Analysis shows ‘class fairness’ based on background and education

People who commit a crime but have foreign roots and have not completed a higher professional education are three times more likely to be sentenced to prison than native Dutch people suspected of the same crime with a university degree, according to an analysis by CBS. figures from broadcaster NOS and investigative journalism platform Investico have shown.

NOS and Investico looked at 1.2 million statements by public prosecutors, half a million statements by judges and 200,000 verdicts in cases ranging from pickpocketing to assault and murder.

The analysis showed that having foreign roots leads to more prosecutions, more convictions and more custodial sentences. People with a migration background have a 23% chance of ending up in prison, compared to only 8.3% for native Dutch educated people.

Judges were usually guided by the suspect’s level of education, but background also played a role in sentencing. The figures do not take into account the fact that a suspect has been convicted previously, which would lead to a higher sentence.

It is the first time that inequality in treatment has been investigated by the courts. In addition to analyzing the CBS figures, NOS and Investico also spoke with prosecutors, judges and lawyers. Many within the judiciary say that judges take the suspect’s personal circumstances into account when imposing the sentence.

Court spokesperson Jacco Janssen said that the judge looks at a suspect’s work, living conditions and relationships. “When it comes to the choice between community service and a custodial sentence and people have a job, the judge will try to save the job. If they don’t, things will only get worse and that will not benefit society,” he said.

Advocates question the process, saying people sent to prison will be at an even greater disadvantage. “They are not eligible for a certificate of good behavior and will always have to account for their time in prison, whether it concerns a job interview or to qualify for housing,” says lawyer Milan van Hulst.

In a written response, the Council for the Judiciary, which represents the judges, states that judges cannot always prevent “unconscious prejudices” from influencing their decisions, but that this is a “pitfall” that is constantly “thought about”.

“It is up to the judges to decide what is an appropriate punishment, with the best effect on the perpetrator and society. Discrimination or class justice is contrary to the principles of justice. Every suspect has the right to a fair trial,” the council said.

The council also said the results of the analysis coincide with findings from previous studies.

The Public Prosecution Service did not comment on the findings, but said that “punishment is not a matter of calculations or statistics, but is based on balance and practical practical insight.”

The Ministry of Justice says that the WODC research department recently launched an investigation into the over-representation of people with foreign roots in criminal cases, which will also involve prejudice based on the suspect’s socio-economic circumstances.