated into European legislation is incredibly exciting. Suddenly, we found ourselves at the heart of European legal research.鈥

An unyielding drive

Struijk and Verrest acknowledge that the current societal climate and cuts to scientific education and research make it increasingly difficult to continue conducting research. 鈥淎cademic research is not just about opinions; it provides factual knowledge in the quest for a safe and just society鈥, Verrest explains. Struijk agrees: 鈥淯ltimately, it is important for all of us that political decisions about criminal law are based on a solid understanding of how the system works.鈥

The drive to conduct research and make an impact remains strong. Struijk and Verrest conclude: 鈥淚t is easy to say 鈥榯hings must change,鈥 but to do that, you must first understand how things work and where the levers are. That is what we strive to teach our students, who will become future professionals in the legal field and take on important roles in practice. And it is also what we aim to contribute to policymakers in the Netherlands and across Europe.鈥 鈥

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