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

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

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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 20110630 20110630 1

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20110630 20110630 1 1

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

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Introduction Introduction

In 2003 the research department of the Dutch Ministry of Justice conducted a survey among 3,500 Dutch citizens:

1.

the incidence of justiciable problems within the population;

2.

the kind of strategies people choose to solve their problems;

3.

the outcome of different strategies for resolving justiciable problems

4.

the public's perceptions of the legal system.

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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.

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Set Set-

  • up of the Dutch survey

up of the Dutch survey

The Dutch survey closely followed Genn's example and consisted of two main parts:

1.

Screening survey: whether they had experienced problems from January 1998 until December 2002.

2.

Then they were asked in detail about the way they handled one specific problem.

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Set Set-

  • up of the Dutch survey

up of the Dutch survey

The main differences with the British Paths to Justice studies:

1.

Instead of face-to-face interviews we used Internet questionnaires;

2.

People were directly selected at the individual level;

3.

In the screening survey we asked for 'difficult' problems, instead of problems that were 'difficult to solve'.

4.

In the main survey we concentrated on the first problem that started after January 1, 1998, instead of the second most recent problem.

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Set Set-

  • up of the Dutch survey

up of the Dutch survey

 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%).

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Theoretical background Theoretical background— —The The 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:

1.

Employed or non-employed;

2.

Education and income;

3.

The age factor.

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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.

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Rational choice approach Rational choice approach

 

In order to model In order to model the choice of a strategy for resolving a justiciable problem.

A rational citizen will want:

1.

to get a picture of the entire series of decisions;

2.

to calculate all the costs incurred and benefits received;

3.

to determine the balance of the costs and benefits is the most favourable;

4.

to choose a direction at the first node that leads to this most favourable terminal point.

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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.

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Rational choice approach Rational choice approach

Two elements should be distinguished:

1.

The set of nodes and branches in the decision tree, i.e. the total number of options;

2.

The balance of the (expected) benefits and costs for 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.

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Incidence and frequency Incidence and frequency

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Strategies for resolving Strategies for resolving justiciable justiciable problems problems

 To what extent are certain judicial and

non-judicial resolution strategies used and what circumstances have an effect on this choice?

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 

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The First Stage: The First Stage: lumpers lumpers, self , self-

  • 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:

1.

the ‘lumpers’;

2.

the ‘self-helpers’;

3.

the ‘advised’.

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The First Stage: The First Stage: lumpers lumpers, self , self-

  • helpers and advised

helpers and advised

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The First Stage: The First Stage: lumpers lumpers, self , self-

  • 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.

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The First Stage: The First Stage: lumpers lumpers, self , self-

  • helpers and advised

helpers and advised

Our findings that the relation between the level

  • f education and the use of legal advice is not

a linear one:

1.

a lack of socio psychological skills (of people with the lowest level of education) may be a barrier for seeking advice;

2.

the need for support will decrease when people (with a high level of education) possess a lot of socio-psychological resources.

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Barriers to advice Barriers to advice

The reasons mentioned why no contact was sought with experts (the majority of cases):

1.

the persons thought nothing could be done about the problem;

2.

it was better to wait just a little bit longer;

3.

they were able to solve the problem themselves;

4.

they did not want lengthy drawn-out proceedings;

5.

they did not want to harm the relationship with the

  • ther party.
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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.

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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.

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

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

6.0% 6.0% approached four or more

  • rganisations

9.0% approached three

  • rganisations

31.8% approached two

  • rganisations

53.2% advised(400/752) 53.2% advised(400/752) approached one

  • rganisation
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Patterns in the use of advisers Patterns in the use of advisers

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

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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.

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Characteristics of and Characteristics of and perceptions of legal advice perceptions of legal advice

29.2% 29.2% how to approach the

  • ther party

48.7% 48.7% how to deal with the problem 44.4% 44.4% rights and obligations From the first expert, the persons wanted mostly information about:

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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:

1.

they wanted more information about legal proceedings and financial aspects;

2.

and assistance when taking legal action.

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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:

1.

advice on ways to resolve problems;

2.

guidance on how to approach the other party;

3.

how to approach other experts slightly more often than average;

4.

they are less interested about rights, obligations and legal proceedings.

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Characteristics of and Characteristics of and perceptions of legal advice perceptions of legal advice

Regarding the usefulness of the advice:

  • Ranges from 3.4 for the police to 4.3 for the legal

advisers (5=extremely usable).

Average 72% of the respondents answered yes to the question of whether in a similar situation they would contact the expert consulted again.

1.

The legal expenses insurance companies score best (80%);

2.

The social advisers score worst (58%).

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Results Results

 What are the results of the strategies used and

how do they relate to the objectives of the advised?

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Outcomes: agreement, Outcomes: agreement, adjudication, no result adjudication, no result

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Outcomes: agreement, Outcomes: agreement, adjudication, no result adjudication, no result

20 cases 20 cases follow-up negotiations after the conclusion of legal proceedings 34 cases 34 cases in the course of legal proceedings 303 cases 303 cases after obtaining legal advice 460 cases 460 cases self-helper Agreement Agreement

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Outcomes: agreement, Outcomes: agreement, adjudication, no result adjudication, no result

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Outcomes: agreement, Outcomes: agreement, adjudication, no result adjudication, no result

How can these differences be explained?

1.

People with higher levels of education and higher incomes have a knowledge advantage by which they perceive at an earlier stage what can be done about the problem.

2.

They are less inclined to give up before achieving any

  • results. Presumably they possess better negotiating

skills.

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Outcomes: agreement, Outcomes: agreement, adjudication, no result adjudication, no result

 Thus, any cracks would not seem to lie in the capacity

and the scope of legal advice organisations, nor in the access to judicial institutions, but in the nature of the services.

 These services may be less well-suited to the capacities

  • f those with lower levels of education to utilise advice

and proceedings.

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Evaluation of the outcomes Evaluation of the outcomes

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Evaluation of the outcomes Evaluation of the outcomes

 73% reached their main objective.  Given that Table 6 shows that only 60% of the persons

were able to achieve an agreement or a decision.

 It should be that problems can also reach a more or less

satisfactory end in other ways, such as in the case of a noise problem in a rental apartment.

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Evaluation of the outcomes Evaluation of the outcomes

 On average, 18% of the respondents who

undertook some action say they regret it.

 Those who opt to put up with the problem

express a higher degree of regret.

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Evaluation of the outcomes Evaluation of the outcomes

The main complaints of the respondents:

1.

they should have been more persistent;

2.

taken action earlier;

3.

should have stood up for themselves better.

By contrast, the number of respondents who regret having engaged legal advice is extremely low.

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General perception of the legal system General perception of the legal system

 Finally, we examine the fourth survey question:

How much confidence does the private citizen have in the functioning of the legal system?

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General perception of the legal system General perception of the legal system

The screening survey contained six statements:

1.

If someone with a problem goes to court, he or she can count on being treated fairly.

2.

For citizens who want to enforce their rights, the courts are an important means.

3.

The legal system treats everyone equally, whether rich

  • r poor.

4.

Judges are honest and trustworthy.

5.

Solicitors charge too much for the work they do.

6.

Solicitors are honest and trustworthy.

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General perception of the legal system General perception of the legal system

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Conclusion Conclusion

There are differences in the approach to the problems between vulnerable group:

1.

While those aged 65 and over, pensioners, widows, and those at the lowest educational levels turn to legal advice relatively rarely and deal with justiciable problems themselves comparatively often,

2.

The reverse is true for those entitled to social benefits, divorcees, those at the lowest income level and people with low-level vocational education.

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Conclusion Conclusion

 The data suggest that the accessibility and functioning of

the institutions do not constitute a real barrier in engaging legal advice.

 The range of legal advice available is so broad that there

is generally a myriad of alternatives for those who find solicitors too expensive.

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Conclusion Conclusion

 One exception appears that insufficient skills on the

group with the lowest educational level impede the finding and utilising of contact with legal advice in a productive way.

 The legal advice system seems to be insufficiently

geared towards providing for the specific needs of this group, namely specific help in approaching and dealing with the counter-party.

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Conclusion Conclusion

 People with the lowest level of education and the lowest

income levels achieve relatively little in the way of results.

 This is not because they are unable to commence official

procedures, but because they are less often successful in reaching agreement with the counterparty.

 It seems that the access to the judicial system is not

impeded so much by the structure of the system but by the socio-psychological capacities of the persons to make use of it.