Students often treated more leniently by Dutch judges, researchers find

Two years ago, De Groene Amsterdammer and Investico concluded that the lower your social status, the harsher your punishment in the Dutch justice system. “The Public Prosecution Service is more likely to prosecute you, judges are more likely to find you guilty, and you are more likely to be sent to prison,” they wrote.

The WODC, an independent research institute of the Ministry of Justice and Security, analysed 2.5 million court cases and has now reached a similar conclusion: people with lower levels of education receive harsher sentences than those with a degree from a university of applied sciences or a research university.

In education

Particularly striking are the figures for adults who are ‘in education’. This group may include students in higher education, but also people enrolled in evening classes, says Sunil Choenni, Chief Science Officer at the WODC and professor at Rotterdam University of Applied Sciences.
For the same offences, the ‘overall package of sanctions’ for students is on average 54 per cent lighter than for people without work or education. They receive lower fines and are less often required to serve prison sentences.

Suspects with a stronger socio-economic position are less likely to appear in court

The WODC also examined other factors, such as housing situation, position in the labour market (employed or receiving benefits), and income. Suspects with a stronger socio-economic position are less likely to appear in court, as they are more likely to reach a settlement with the Public Prosecution Service. This alone results in lighter penalties, since only a judge can impose a prison sentence.

Migration background

The WODC also looked at suspects’ migration background. This has less influence on sentencing than income, level of education, or housing situation. The researchers note, however, that they only examined formally registered ‘suspects’. It may be that such individuals are stopped by the police more often, but that falls outside the scope of the study.

In some cases, it is understandable that students receive lighter sentences, explains Sunil Choenni. After serving a sentence, individuals must return to society. “By imprisoning someone, they are unable to attend lectures, whereas education can help someone get their life back on track. That may be why students are more often given alternative penalties, such as community service combined with a fine, instead of imprisonment.”

However, Choenni does not believe all differences are easily explained. “Higher-educated individuals may better understand the system, or be more effective in communicating with a judge during proceedings. They may also be better at expressing remorse. But the question is whether that should influence sentencing.”

Public support

The report warns that structurally harsher sentences for lower-educated individuals could, in the long term, undermine “trust in the rule of law and the sense of justice”. According to Choenni, there are already people who feel they are not being judged by the same standards as others. “We need to find out why this is happening and what we can do about it, otherwise it will erode public support.”

The investigation by De Groene Amsterdammer and Investico into class-based justice was prompted by the case of Belgian student Sanda Dia, who died during a hazing ritual. The members of the student association responsible received community service sentences. Journalists then asked how similar cases are handled in the Netherlands.

The WODC recommends improving the collection of statistics on the socio-economic position of suspects, so that judges and other stakeholders can take this into account. A separate report outlines measures the justice system could adopt, such as training judges to recognise their own biases.

HOP, Olmo Linthorst