Author Archives: Leonie Van Lent

Leonie Van Lent

About Leonie Van Lent

Leonie van Lent works as an assistant professor at the Willem Pompe Institute for criminal law at Utrecht University. Since 2013 she is also part of the Montaigne team.

#Whataboutthepresumptionofinnocence?

metoo-2859980_960_720Leonie van Lent

The #metoo campaign has once again shown what social media are capable of: stirring a worldwide debate on important issues for people and society and questioning power structures that are not or cannot be put on trial in the same way in traditional media, politics and courts. But also: destroying reputations, careers and relationships, creating large-scale gossip and speculation and forcing people to their knees who know that there is no chance to defend themselves against the storm unleashed by this puny but unassailable mark.

At the same time, human rights treaties not only state that the human body is inviolable, but also stipulate innocence until proved guilty. But what good does this? People are groped involuntary on a massive scale and at the same time people are subjected to a rhetoric of naming and shaming without due process. In this blog, I argue that the presumption of innocence has been neglected wrongfully by lawyers and that now is the time to let it live up to its expectations, also with regard to the media. Continue reading

Judicial Independence Detained

ehrmLeonie van Lent

As fits a centre of research on judicial administration, earlier blogs have dealt with urgent questions about the adherence to the rule of law and the functioning of the judiciary in the Netherlands. The topic of pre-trial detention combines all those questions. Here the politics of safety, the politicization of constitutional guarantees (Brenninkmeijer, ‘Stresstest rechtsstaat Nederland’, NJB 2015, afl. 16, p. 1049), and public opinion exert a particular problematic influence on the independence of the judiciary, which should guarantee critical review of pre-trial detention and the presumption of innocence. Continue reading