Why community compulsion became the solution - Reforming mental health law in Sweden

The aim of this article is to understand how compulsory community care (CCC) has become a solution in mental health policy in so many different legal and social contexts during the last 20 years. The recent introduction of CCC in Sweden is used as a case in point, which is then contrasted against the processes in Norway, England/Wales and New York State.In Sweden, the issue of CCC was initiated following high-profile acts of violence. Contrary to several other states, there was agreement about the (lack of) evidence about its effectiveness. Rather than focusing on dangerousness, the government proposal about CCC was framed within an ideology of integrating the disabled. The new legislation allowed for a broad range of measures to control patients at the same time as it was presented as a means to protect positive rights for patients. Compared to previous legislation in Sweden, the scope of social control has remained largely the same, although the rationale has changed — from medical treatment via community treatment and rehabilitation, to reducing the risk of violence, and then shifting back to rehabilitation in the community.The Swedish approach to CCC is similar to Norway, while New York and England/Wales have followed different routes. Differences in ideology, social control and rights orientations can be understood with reference to the general welfare and care regimes that characterize the four states.     

The Antecedents of Finnish Family Laws: Legal Tradition,Political Culture and Social Institutions

This article examines aspects of the development of legal policy relating to the family in Finland during the period from 1809, when the country was incorporated within the Russian Empire, to the cessation of the Winter War with the Soviet Union. Its objective is to set the antecedents of contemporary Finnish family laws in the context of political culture and social policy and institutions. A dominant theme considered here is the extent of the commitment in Finland to traditions shared with Sweden.     

An appraisal of the risk–need–responsivity (RNR) model of offender rehabilitation and its application in correctional treatment

The science of effective offender rehabilitation remains a very young field: dominated theoretically and empirically by the work of a small group of Canadian psychologists. Their achievements include the ‘what works’ research literature, and the RNR model of offender rehabilitation. First disseminated in 1990, over the following 20 years, the Risk, Need and Responsivity Principles became the core of the theoretical framework used in those correctional systems around the world that use science as a basis for offender rehabilitation. This paper evaluates the strengths and weaknesses of the RNR model as a Level I rehabilitation framework. It proposes that unrealistic expectations and mistranslations of the model into practice are contributing to concerns about its validity and utility, and stifling needed innovation in the development both of mid‐level treatment resources, and of RNR‐adherent interventions. It concludes that although the RNR model's empirical validity and practical utility justify its place as the dominant model, it is not the ‘last word’ on offender rehabilitation; there is much work still to be done.     

国外高校安保制度的比较及借鉴——以英国、美国、加拿大、瑞典、日本、新加坡为样本

在欧美国家的高校安保制度当中,以美国、英国、加拿大、瑞典最具代表性。英国的高校安保制度主要由驻校警察模式、法令特别授权警察模式和安保外包模式这几种类型构成;美国则是典型的校园警察模式为主导;加拿大的高校安保系统采用校园社区警务模式;而瑞典的高校安保模式则呈现出"行政化"和"社会化"的特征。在亚洲邻国的高校安保制度当中,以日本、新加坡最具代表性。这当中,日本以"青少年警察"的安保模式为主,而新加坡的高校的安保主要由安全、健康和环境办公室和校园保卫办公室以及外包保安公司三者构成。借鉴国外高等教育发达国家的高校安保制度对我国新时期的高校安保制度意义重大。     

The medical model versus the just deserts model

This paper traces the history of two models that have been influential in shaping modern views toward criminals. One of these two--the medical model--is based on the concept of rehabilitation, that is, treatment predicated on the attributes of the offender. The second of these two--the just deserts model--centers on retribution, that is, punishment deserved for the seriousness of the crime. Each model has been dominant in various periods of history.     

Gender aspects of inheritance strategies and land transmission in rural Scania,Sweden, 1720–1840

This study deals with gender aspects of land transmissions in pre-industrial Sweden. Although not supported by law, a clear mentality of male primogeniture among peasants existed in the Swedish countryside in the 18th century. In many cases, however, this ideal could never be realized, making the idea of the “family farm,” handed down from father to son for generations, more of a myth than a reality. This study uses postmortem inventories linked to tax registers and family reconstitutions for a sample of parishes in southern Sweden to show that various strategies were chosen when transferring the farm after the death of the husband or wife. Although sons were more likely to take over the farms, daughters (or more correctly sons-in-law) also frequently did so, as did, sometimes, more distant kin and non-kin. Moreover, it was not the case, as has sometimes been maintained, that daughters took over the farm only when no able-bodied sons were available. On the contrary, daughters (sons-in-law) quite frequently took over the farm even when sons were present. The decision on land transmission was part of a more general family strategy concerning reproduction (access to marriage and household formation) as well as old-age security.     

‘Punishment’ in Non-custodial Sentences: A Critical Analysis

This paper reviews various uses of the concept of ‘punishment’ in relation to non-custodial sentences, including the frequently-made comparison between ‘punishment’ and ‘rehabilitation’. It concludes that ‘punishment’ has no stable meaning in respect of such sentences and, when utilised, often results in non-custodial penalties being found wanting by comparison with imprisonment. It is suggested that all sentences should be regarded as ‘punishments’, and that the creative development of community penalties will best be achieved by working with a threefold conceptualisation of reparation, rehabilitation and incapacitation, set within appropriate boundaries of proportionality.     

Progress or More of the Same? Electronic Monitoring and Parole in the Age of Mass Incarceration

Often billed as an “alternative to incarceration”, electronic monitoring (EM) is widely trumpeted as a key method of reducing incarceration costs while maintaining public safety. However, little research has been done which closely examines EM in the historical context of mass incarceration and the paradigm of punishment. This article focuses on the use of EM in parole in that broader context. Through research into the legal and policy frameworks for EM as well as via personal interviews with people who have been on EM while on parole, the author concludes that the present EM practice reinforces the dominant punishment paradigm and places major obstacles in the way of the successful re-entry for people returning from prison. He concludes with some concrete recommendations about changes in law, policy and implementation guidelines that would allow EM to operate in an environment more conducive to rehabilitation.     

Mentally disordered offenders in Sweden.

This article reviews the laws in Sweden concerning mentally disordered offenders. It also contains some figures on the relationship between mentally disordered offenders and other offenders sentenced to prison. The rules in Sweden are very different from other countries in that the responsibility concept has been abolished and thus there is no acquittal on a psychiatric basis.     

Assessing the correctional orientation of corrections officers in South Korea

The correctional goal in South Korea has recently changed from the straightforward punishment of inmates to rehabilitation. Currently, emphases are being placed on education, counseling, and other treatment programs. These changes have consequently begun to also change the corrections officers' roles from a purely custodial role to a human service role, in which officers are expected to manage rehabilitation and treatment programs. Despite these changes, few studies have examined the attitudes of corrections officers toward rehabilitation programming. This is an important dimension to examine in rehabilitation programming, as corrections officers play a major role in the delivery of institutional programs. This study examines the attitudes of South Korean corrections officers toward rehabilitation programs. Approximately 430 corrections officers were sampled. Results show that correctional attitudes are largely influenced by not only officers' own motivations for joining corrections but also by institutional factors such as job stress. Policy implications are discussed.     

Rail Franchises,Competition and Public Service

The use of franchises to deliver rail services has raised major problems. Franchises restrict competition in the market, whilst competitive bidding for franchises has met with difficulties, notably in relation to risk transfer and the recent use of short‐term contracts that have not been awarded competitively. Further, franchise agreements are detailed and highly stipulative and do not achieve the flexibility and opportunities for innovation originally intended. This reflects an underlying lack of trust resulting from the arrangements adopted on privatisation. By contrast, in Sweden regional services have been procured through contracts with limited risk transfer, and in Italy provision of services has been entrusted to a dominant operator with comparatively limited detailed service specifications; both seem to have been more successful. For the future in the UK, possibilities include greater use of competition, a return to public ownership, regionalisation, and the use of concessions with limited risk transfer to secure stability.     

Renovating the Commons: Swedish health care reforms in perspective

Recent reform experience in Sweden supports the premise that key dimensions of a country's health care system reflect the core social norms and values held by its citizenry. The fundamental structure of the Swedish health system has remained notably consistent over the past half century, that is, tax-based financing and publicly operated hospitals. Yet on other, nearly as important, parameters, there has been substantial change, for example, the persistent pursuit for thirty years of a stronger primary care framework and the effort to allow patient choice of doctor, health center, and hospital within the publicly operated system. This particular combination of continuity and change has occurred as traditional Swedish values of jamlikhet (equality) and trygghet (security) have been challenged in an environment shaped by an aging population, changing medical technology, and Sweden's integration into the European Single Market. This article explores the ongoing process of health system development in Sweden in the context of the country's broader social and cultural characteristics.     

TRICARE Program; inclusion of anesthesiologist assistants as authorized providers; coverage of cardiac rehabilitation in freestanding cardiac rehabilitation facilities. Final rule

This final rule establishes a new category of provider as an authorized TRICARE provider and it increases the settings where cardiac rehabilitation can be covered as a TRICARE benefit. It recognizes anesthesiologist assistants (AAs) as authorized providers under certain circumstances. It also authorizes cardiac rehabilitation services, which are already a covered TRICARE benefit when provided by hospitals, to be provided in freestanding cardiac rehabilitation facilities.     

Prostitution as Vagrancy: Sweden 1923–1964

This article argues for the need of a historical perspective when discussing the construction of social and criminal state policy and legislation. The article discusses prostitution and women in prostitution as these were perceived in different commissions in Sweden during 1923–1964. During the period women in prostitution went from being characterized as ‘normal’ but a menace to society, to having hereditary deficiencies, to psychopathological and later to be seen as sociopaths. They should be corrected for the sake of the nation and society but also for their own sake. This article also shows that the conceptualization of prostitution as a question of male demand rather than female supply could be seen as early as in the 1950s. This demand of a change of policy, unheard for decades but then picked up again, has to be seen as a liberal feminist legacy rather than as a social democratic welfare development.     

Crime and reactions to crime in 34 Swedish birth cohorts: from historical descriptions to forecasting the future

This article analyses 34 Swedish birth cohorts with regard to their participation in crime as measured by data from the convictions database maintained by Statistics Sweden. Most existing cohort studies are limited to one or a few cohorts. By contrast, the present study includes 34 cohorts, i.e. all persons born in Sweden between 1958 and 1991. The article discusses methodological problems associated with this type of approach and examines the possibility of making forecasts. The central results are that the number of males with a criminal record has decreased, whereas the number of females has remained fairly stable. Forecasts indicate that the cohorts' participation in crime will continue to decrease. Research and policy implications of the findings are outlined. It is proposed to introduce cohort statistics as a standard branch within regular criminal justice statistics.     

The hunt for an elusive crime – an analysis of Swedish measures to combat sex trafficking

Sex trafficking has been described as an enormous, serious and growing problem that must be combatted, but also as a moral panic based on a very small number of cases. This article explores the measures that have been proposed to combat sex trafficking by politicians, the national police and the National Council for Crime Prevention in Sweden between 2007 and 2017. The analysis shows that sex trafficking is partly used by the actors to justify their own work. The measures that all three actors describe as central are crime victim support, co-operation, information, education and expanded legislation. The underlying problems associated with sex trafficking, according to the three actors, appear to be prostitution, drug use and foreign women crossing Swedish borders. Much of the responsibility for the provision of information and education is delegated from government agencies to a wide range of actors. This desire for comprehensive societal engagement stands in stark contrast to the small number of sex trafficking cases in Sweden. The measures to combat sex trafficking are thus largely characterized by the hunt for an elusive crime.     

Flunitrazepam: an evaluation of use, abuse and toxicity.

The benzodiazepine flunitrazepam is extensively prescribed to patients with insomnia in many countries, but has also become popular among alcohol- and drug abusers. Several reports indicate that it is used as a date rape drug and suggest that it may precipitate violent behavior. Furthermore, flunitrazepam is involved in many fatal intoxications in Sweden. This study was designed and conducted to explore the negative consequences of flunitrazepam abuse in Sweden, and to assess the trends in its use and abuse. The occurrence of flunitrazepam in cases referred to the Department of Forensic Chemistry in Link?ping, Sweden 1992-1998, was investigated in detail. The detections were studied separately for different groups; medicolegal death investigations, drug abuse cases, driving under influence cases, and other medicolegal cases. These data were further compared with the sales, and seizures by the Swedish Customs and the Swedish Police. During 1992-1998, 641 fatalities occurred, where the cause of death was attributed to intoxication with flunitrazepam solely (130) or in combination with other drugs, or concomitant conditions (511). In 78% of all driving under influence cases, where flunitrazepam was detected, the analyses also disclosed the presence of illicit drugs. A similar association was seen in drug abuse cases. The seizures reported by the Swedish Customs revealed a substantial and increasing illegal trade. Cases, where flunitrazepam seemingly induced violent behavior were identified, and one of these is described in some detail. It is concluded that the abuse pattern and the toxicity of flunitrazepam should be kept in mind by forensic investigators and that this panorama also should be considered when decisions about the registration and classification of flunitrazepam are made in different countries.     

Fragile Convergence: Understanding Variation in the Enforcement of China's Industrial Pollution Law

Official statistics and independent survey data show that in the last decade China has witnessed a remarkable change in its enforcement of environmental pollution violations, moving toward more formalistic and coercive law enforcement with more enforcement cases as well as higher fines. The data also show that there is considerable regional variation with coastal areas having more and higher punishments than those inland. This article explores these findings, seeking to understand the explanation and meaning of these temporal and regional variation patterns. The study shows how enforcement varies when there is a convergence of governmental, social, and economic institutional forces. The article argues that the basis for such convergence has been fragile, as national pressures have lacked consistency and local community and government support evaporates when dominant sources of income are at stake.     

Growing the Linköping Technopole—A Longitudinal Study of Triple Helix Development in Sweden

In the context of successful examples of regional development in Sweden, the Linköping region is often named. Whilst maintaining a historical reputation for culture and learning, Linköping has developed, during the last thirty years, as a major centre within Sweden for technological growth, especially in the creation and development of new technology-based firms. This high technology environment has been further enhanced by the presence of a growing international university, a number of significant multinational high-technology companies and the location of several public sector research establishments. Previous research on regional development suggests that this milieu could be characterised as a ‘technopole,’ namely an arena where these organisations co-operate with each other in a formal or informal way to develop the technological capability of the region. This paper sets out to examine and describe the different ‘actors’ that have contributed to the recent development of Linköping as one of the fastest growing technological regions in Europe. The linkages between the actors are examined in detail. The results of the study indicate that one of the most important actors behind the positive development is the university. In addition, the development that has taken place over the last thirty years can be likened to a spiral where success begets success to foster a positive entrepreneurial climate.     

论以刑法修正案形式规范劳动教养——侧重于劳动教养制度的实体法完善研究

以刑法修正案形式规范劳动教养具有可资借鉴性、相对合理性和技术可行性。我国劳动教养是具有保安处分性质的人身强制性预防措施,可以借鉴国外保安处分制度的法理与实践,以契合我国劳动教养法治化的基本需要。关于劳动教养改革,我国学界目前提出的劳动教养完善方案中,劳动教养独善其身的小修方案具有比较突出的相对合理性。《刑法修正案(八)》比较好地完成了作为保安处分措施的刑事禁止令的法规范设置,其为以刑法修正案形式规范我国单项保安处分措施提供了立法经验,而劳动教养无疑可以成为这种立法经验的"第二块试验田",因而我们有充分理由期盼近期制定出台刑法修正案,以有效实现由刑法规范劳动教养制度的设想。新的刑法修正案应当以实体法与程序法内容相结合的规范形式,确立兼具实质合理性与形式合理性的劳动教养法规范体系。