Field experiments on dishonesty and stealing: what have we learned in the last 40 years?

Journal of Experimental Criminology - Field experiments combine the benefits of the experimental method and the study of human behavior in real-life settings, providing high internal and external...     

Civil-common Law Divergence on Penalties: Is it a Thing of the Past?

Liverpool Law Review - This article examines the rationale for the common law’s penalty rule and finds it lacking. It examines the rule as applied in different common law systems since the...     

What shall we do with the drunken sailor?: Effects of alcohol on the performance of ship operators

The purpose of this study was to specify the effects of alcohol on the performance of ship operators as a contribution to the development of new strategies against the risks of alcohol in water traffic. The nautical performance of 21 captains before and after alcohol consumption was assessed on a ship piloting simulator. The simulated scenarios represented passages of a container vessel through the German Bight. Performance was examined by nautical instructors according to standardised protocols. Mean (S.D.) blood alcohol concentrations (BACs) of 0.100 (0.024) g/dl before and 0.100 (0.017) g/dl after the performance trial resulted in striking effects on the nautical performance. The categories most severely affected were foresight and analysis of situation (impairment in 18 of 21 cases), concentration (impairment in 16 of 21 cases), accurateness, risk disposition and navigation (impairment in 15 of 21 cases). Chart work, preparation and communication were impaired in 12, 11 and 10 of 21 cases, respectively. None of the participants were capable to operate the simulated ship with an adequate safety after ingestion of alcohol. From these findings, and in consideration of the well-established impairment of a multitude of mental and physical functions by alcohol, it can be concluded that even low BACs bear high risks in water traffic, a concentration above 0.1 g/dl will hinder a sufficiently safe performance of ship operators. This should be considered in alcohol education and legislation.     

Whose decision is it anyway?: identifying the Medicaid planning client

In the Medicaid planning context, the answers to seemingly easy questions are often quite elusive. Client identification is fundamental to every attorney-client relationship, yet resolving this basic question for Medicaid planners has sparked some debate. This essay explores the difficult question Medicaid planners encounter regarding client identification. The author, Mr. Rosenfeld, reveals the lack of guidance provided by contemporary legal ethic codes and then investigates some of the client representation models currently used by practitioners. Upon identifying the inherent conflict of interest that often develops in estate planning, Mr. Rosenfeld argues that individual client representation is the only ethically acceptable model of representation.     

It is the worst time in living history to be a law graduate: or is it? Does Australia have too many law graduates?

According to the Australian legal profession and media, law schools are producing too many graduates relative to the number of vacancies within the profession. This claim, however, is hardly new. This paper identifies a number of junctions at which there has been concern about the overproduction of law graduates, showing that this discourse appears during periods of major economic stress. It also shows that until the most recent episode of concern, the perception that there are too many law graduates relative to employment opportunities has not been supported by empirical evidence. In the past, the increasing supply of law graduates has been met with increasing demand. However, the legal profession is now facing unprecedented market competition and restructure, and opportunities in the profession for new graduates have declined. This still does not mean that the law schools are producing too many graduates. The current cohort of graduates is likely to continue into a professional occupation, although not necessarily in private legal practice, and there is a lack of lawyers working in disadvantaged communities.     

How should we understand the effect of age on sexual recidivism?

Abstract

Research into the effect of age on sexual recidivism risk is a relatively new and developing area of interest and is likely to be of great interest for forensic practitioners responsible for the community supervision of sexual offenders. Meta-analytical and follow-up reconviction studies indicate an inverse relationship between age and sexual recidivism risk, where younger sex offenders pose a greater risk of reconviction than older sex offenders. This finding has led to the development of actuarial risk scales which identify younger sex offenders (<25 years) as posing the greatest risk. However, recent research studies have reported contradictory results to this assumption and found a non-linear relationship between age and sexual recidivism risk. Only a small number of studies have investigated the effect of age on sexual recidivism by comparing age bands and rates of sexual recidivism. Researchers have also considered the effect of age on actuarial risk, which risk factors are associated with which age bands and sexual recidivism rates between sex offender subgroups. The purpose of this paper is to integrate this research and to link commonalities between these studies. This paper organizes the effect of age on sexual recidivism into five categories: (i) the effect of age and actuarial risk; (ii) the effect of age on sexual arousal; (iii) the effect of age-at-release on sexual recidivism risk; (iv) the effect of age-at-first-offence on sexual recidivism risk; and (v) the effect of age on child molesters and rapists on sexual recidivism risk. Important differences were found between age bands of sexual offenders in terms of sexual recidivism risk and actuarial risk factors as well as differences between rapists and child molesters. The relative importance of factoring age when assessing risk in sex offenders is discussed.     

What can we learn from the first community-based epidemiological study on stalking in Germany?

There is a lack of community-based studies on prevalence rates of stalking and the impact of stalking on victims in continental European countries. The authors published the first community-based epidemiological study on stalking in Germany. The purpose of this paper is to discuss possible implications of these epidemiological data for the mental health system, forensic psychiatry and legal regulations in Germany. For these reasons some data of our epidemiological study are outlined and reanalyzed. To examine lifetime and point prevalence rates of stalking, behavioural and psychological consequences for victims and the impact of stalking on current psychological well-being in a German community sample, a postal survey was conducted with 2000 inhabitants randomly selected from Mannheim (response rate 34.2%, n=679). The survey included a stalking questionnaire and the WHO-5 well-being scale. Almost 12% of the respondents reported having been stalked. This study identified a high lifetime prevalence of stalking in the community. Effects on victims' psychological health were significant and there was a high rate of physical (31%) and sexual (19%) violence in the context of stalking. Our data suggest that the phenomenon deserves more attention in future forensic psychiatric research and practice. Implications for forensic psychiatric assessment and treatment of stalkers as well as for management of stalking victims are discussed.     

This time is different?—on the use of emergency measures during the corona pandemic

European Journal of Law and Economics - In many areas such as consumer law or competition law, legislators can opt between two alternative forms of sanctions to remedy wrongdoing: they can impose...     

A study of the psychosexual characteristics of sex killers: can we identify them before it is too late?

Thirty-three sex killers were compared to 80 sexual aggressives, 23 sadists, and 611 general sex offenders on sexual history and preferences, substance abuse crime, violence, mental illness, personality, neurological and endocrine abnormalities. Compared to other groups, sex killers started their criminal careers earlier, more often had been to reform school, were members of criminal gangs, set fires, and were cruel to animals. They tended so show more sadism, fetishism, and voyeurism. They more often collected pornography, but they did not use it in their offenses. They more often abused drugs and some suffered from drug induced psychoses. Their most common diagnosis was antisocial personality disorder, but only 15.2% met criteria for psychopathy. Sex killers showed most signs of neuropsychological impairment, grades failure, and learning disabilities. Results suggest that greater emphasis be placed on studying adolescent sex offenders and conduct disordered children which may help identify potential sex killers.     

Is it time to highlight the limits of risk-based financial regulation?

The first 150 words of the full text of this article appear below. Key points

• The run on Northern Rock that took place in September2007 has raised some serious questions about the ‘fitnessfor purpose’ of the institutions and techniques of financialregulation in the United Kingdom.
• One defining feature of theFinancial Services Authority (FSA) in the development since1998 of its role as a unitary and integrated financial regulatorhas been its pioneering of ‘risk-based’ and ‘principles-based’regulation.
• The way in which risk-based supervision was appliedto Northern Rock and the way in which risk-based regulationworked within it have been the subject of much public scrutinyafter the run on the bank and some elements of that scrutinyare highlighted here.
• In the light of the real distinctionsbetween risk and uncertainty that have been drawn by scholarsand indeed by the FSA itself in defence of its actions aroundNorthern Rock, this article raises questions about the wisdom. . . [Full Text of this Article]