When criminal law works unfairly against people in vulnerable positions
Criminal law can reinforce social inequality. ‘People at the lower end of society are hit harder by criminal law in a range of different ways’, says Professor Marloes van Noorloos. ‘That has to change.’
Van Noorloos is Professor of Criminal Law and Criminal Procedure at the Institute of Criminal Law and Criminology. In her inaugural lecture ‘Criminal Law and Social Inequality’ on Friday 10 April, she will explore how social inequality manifests itself within criminal law and how we can address it. ‘People in disadvantaged socioeconomic positions are more likely to be suspected, prosecuted and given harsher sentences. They may then find themselves caught in a vicious circle, making it even harder to escape poverty.’
Bans on begging and rough sleeping
People who are living in poverty or experiencing homelessness regularly face local bans on begging or sleeping rough, as well as fines for public urination. Such penalties can violate their human rights. ‘We are seeing growing social criticism of these practices’, says Van Noorloos. ‘Fortunately, there is now greater awareness, and Leiden, for example, has decided to repeal its bans on begging and sleeping rough.’
Other sanctions, such as traffic fines, also have a disproportionate effect on people with more limited financial means. In addition, factors such as having a stable income or fixed address are taken into account at various stages of the criminal justice process. ‘There’s a certain logic to this’, Van Noorloos explains, ‘but it also means that people who lack these are hit even harder. Socioeconomic inequality can also lead indirectly to inequality on the basis of migration background.’
Critical look at rules, policy and practice
According to Van Noorloos, it is essential to look critically at how rules that appear neutral on paper can nevertheless have unequal effects on people who are already in a vulnerable position. International human rights law also underscores the need to do so.
She argues that judges and prosecutors should take social inequality more explicitly into account: for example, when determining the severity of the punishment or deciding whether prosecution is appropriate or whether alternatives might be preferable.
Legal regulations are also important. One option would be to take financial capacity into account more systematically by setting fines partly based on a person’s financial situation.
‘Judges and prosecutors strive to act fairly, but the results do show socioeconomic disparities.’
Prejudices about poverty
Raising awareness is also important when it comes to persistent stereotypes and prejudices about people in socially disadvantaged positions. One common assumption, for example, is that “they have only themselves to blame”.
‘I can see that a movement is emerging to address this issue more actively’, says Van Noorloos. ‘It’s being discussed more and more within the judiciary, though there is also tension. Judges and prosecutors strive to act fairly, but the results do show socioeconomic disparities, even when controlling for a range of factors. The Investico Study of class justice in the Netherlands a few years ago is a good example.’
This research showed that for the same offence, people with lower levels of education and a migration background are more likely to be punished than people with higher levels of education and no migration background.
Van Noorloos looks forward to bringing together all relevant stakeholders (legal experts, criminologists, legal practitioners, civil society organisations, and, of course, family and friends) during her inaugural lecture to raise awareness of this issue. ‘Social inequality really touches me on a personal level. We need to work together to ensure that people in vulnerable positions are not hit extra hard by our criminal justice system.’
The main auditorium is fully booked for Marloes van Noorloos’s inaugural lecture. Additional seating is available in the overflow room, and the lecture will also be streamed live.