Lower educated ethnically diverse suspects 3 times more likely to be sent to prison
Ethnically diverse people without further education are almost three times more likely to receive a prison sentence than highly educated suspects with a Dutch-only background who committed a similar crime. The first group has a 23 percent chance of going to prison. For the second group, it’s 8.3 percent, according to an analysis of Statistics Netherlands (CBS) figures by NOS and Investico.
Public prosecutors are more likely to prosecute ethnically diverse suspects, judges are more likely to find them guilty, and they are more likely to be sentenced to prison instead of community service or a fine. This effect is visible in all 15 crimes investigated, from shoplifting to murder.
“Judges are mainly influenced by the level of education of the suspect. But someone with a migration background is also at a disadvantage,” the researchers concluded.
NOS and Investico looked at 1.2 million decisions by the Public Prosecution Service (OM), over 500,000 court rulings, and more than 200,000 imposed prison sentences. The researchers noted that the data didn’t show why someone got the sentence they did. The investigative journalists also spoke to dozens of prosecutors, judges, and lawyers.
According to the people in the judiciary, the differences in imposed sentences are partly due to judges’ freedom to look at the suspect’s circumstances. Many judges said that suspects higher up the social ladder have more to lose, so they give them lighter sentences.
“These personal circumstances fall into three categories: work, housing, and any relationship. Then that advantage comes into play, if we are on the seesaw between a prison sentence and community service, that we try to let people who have a job keep that job. If we take that away, we may be further from home and society will not benefit from that either,” press judge Jacco Janssen said.
Several lawyers raised doubts about this blatant inequality which is in stark contrast to the idea that the heaviest burdens must fall on the strongest shoulders.
“People who go to prison who are already struggling will be even more disadvantaged when they are released,” lawyer Milan van Hulst pointed out. “They can no longer get a certificate of good behavior and they will have to explain what happened during the time they were in prison at every meeting, whether it is for housing or a job. So it will be even more difficult than before to make something of their lives.”
The Judicial Council, the organization that represents Dutch judges, told the journalists that no person can completely rule out subconscious biases, not even judges. But they continuously “reflect” on this pitfall, the Council said in a written response. “It is the judge’s task to determine which punishment is appropriate, with the best effect on the offender and society. Discrimination or class justice is at odds with the core values of the judiciary. Every suspect has the right to a fair trial.”
The OM declined to comment, only saying that “punishment is not about calculations and statistics but about balance and practical wisdom.”
The Ministry of Justice and Security said it commissioned a study into the overrepresentation of ethnically diverse people in criminal law. The researchers will also investigate the unequal treatment of suspects based on their ethnicity and socioeconomic position.
