Comparative Youth Justice is the first book to critically reflect on contemporary juvenile justice reform in England and Wales and across various other western jurisdictions including the US, Canada, France, the Netherlands, New Zealand, Australia, Belgium, Scotland, Japan, Italy and Finland. In doing so, it identifies major international differences in juvenile policy and practice. However, Contemporary Youth Justice is not simply an attempt to document national similarities and differences, but looks critically at how global trends are translated at the local level. This book also examines how youth justice is implemented in practice with a view to promoting change as well as reflection.
Chapter 5: The Netherlands: Penal-Welfarism and Risk Management
The Netherlands: Penal-Welfarism and Risk Management
Today there seems to be little left of the once famous ‘Dutch tolerance’ in law enforcement. The development of the prison system from a system led by rehabilitation and prisoners' rights to an actuarial model of incapacitation probably best exemplifies this shift (Downes and van Swaaningen, forthcoming). Because Dutch youth justice, more than any other part of the criminal justice system, is a hybrid of punitive and welfare rationales, it is particularly pertinent to analyse whether a shift from ‘penal-welfarism’ to a ‘culture of control’ (Garland, 2001) has taken place in this area as well.
In doing so, we will first deal with some legal questions. The legal debate is dominated ...