The aim of the present research was to gain insight into the topic of ‘task-related rule-breaking behavior’ (TRB) among Dutch police officers. TRB is a more refined alternative for the concept of noble cause corruption and has been defined as: police officers breaking rules or formal agreements for the purpose of acting in a manner that contributes to the lawful police task. Qualitative research has been conducted within one of the ten regional police forces in the Netherlands. Results show that TRB appears to be a relatively common phenomenon during policework. Behaviors are categorized in sixteen categories and five overarching outlines. In addition, attention is given to several important factors that could be related to TRB being distinguishable between police officers’ individual responsibility and organizational factors. To handle TRB, it is recommended to pay attention to the police officers’ approach of judging and rationalizing their own behavior, their level of knowledge, and social skills. Furthermore, organizational structure (i.e., spam of control) and police leadership may, among other factors, play an important role in encouraging TRB. Especially the way supervisors deal with police officers’ professional autonomy needs specific attention in order to reduce TRB. Autonomy needs guidance in the form of clear orders followed by feedback and coaching. Also, an active form of ethical leadership is needed. An action framework is presented that could be helpful to supervisors to judge and thereby reduce forms of TRB. |
Zoekresultaat: 8 artikelen
Artikel |
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Tijdschrift | Tijdschrift voor Veiligheid, Aflevering 4 2020 |
Trefwoorden | taakgerelateerd ongeoorloofd handelen, noble cause corruption, politie, leiderschap, ethiek |
Auteurs | Robin Christiaan van Halderen en Benjamin Rafaël van Gelderen |
SamenvattingAuteursinformatie |
Article |
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Tijdschrift | Erasmus Law Review, Aflevering 4 2020 |
Trefwoorden | wrongful conviction, criminal justice, Criminal Cases Review Commission, Court of Appeal, discretion. |
Auteurs | Carolyn Hoyle |
SamenvattingAuteursinformatie |
Since 1997, the Criminal Cases Review Commission of England, Wales and Northern Ireland has served as a state-funded post-conviction body to consider claims of wrongful conviction for those who have exhausted their rights to appeal. A meticulous organisation that has over its lifetime referred over 700 cases back to the Court of Appeal, resulting in over 60% of those applicants having their convictions quashed, it is nonetheless restricted in its response to cases by its own legislation. This shapes its decision-making in reviewing cases, causing it to be somewhat deferential to the original jury, to the principle of finality and, most importantly, to the Court of Appeal, the only institution that can overturn a wrongful conviction. In mandating such deference, the legislation causes the Commission to have one eye on the Court’s evolving jurisprudence but leaves room for institutional and individual discretion, evidenced in some variability in responses across the Commission. While considerable variability would be difficult to defend, some inconsistency raises the prospects for a shift towards a less deferential referral culture. This article draws on original research by the author to consider the impact of institutional deference on the work of the Criminal Cases Review Commission and argues for a slightly bolder approach in its work |
Article |
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Tijdschrift | Erasmus Law Review, Aflevering 4 2019 |
Trefwoorden | environmental crime, waste industry, shipbreaking, waste trafficking, environmental enforcement |
Auteurs | Karin van Wingerde en Lieselot Bisschop |
SamenvattingAuteursinformatie |
The increasing volume of waste generated globally is one of the most prominent environmental issues we face today. Companies responsible for the treatment or disposal of waste are therefore among the key actors in fostering a sustainable future. Yet the waste industry has often been characterised as a criminogenic one, causing environmental harm which disproportionately impacts the world’s most vulnerable regions and populations. In this article, we illustrate how companies operating in global supply chains exploit legal and enforcement asymmetries and market complexities to trade waste with countries where facilities for environmentally sound treatment and disposal of waste are lacking. We draw on two contemporary cases of corporate misconduct in the Global South by companies with operating headquarters in the Global North: Seatrade and Probo Koala. We compare these cases building on theories about corporate and environmental crime and its enforcement. This explorative comparative analysis aims to identify the key drivers and dynamics of illegal waste dumping, while also exploring innovative ways to make the waste sector more environmentally responsible and prevent the future externalisation of environmental harm. |
Artikel |
Als huiselijk geweld en georganiseerde misdaad samenkomen…De weerbare professional op het grensvlak tussen strafrecht en hulpverlening |
Tijdschrift | PROCES, Aflevering 4 2019 |
Trefwoorden | Huiselijk geweld, Georganiseerde misdaad, Ondermijning weerbaarheid |
Auteurs | Mr. Sylvia van Dooren, Prof. dr. Janine Janssen, Prof. dr. Emile Kolthoff e.a. |
SamenvattingAuteursinformatie |
There is casuistry, where on the one hand it is the turn of the professionals from the investigation, enforcement and prosecution and on the other hand the turn of the social workers from the social domain. This is the case, for example, when domestic violence occurs in circles that are also involved in organized crime. In theory it is possible that the professionals involved work together, but it is also not impossible that they will get into each other’s waters because they have a different vision of the problem to be tackled and, of course, also have to fulfill other roles and tasks based on their positions. A professional must be able to handle complex situations of this kind. |
Kroniek |
Ambtelijke en bestuurlijke corruptie in Nederland; waar staan we anno 2018? |
Tijdschrift | Tijdschrift voor Criminologie, Aflevering 4 2018 |
Trefwoorden | Corruptie, Integriteit, Rechtshandhaving, Openbaar bestuur |
Auteurs | Prof. dr. Hans Nelen en Prof. dr. Emile Kolthoff |
SamenvattingAuteursinformatie |
The most recent extensive study on political and administrative corruption in The Netherlands dates back to 2005 (Huberts & Nelen, 2005). Afterwards various studies have been conducted on related subthemes and areas. In this contribution, the state of affairs regarding political and administrative corruption – and the responses to them – in The Netherlands in 2018 is described, based on the results of these studies. Starting with an overview of the nature and severity of political and administrative corruption, the focus shifts to relevant developments in the control and prevention of corruption, partly addressing the causes of the phenomenon. |
Praktijk |
De wereld van de wetenschapper en de wereld van de praktijkUtilitaire overpeinzingen en een onderzoek naar regelovertreding door politieambtenaren |
Tijdschrift | PROCES, Aflevering 6 2016 |
Auteurs | drs. Robin Christiaan van Halderen |
Auteursinformatie |
Article |
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Tijdschrift | Erasmus Law Review, Aflevering 1 2016 |
Trefwoorden | Criminal reconciliation, Confucianism, decentralisation, centralisation |
Auteurs | Wei Pei |
SamenvattingAuteursinformatie |
In 2012, China revised its Criminal Procedure Law (2012 CPL). One of the major changes is its official approval of the use of victim-offender reconciliation, or ‘criminal reconciliation’ in certain public prosecution cases. This change, on the one hand, echoes the Confucian doctrine that favours harmonious inter-personal relationships and mediation, while, on the other hand, it deviates from the direction of legal reforms dating from the 1970s through the late 1990s. Questions have emerged concerning not only the cause of this change in legal norms but also the proper position of criminal reconciliation in the current criminal justice system in China. The answers to these questions largely rely on understanding the role of traditional informal dispute resolution as well as its interaction with legal norms. Criminal reconciliation in ancient China functioned as a means to centralise imperial power by decentralizing decentralising its administration. Abolishing or enabling such a mechanism in law is merely a small part of the government’s strategy to react to political or social crises and to maintain social stability. However, its actual effect depends on the vitality of Confucianism, which in turn relies on the economic foundation and corresponding structure of society. |
Artikel |
Creatief gebruik van bevoegdhedenEen explorerend onderzoek binnen de Nederlandse politie |
Tijdschrift | Tijdschrift voor Veiligheid, Aflevering 1 2013 |
Trefwoorden | Policing, Creative Use of Authorities, Noble Cause Corruption;, Organizational Misbehavior (OMB), Case study |
Auteurs | Robin Christiaan van Halderen en Karin Lasthuizen |
SamenvattingAuteursinformatie |
Police officers sometimes use creative ways in deploying their authorities when they deal with obstacles that hinder the pursuit for higher organizational goals or the common interest. By doing this, the boundaries of legislative rules might be stretched or even exceeded. This article reports the findings of a Dutch case study within the police into this phenomenon, which the authors described as the ‘creative use of authorities’. By means of observations and interviews within the researched police forces 57 cases were described and analyzed. The cases enabled a first categorization of distinctive forms of creative use of authorities with 4 essential core elements, that is: abstain from use, abuse, improper use and selective use of authorities. |