CRIMINAL JUSTICE SYSTEMS (COMPARATIVE) - Essay Example

But despite social ghettos, criminal justice and the law still remains the same for the rich and poor. 1 The justice system followed in Amsterdam is somewhat different from Krakow, Prague or USA. The full implications of Amsterdam criminal justice for Member States' competence in criminal law matters have not always been appreciated by the expounded institutions because of the fact that it is not only permissible for States to take action in respect of such breaches but is in fact required of them to do so has become clearer only in very recent years.

Indeed, as late as 1977 in Amsterdam Bulb BV v. Produktschap voor Siergewassen, the Court of Justice went no further than to talk in terms of it being permissible for Member States to provide penalties for the breach of Community criminal law. 2 The latest principle relating to Criminal law is introduced as the fourth principle of transparency, which was developed somewhat earlier in the Amsterdam Bulb case.3 This 'transparency' principle acts as a constraint primarily on the legislature to ensure that national legislation does not conceal the Community nature and effects of a legal provision from the persons to whom it applies.

As 'drug crime' is the most extending and outbound in Amsterdam, the final policy element in criminal legislation is the recognition that the criminal law plays only a minor role in the Dutch war in case of drugs. Central government has accepted that criminal proceedings should not be allowed to cause individual drug users more harm than might occur through drug use itself. The resultant level of legal intervention, accompanied by a gradual process of controlled integration of drug taking, could lead to the removal of any stigma against drug users.

In Amsterdam from the entire criminal justice system may take place when a person is arrested by the police, who may, instead of initiating a criminal procedure by informing the public prosecutor, choose to arrange a civil commitment, particularly if the person has a history of previous admissions to psychiatric hospital. Once the matter has reached the prosecutor, there are no prosecutorial guidelines for the non-prosecution of mentally disordered offenders, and the appropriate disposal will be a matter for the court.

Forensic mental health assessments in Amsterdam may be carried out on an outpatient or in-patient basis in a psychiatric hospital.4 Criminal justice policy has reflected these ideas to an extent in Amsterdam, but has never given statutory recognition to them such recognition emerges much more in relation to diversion from court and custody. Diversion from crime, then, has included many forms of prevention activity leisure groups run by social workers, the universal provision of youth facilities, behaviour modification, and other treatment programmes, counselling and a wide range of 'social crime prevention' schemes which often focus on 'at risk' groups (for example, children who five in high rise flats, large-scale council housing estates and so on); but also more 'mechanical' forms of intervention greater surveillance in shops and public transport, the introduction of 'vandal-proof' building materials and the physical security of buildings, for example.

Indeed, 'situational crime prevention' of this sort has recently found favour in national and local crime prevention