Het stelsel van jeugdbescherming krijgt veel aandacht. In dit artikel wordt specifiek stilgestaan bij innovatie, de totstandkoming hiervan en hoe deze innovatie leidt tot overwegingen voor een volgende stap richting de toekomst van jeugd- en gezinsbescherming.

Few legal theorists today would argue that the domain of law exists in isolation from other normative spheres governing society, notably from the domain of ‘politics’. Nevertheless, the implicit norm that judges should not act ‘politically’ remains influential and widespread in the debates surrounding controversial court cases. This article aims to square these two observations. Taking the Miller v. Secretary of State and Urgenda cases as illustrative case studies, the article demonstrates that what it means for judges to adjudicate cases ‘apolitically’ is itself a matter of controversy. In reflecting on their own constitutional role, courts are forced to take a stance on substantive questions of political philosophy. Nevertheless, that does not mean that the ‘norm of judicial apoliticality’ should therefore be rejected. The norm’s coherence lies in its intersocial function: its role in declaring certain modes of judicial interpretation and intervention legitimate (‘legal’/‘judicial’) or illegitimate (‘political’).

Confessional secrecy is inviolable under Catholic canon law, and violations of it are severely sanctioned. Some people see this secret as an obstacle to the legal process in society and advocate a limitation in its use. This article argues that this form of confidentiality also can be defended in civil law because of the protection of spiritual care. Confessional secrecy is analyzed here and compared with forms of official secrecy that are recognized in society. Finally, there is a plea for a clear legal framework for the application of this confessional secret by Catholic priests.

The article is a plea to reconsider the new impetus that the second Vatican council in the catholic church has brought about, and to give it shape in the ecclesiastical administration of the catholic church. After a period of strong renewal this movement seems to be evaporated in the Netherlands, whereas this council and the code of 1983 have a lot of opportunities to offer. On the basis of a number of concrete examples of administrative reforms that Pope Francis and some of the newly appointed bishops have realized, the author offers some concrete proposals.

Is behavioural profiling a viable alternative to more traditional approaches to profiling, viewed from the perspectives of underlying theoretical assumptions and measures of effectiveness? In this article we describe behaviour profiling in relation to other types of profiling, we review relevant psychological mechanisms that underpin behaviour profiling, and discuss effectiveness of this type of profiling as well as methodological aspects of measuring effectiveness. Behaviour profiling is a method largely used to select potential offenders before the offence is committed by observing and giving meaning to behaviours preceding incidents. Deviant behaviours exhibited by suspects can be either part of a modus operandi related to the offence, the consequence of increased stress, or an atypical response to prodding actions by security officers. Relevant psychological mechanisms to explain ways behaviour profiling works include direct characteristics of deception as well as indirect indicators of deception, such as a criminal being more self-focused and more cognitively engaged. Effectiveness of behaviour profiling is increased by training, including learning more about modi operandi and related behaviours, awareness of biases in general, specific relevant biases, and techniques to correct for these biases.

In this article the German concept of accessory prosecution (Nebenklage) is discussed. The Nebenklage was implemented in the Code of Criminal Procedure of 1877. It had merely an accessory function in conjunction with the private prosecution and the Klageerzwingungsverfahren, two legal institutions which had little practical relevance. Nowadays, in the course of the modern victim movement, the Nebenklage has radically changed into an instrument that is clearly provided as the main participatory option for victims interested in actively contributing to the trial of ‘their’ criminal. Previous research findings are outlined and the results of an explorative survey are presented. The findings suggest that the mere presence of the victim lawyer can significantly change the atmosphere in the courtroom, thus enhancing the willingness of the defence to treat the victim more respectfully.

During childhood, a child is entitled to receive special care and assistance. The child’s best interest should be a primary objective. The Dutch government has an obligation to guarantee the children rights. But do the closed youth care accommodations meet the requirements as stated in the International Child Rights Convention, as far as deprivation of liberty and treatment under coercion are concerned? The study concluded that some closed youth care institutions do not meet the requirements as stated in the above mentioned Convention. There is often no possibility of free expression, physical complaints may not be taken seriously, an adequate standard of living is not always provided and the level of education is often too low. Most of the minors indicate that they are bored during their stay in the accommodations. On this basis, limiting the fundamental rights of these youngsters is currently surrounded with inadequate guarantees.