PhD candidate at Criminal Law Department & NSCR. Project: "Silence as Evidence"
PhD candidate at Criminal Law Department & NSCR. Project: "Silence as Evidence"
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Job description
"Silence as Evidence” - Exploring the role of silence in evidence constructions at national and international criminal cases
This research project will focus on exploring and researching the ways, in which suspect’s silence in criminal cases is being used in evidence constructions.
The right to remain silent is one of the fundamental rights of an accused during criminal proceedings. Nevertheless, there is anecdotal evidence that the suspect's silence, or giving a non-plausible explanation, can be and is being used implicitly or explicitly by criminal judges in evidence construction and in sentencing. This reliance on suspect’s silence for both evidence construction and sentencing has been subject to heavy criticism. It undermines the suspect’s right to remain silent, and in practice leads to dubious convictions, as judges use their common sense to infer conclusions from the suspect’s silence, or from his/her implausible explanations. In addition, as the criminal law enforcement deals increasingly more with cross-border, international issues (foreign suspects, crimes committed elsewhere), subtle or not so subtle cultural differences between the judges and the suspect can further compromise accurate fact finding and cloud the evidence construction.
However, so far no research has systematically explored the reliance on silence in evidence construction in domestic, cross-border, and international cases. It is no clear how endemic the problem is, and how criminal judges actually use suspect’s silence in their argumentation and evidence construction in these different types of cases. It is also not evident under which conditions the silence of the suspect could be used legally and fairly. This project, therefore, aims at filling this gap and will conduct systematic, comparative, theoretical and empirical research into the use of silence in evidence constructions in national, cross-border, and international criminal judgments.
Tasks
The PhD student will be asked to among other things:
This research project will focus on exploring and researching the ways, in which suspect’s silence in criminal cases is being used in evidence constructions.
The right to remain silent is one of the fundamental rights of an accused during criminal proceedings. Nevertheless, there is anecdotal evidence that the suspect's silence, or giving a non-plausible explanation, can be and is being used implicitly or explicitly by criminal judges in evidence construction and in sentencing. This reliance on suspect’s silence for both evidence construction and sentencing has been subject to heavy criticism. It undermines the suspect’s right to remain silent, and in practice leads to dubious convictions, as judges use their common sense to infer conclusions from the suspect’s silence, or from his/her implausible explanations. In addition, as the criminal law enforcement deals increasingly more with cross-border, international issues (foreign suspects, crimes committed elsewhere), subtle or not so subtle cultural differences between the judges and the suspect can further compromise accurate fact finding and cloud the evidence construction.
However, so far no research has systematically explored the reliance on silence in evidence construction in domestic, cross-border, and international cases. It is no clear how endemic the problem is, and how criminal judges actually use suspect’s silence in their argumentation and evidence construction in these different types of cases. It is also not evident under which conditions the silence of the suspect could be used legally and fairly. This project, therefore, aims at filling this gap and will conduct systematic, comparative, theoretical and empirical research into the use of silence in evidence constructions in national, cross-border, and international criminal judgments.
Tasks
The PhD student will be asked to among other things:
- Develop an innovative research plan, combining legal doctrinal and empirical methodology to study the use of silence in evidence constructions across different types of cases
- Conduct legal theoretical, doctrinal, and legal empirical research on the use of silence in evidence constructions across different types of cases
- Publish and communicate research results to academics and practitioners in both Dutch and international criminal law practice
- Participate in education activities of the Department and teach master and bachelor law students, especially in the field of his/her own research expertise
- Contribute to other activities relevant to the PhD student of the Department of Criminal Law and Criminology and the NSCR
Specifications
- 38—40 hours per week
- €2325—€2972 per month
- Amsterdam View on Google Maps
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Vrije Universiteit Amsterdam (VU)
Requirements
We are looking for a motivated and talented candidate who is interested in, and able to, conduct both scientific legal doctrinal and legal empirical research. We seek a candidate who has not only affinity for academic research, but who is also driven and interested to work closely with (international) criminal law practitioners and who will develop tools to implement results of his/her research in practice.
The candidate must have a (research) Master in (international) criminal law, and demonstrated skills (or clear interest) in conducting not only legal doctrinal research, but also using empirical, social scientific methodology. He/she has demonstrable affinity with conducting scientific research (for example, evidenced by an excellent thesis, a publication, or having completed a research master's degree). He/she has demonstrated not only knowledge of Dutch and (interest in) international criminal law and practice, but also ability to use empirical, social scientific methodology to study the law and practice of its enforcement. The candidate is expected to speak and write fluently both Dutch and English.
The candidate must have a (research) Master in (international) criminal law, and demonstrated skills (or clear interest) in conducting not only legal doctrinal research, but also using empirical, social scientific methodology. He/she has demonstrable affinity with conducting scientific research (for example, evidenced by an excellent thesis, a publication, or having completed a research master's degree). He/she has demonstrated not only knowledge of Dutch and (interest in) international criminal law and practice, but also ability to use empirical, social scientific methodology to study the law and practice of its enforcement. The candidate is expected to speak and write fluently both Dutch and English.
Conditions of employment
Fixed-term contract: 1 year.
A challenging position in a socially involved organization. The salary will be in accordance with university regulations for academic personnel and amounts €2,325 (PhD) per month during the first year and increases to €2,972 (PhD) per month during the fourth year, based on a full-time employment. The job profile: is based on the university job ranking system and is vacant for at least 1 FTE.The appointment will initially be for 1 year. After a satisfactory evaluation of the initial appointment, the contract will be extended for a duration of 4 years.
Additionally, Vrije Universiteit Amsterdam offers excellent fringe benefits and various schemes and regulations to promote a good work/life balance, such as:
- a maximum of 41 days of annual leave based on full-time employment
- 8% holiday allowance and 8.3% end-of-year bonus
- solid pension scheme (ABP)
- contribution to commuting expenses
- optional model for designing a personalized benefits package
Employer
The ambition of Vrije Universiteit Amsterdam is clear: to contribute to a better world through outstanding education and ground-breaking research. And to be a university where personal education and societal involvement play a leading role. Where people from different disciplines and backgrounds work together on innovations and on generating new knowledge. Our teaching and research embrace the whole spectrum of science – from the humanities, the social sciences and the pure sciences through to the life sciences and the medical sciences.
Vrije Universiteit Amsterdam is home to more than 24,500 students. We employ more than 4,600 individuals. The VU campus is easily accessible, located in the heart of Amsterdam’s Zuidas district, a truly inspiring environment for teaching and research.
Diversity
Diversity is one of our university’s core values. We are an inclusive community, and we believe that diversity and international activities enhance the quality of education and research. We are always looking for people who can enhance diversity on our campus thanks to their background and experience.
Faculty of Law
The Faculty of Law provides bachelor’s degree programmes in three main fields: Law, Notarial law and Criminology. In addition, we offer an extensive range of Master’s programmes as well as contract education. Our teaching and research focus on the social function and relevance of law: from contracts in the platform economy to the new way of working, from colonial injustice to medical liability, from family reunification to civil participation, from sex offenses to ransomware. Our research is often both international and multidisciplinary in character.
Working at the Faculty of Law means being engaged in an active and inspiring academic setting. Together with your colleagues, you will contribute to the quality of teaching and research in a challenging and rewarding working environment. More than 300 people work at the Faculty of Law, which is home to some 3,000 students.
Vrije Universiteit Amsterdam is home to more than 24,500 students. We employ more than 4,600 individuals. The VU campus is easily accessible, located in the heart of Amsterdam’s Zuidas district, a truly inspiring environment for teaching and research.
Diversity
Diversity is one of our university’s core values. We are an inclusive community, and we believe that diversity and international activities enhance the quality of education and research. We are always looking for people who can enhance diversity on our campus thanks to their background and experience.
Faculty of Law
The Faculty of Law provides bachelor’s degree programmes in three main fields: Law, Notarial law and Criminology. In addition, we offer an extensive range of Master’s programmes as well as contract education. Our teaching and research focus on the social function and relevance of law: from contracts in the platform economy to the new way of working, from colonial injustice to medical liability, from family reunification to civil participation, from sex offenses to ransomware. Our research is often both international and multidisciplinary in character.
Working at the Faculty of Law means being engaged in an active and inspiring academic setting. Together with your colleagues, you will contribute to the quality of teaching and research in a challenging and rewarding working environment. More than 300 people work at the Faculty of Law, which is home to some 3,000 students.
