Paths to Justice in the Paths to Justice in the Netherlands - PowerPoint PPT Presentation

Paths to Justice in the Paths to Justice in the Netherlands Netherlands Looking for signs of social Looking for signs of social exclusion exclusion Ben C.J. van Velthoven & Marijke ter Voert 報告人：簡凱倫 20110630 20110630 1 1

Introduction Introduction In 2003 the research department of the Dutch  Ministry of Justice conducted a survey among 3,500 Dutch citizens: the incidence of justiciable problems within the 1. population; the kind of strategies people choose to solve 2. their problems; the outcome of different strategies for resolving 3. justiciable problems the public's perceptions of the legal system. 4. 2 2

Introduction Introduction  In this paper we present some major findings on these four issues, concentrating on the role of age, marital status, educational qualifications, income level and social class. 3 3

Set- -up of the Dutch survey up of the Dutch survey Set The Dutch survey closely followed Genn's  example and consisted of two main parts: Screening survey: whether they had 1. experienced problems from January 1998 until December 2002. Then they were asked in detail about the way 2. they handled one specific problem. 4 4

Set- -up of the Dutch survey up of the Dutch survey Set The main differences with the British Paths to Justice  studies: Instead of face-to-face interviews we used Internet 1. questionnaires; People were directly selected at the individual level; 2. In the screening survey we asked for 'difficult' 3. problems, instead of problems that were 'difficult to solve'. In the main survey we concentrated on the first 4. problem that started after January 1, 1998, instead of the second most recent problem. 5 5

Set- -up of the Dutch survey up of the Dutch survey Set  4,250 persons were asked to participate in the screening survey. They returned 3,516 questionnaires (response rate 82.7%).  A total of 2,299 respondents could be classified as eligible for the main interview.  When we approached these 2,299 for the main survey, they completed 1,911 questionnaires (response rate 83.1%). 6 6

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Theoretical background— —The The Theoretical background number of problems number of problems Participation theory:  Risks of disputes are likely to increase as one -- participates more in social and economic life. The risk is determined by:  Employed or non-employed; 1. Education and income; 2. The age factor. 3. 8 8

The number of problems The number of problems  The baseline effect:  To assess the incidence and frequency of a specific problem it is important to know whether the relationship in which the problem may arise actually exists.  Especially the chances of problem differ according to the type of relationship. 9 9

Rational choice approach Rational choice approach In order to model the choice of a strategy for resolving  In order to model  a justiciable problem. A rational citizen will want:  to get a picture of the entire series of decisions; 1. to calculate all the costs incurred and benefits received; 2. to determine the balance of the costs and benefits is 3. the most favourable; to choose a direction at the first node that leads to this 4. most favourable terminal point. 10 10

Rational choice approach Rational choice approach  This implies that the choice made at the first node is decisive for the end result.  When the person has chosen his direction, he will have to repeat this decision-making process at each subsequent node.  The rational choice approach does not assume that the citizens are fully informed, it assumes that the choice is based on a weighing of costs and benefits. 11 11

Rational choice approach Rational choice approach Two elements should be distinguished:  The set of nodes and branches in the decision tree, i.e. 1. the total number of options ; The balance of the (expected) benefits and costs for 2. each possible resolution strategy. -- Be linked with the specific contents of the problem, the prices, accessibility of formal advice, the economic and socio-psychological resources of the person. 12 12

Incidence and frequency Incidence and frequency 13 13

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Strategies for resolving Strategies for resolving justiciable problems problems justiciable  To what extent are certain judicial and non-judicial resolution strategies used and what circumstances have an effect on this choice? 15 15

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The First Stage: lumpers lumpers, self , self- - The First Stage: helpers and advised helpers and advised For a closer analysis of the resolution strategy  adopted in the first stages, we need to make a distinction: the ‘lumpers’; 1. the ‘self-helpers’; 2. the ‘advised’. 3. 17 17

The First Stage: lumpers lumpers, self , self- - The First Stage: helpers and advised helpers and advised 18 18

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The First Stage: lumpers lumpers, self , self- - The First Stage: helpers and advised helpers and advised  In logistic regressions (multivariate analysis) for the choice between being passive and active and between self-help and seeking legal advice, both the type of problem and the level of education and income appear to have a significant influence. 20 20

The First Stage: lumpers lumpers, self , self- - The First Stage: helpers and advised helpers and advised Our findings that the relation between the level  of education and the use of legal advice is not a linear one: a lack of socio psychological skills (of people 1. with the lowest level of education) may be a barrier for seeking advice; the need for support will decrease when 2. people (with a high level of education) possess a lot of socio-psychological resources. 21 21

Barriers to advice Barriers to advice The reasons mentioned why no contact was sought  with experts (the majority of cases): the persons thought nothing could be done about the 1. problem; it was better to wait just a little bit longer; 2. they were able to solve the problem themselves; 3. they did not want lengthy drawn-out proceedings; 4. they did not want to harm the relationship with the 5. other party. 22 22

Barriers to advice Barriers to advice  Only limited number of cases (ranging from nearly 3 to 7%) poor accessibility, insufficient availability, doubts about the quality of the advice or previous bad experiences played a role.  It is more likely that the persons lack certain skills than that there are actual barriers which may be attributed to an inadequate functioning of the legal advice system. 23 23

Barriers to advice Barriers to advice  12% of the respondents mentioned that they decided not to get in touch with a certain expert, because they 'thought it would cost too much money'. In nearly half of these cases, the expert in question was a solicitor.  We know from Table 5 that there are many advised among the respondents at the lower vocational education level. This suggests that there are sufficient alternatives. 24 24

Patterns in the use of advisers Patterns in the use of advisers 25 25

Patterns in the use of advisers Patterns in the use of advisers approached one 53.2% advised(400/752) 53.2% advised(400/752) organisation approached two 31.8% organisations approached three 9.0% organisations approached four or more 6.0% 6.0% organisations 26 26

Patterns in the use of advisers Patterns in the use of advisers Seeking advice varies by the types of problem Seeking advice varies by the types of problem Average for all problems 44.1% (use 1.7 experts) Problems with the 25.7% (1.49) purchase of faulty goods and services Problems with children 76.9% (2.1) under 18 27 27

Patterns in the use of advisers Patterns in the use of advisers  The trade unions are relatively often used for work-related problems.  The consumer organisations are often used for problems with the purchase of faulty goods and services.  The legal profession are relatively often used for problems in the family arena. 28 28

Characteristics of and Characteristics of and perceptions of legal advice perceptions of legal advice From the first expert, the persons wanted mostly information about: rights and obligations 44.4% 44.4% how to deal with the 48.7% 48.7% problem how to approach the 29.2% 29.2% other party 29 29

Characteristics of and Characteristics of and perceptions of legal advice perceptions of legal advice From the second and sequence experts: From the second and sequence experts:   they wanted more information about legal 1. proceedings and financial aspects; and assistance when taking legal action. 2. 30 30

Characteristics of and Characteristics of and perceptions of legal advice perceptions of legal advice The nature of the questions asked by individuals with  the lowest level of education is somewhat different. They seek:  advice on ways to resolve problems; 1. guidance on how to approach the other party; 2. how to approach other experts slightly more often than 3. average; they are less interested about rights, obligations and 4. legal proceedings. 31 31