Punishment can be effective if several conditions regarding type, intensity celerity and certainty are met. Less well-known (or perhaps under-emphasized) is that a number of other conditions have to be met as well for punishment to be effective. Punishment should be accompanied by positive reinforcement of desirable behaviour, and the delinquent should essentially be treated like a person who can think reasonably (or is able to learn to do so). Moreover, he should be treated as a person who has right to personal attention that does not necessarily come to an end with the expiration of terms of punishment. These are some results of a review of literature about the possibilities to change individual behaviour within the framework of criminal law. Both criminological and psychological publications were studied. Based upon this review, the author presents a number of recommendations for criminal policy and policy-oriented scientific research in the Netherlands. Aspects of substantive law, rules of procedure, the execution of penalties and the application of criminal law in practice are discussed. Special attention is given to influencing the behaviour of juvenile delinquents. Especially `alternative' sanctions like community service offer opportunities for positive reinforcement of desirable behaviour. Among the available treatments cognitive-behavioural and family interventions appear to be the most effective. Therapeutic interventions that are in content related to the crime committed, seem to be comparatively effective. To understand the meaning of a sentence well, the offender should be capable of a minimal level of abstract reasoning. For some offenders the concept `conditional' may be too difficult. From a psychological point of view, elements of punishment can hide within the criminal procedure. Certainty about what is going to happen may increase the effectiveness of (threatening with) punishment. The legal security offered in criminal procedures is a suitable instrument to offer some degree of predictability. Furthermore, the effectiveness of criminal procedures can be increased by explaining the offender what is happening, for instance by informing him about the reason for apprehension. The language employed in summons is for many defendants hard to understand. The author proposes a simplification of charges. Moreover, judges should be legally obliged to motivate their judgement in more than a few stereotypes. Consequent application of disciplinary measures seems to be effective in influencing the behaviour of prison inmates. If a community service is not completed according to the arrangements, this should never remain without consequences. The (further) development of classification systems for delinquents will only be meaningful if they will result in indications for treatment. In the execution-phase an important role is proposed for the probation service. More than any other part of the system, the probation service has opportunities to reward well-adjusted behaviour by offenders. Further, personal attention and support improve the effectiveness of the intervention. Contact with probation officers and other supervisors often are ended as soon as the treatment is finished or when terms of punishment are expired. The effectiveness of follow-up sessions and continuing contact should become subject of more research. The enormous supply of cases threatens the effectiveness of criminal interventions. Improvement of the certainty and celerity of sanctions is more likely to help and solve this problem than increasing the severity of sentences. In doing so, increasing the chance of getting caught is of great importance. According to psychological research, a gradual increase in the severity of the punishment can be counterproductive. The initial level of punishing should not be too low; for criminal law this implies that for a first offence a (mild) sentence is more effective than dismissing a charge. Also contributive to the effect of the penal reaction is the relation between the offender and the punishing authorities. Giving the right example is important and representatives of the police force and the judiciary should be of blameless behaviour. Criminological research has demonstrated that the younger the person, the more he or she is susceptible to influences from outside. This conclusion is confirmed by results of psychological research. Especially for juveniles a mild punishment will often suffice, if and only if it is applied quickly. Therefore, the maintenance of a separate (relatively mild and quick) criminal justice system for juvenile delinquents is advocated.
Abstract