Should the maximum sentence for murder be increased? What effect does a police reprimand have on minors? How effective are contact or restraining orders in protecting victims? And what forms of violence do journalists face? These are just a few examples of the topics researched by the criminal law academics at Erasmus School of Law in recent years. Sanne Struijk, Professor of Penal Law, and Pieter Verrest, Professor of Criminal Law and Criminal Procedural Law, share their insights on the impact of their research on education and society.
A passion for criminal law
For Verrest, the fascination with criminal law began at a young age. “As a child, I was fascinated by crime and its detection”, he explains. Combined with his interest in society and history, this led him to study law, with criminal law immediately capturing his attention. “Criminal law is about how a society is organised, about the norms that exist, and the question of when government intervention is needed to keep society on track.” Verrest’s career began at the Ministry of Justice and Security, where he gained extensive experience in legislation and policy, both nationally and in Europe. He later returned to academia to pursue his passion for research and teaching.
“I was immediately captivated by the questions raised by law”, Struijk recalls about the beginning of her studies at Erasmus University. “During my studies, my focus shifted from the law itself to the individuals affected by it, looking at the legal framework but also from the perspective of the ordinary citizen up against the powerful system.” As a Student Assistant, Struijk discovered her passion for passing on knowledge. “Some people say, somewhat negatively, that I stayed at the same university and in the same field. But I still have the same passion for criminal law and for contributing to the continuous improvement of this area of law within this great academic institution.”
Struijk’s expertise lies in penal law. “It is the individual who is subjected to the legal system and who—on legitimate grounds and through proper procedures—is sanctioned for their actions. It is, therefore, essential to carefully consider this system”, she explains. “How do you sanction that behaviour? And, most importantly, what effect does that have on the person displaying the behaviour?”
Connecting research and practice
“Criminal law in Rotterdam is characterised by its strong societal orientation”, Verrest explains. “Of course, we conduct high-quality legal research, but we are particularly interested in how criminal law functions in various societal issues.” This societal focus is also evident in the fact that almost all members of the criminal law section, in addition to their academic roles, are also active in the legal profession, Struijk notes. “Besides being a judicial member of the Supervisory Board of Rotterdam’s De Schie prison, I, like many colleagues, serve as a judge. This dual role is a win-win for both the judiciary and the university. In the judiciary, you can sometimes offer a different perspective, while in lectures, you can vividly share real-world experiences based on your own experiences as a judge.”
These roles are also important for academic research. “You must have a footing in society to feel what is happening there”, Struijk explains. “For us, this is essential, as it is part of what we value; it is in our DNA.” Verrest agrees: “For research, it’s vital to know how the practice works and what people experience there. That’s how you ask the right questions.”
"Academic research brings fact-based knowledge in the quest for a safe and just society." - Pieter Verrest
Contributing to legislation
A year studying in France sparked Verrest’s interest in comparative law: “Many of the societal problems we face here are also experienced by other countries. From femicide to money laundering and limited judicial capacity. I believe there is a lot we can learn from each other.” Verrest emphasises that countries are searching for solutions to the same issues. “Moreover, an increasing amount of criminal law is EU legislation, which is ultimately made in Brussels for all of us”, he adds.
“We have done a lot of research over the past few years”, Verrest says. “Most of it has been commissioned by the Ministry of Justice and Security. In such cases, you know it will be used for new legislation, policies, or discussions in Parliament. In this way, we significantly contribute to creating regulations and policies and the effective functioning of criminal law in practice.”
Struijk highlights recent research on Italy’s 41-bis detention regime, which examines the stricter prison conditions for serious criminals and its applicability to the Dutch detention system. “Comparative law was at the core of this research”, she explains. Although the research did not result in changes to the Dutch regime, it contributed significantly to the societal debate. “There was a policy response, a legislative proposal, and then a private member’s bill”, Verrest adds. “Each time, our report played a role in these developments.”
Another recent study focused on the transfer of criminal prosecutions within the EU. “You can transfer a prosecution to the authorities of another country if you believe they are in a better position to handle the investigation and trial,” Verrest explains. Initially focused on the practices of nine member states, the two-year study expanded to cover 9 member states. “The European Commission had started drafting a legislative proposal, and they drew heavily from our research”, Verrest says. “Identifying bottlenecks and solutions and seeing the results incorporated into European legislation is incredibly exciting. Suddenly, we found ourselves at the heart of European legal research.”
An unyielding drive
Struijk and Verrest acknowledge that the current societal climate and cuts to scientific education and research make it increasingly difficult to continue conducting research. “Academic research is not just about opinions; it provides factual knowledge in the quest for a safe and just society”, Verrest explains. Struijk agrees: “Ultimately, it is important for all of us that political decisions about criminal law are based on a solid understanding of how the system works.”
The drive to conduct research and make an impact remains strong. Struijk and Verrest conclude: “It is easy to say ‘things must change,’ but to do that, you must first understand how things work and where the levers are. That is what we strive to teach our students, who will become future professionals in the legal field and take on important roles in practice. And it is also what we aim to contribute to policymakers in the Netherlands and across Europe.”
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Want to read more articles like this? You can! Erasmus School of Law celebrates its 60th anniversary with its own magazine, Groos Magazine. In it, we look back on our past with pride and look to the future full of ambition. We take you along milestones, developments and inspiring stories in which the drive and Rotterdam spirit of our colleagues is clearly perceptible. Dive into the stories and discover Erasmus School of Law.
