Eurosceptic Challenger Parties and Political Opposition in European Union Politics: Part of the Problem or Part of the Solution?

Despite extensive research on Eurosceptic challenger parties, our knowledge of their influence on political opposition has so far been sparse. In this article we make an in‐depth assessment of parliamentary EU opposition, based on 4,264 statements made by national parliamentarians in the European Affairs Committees (EACs) of Denmark and Sweden. Our analysis shows that the presence of Eurosceptic challenger parties in the national parliamentary arena impacts patterns and practices of EU opposition significantly. A greater presence of ‘hard’ Eurosceptic parties in parliament is associated with more opposition in EU politics. These parties deliver a vast majority of the polity‐oriented opposition towards the EU and present more policy alternatives than mainstream parties. The findings presented have implications for our understanding of national parliamentary EU opposition as well as for the assessment of the impact of Eurosceptic challenger parties on the process of European integration.     

Mentally disordered criminal offenders: Legal and criminological perspectives

Legal research in Sweden has traditionally focused on a systematization of the legal rules and their practical application, while the task of studying the effects of the application of the laws has been handed over to other branches of the social sciences. In contrast, new legal theories focusing on proactive and therapeutic dimensions in law have gained increasing attention in the international arena. These approaches may be better suited for evaluating legislation governing compulsory psychiatric care. Theoretical discussions and studies of causal mechanisms underlying criminal behaviour, as well as the implementation and value of instruments for predicting behaviour, are relevant to contemporary criminological research. Criminal behaviour varies across different groups of perpetrators, and the causes can be sought in the interplay between the individual and social factors. Multi-disciplinary efforts, integrating research from forensic psychiatry, psychology, sociology, and criminology, would be beneficial in leading to a better understanding of the causes underlying criminal behaviour.     

Swedish legal scholarship concerning protection of vulnerable groups: Therapeutic and proactive dimensions

This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need.     

Expert Reliability in Legal Proceedings: “Eeny,Meeny, Miny,Moe, With Which Expert Should We Go?”

Between Expert Reliability refers to the extent to which different experts examining identical evidence make the same observations and reach the same conclusions. Some areas of expert decision making have been shown to entail questions with relatively low Between Expert Reliability, but the disagreement between experts is not always communicated to the legal actors forming decisions on the basis of the expert evidence. In this paper, we discuss the issues of Between Expert Reliability in legal proceedings, using forensic age estimations as a case study. Across national as well international jurisdictions, there is large variation in which experts are hired to conduct age estimations as well as the methods they use. Simultaneously, age estimations can be fully decisive for outcomes e.g. in asylum law and criminal law. Using datasets obtained from the Swedish legal context, we identify that radiologists and odontologists examining knees or teeth images to estimate age seem to disagree within their own disciplines (radiologist 1 v. radiologist 2 or odontologist 1 v. odontologist 2) as well as across different disciplines (radiologist v. odontologist) relatively often. This may have large implications e.g. in cases where only one expert from the respective field is involved. The paper discusses appropriate ways for legal actors to deal with the possibility of lacking Between Expert Reliability. This is indeed a challenging task provided that legal actors are legal experts but not necessarily scientific experts.     

Fake Claims of Fake News: Political Misinformation,Warnings, and the Tainted Truth Effect

Political Behavior - Fact-checking and warnings of misinformation are increasingly salient and prevalent components of modern news media and political communications. While many warnings about...     

State of the world 2017: autocratization and exclusion?

This article presents evidence of a global trend of autocratization. The most visible feature of democracy – elections – remains strong and is even improving in some places. Autocratization mainly affects non-electoral aspects of democracy such as media freedom, freedom of expression, and the rule of law, yet these in turn threaten to undermine the meaningfulness of elections. While the majority of the world’s population lives under democratic rule, 2.5 billion people were subjected to autocratization in 2017. Last year, democratic qualities were in decline in 24 countries across the world, many of which are populous such as India and the United States. This article also presents evidence testifying that men and wealthy groups tend to have a strong hold on political power in countries where 86% of the world population reside. Further, we show that political exclusion based on socio-economic status in particular is becoming increasingly severe. For instance, the wealthy have gained significantly more power in countries home to 1.9 billion of the world’s population over the past decade.     

From devil’s advocate to crime fighter: confirmation bias and debiasing techniques in prosecutorial decision-making

ABSTRACT

This research examines the role of confirmation bias in prosecutorial decisions before, during and after the prosecution. It also evaluates whether confirmation bias is reduced by changing the decision maker between arrest and prosecution. In Experiment 1, Swedish prosecutors (N?=?40) assessed 8 scenarios where they either decided themselves or were informed about a colleague’s decision to arrest or not arrest a suspect. Participants then rated how trustworthy the suspect’s statement was as well as the strength of new ambiguous evidence and the total evidence. They also decided whether to prosecute and what additional investigative measures to undertake. In Experiment 2 the same method was used with Law and Psychology students (N?=?60). Overall, prosecutors’ assessments before the prosecution indicated that they were able to act as their own devil’s advocate. Also, their assessments while deciding about whether to prosecute were reasonably balanced. However, after pressing charges, they displayed a more guilt-confirming mindset, suggesting they then took on the role as crime fighters. This differed from the student sample in which higher levels of guilt confirmation was displayed in relation to arrested suspects consistently before, during and after a prosecution decision. The role of prosecutors’ working experience is discussed.     

The Influence of Evidence on Animal Cruelty Prosecution and Case Outcomes: Results of a Survey

Two hundred prosecuting attorneys completed a survey concerning priorities in taking on animal cruelty cases and the factors that help or hinder prosecuting such cases. Respondents commented on the priority given such cases. Questions also addressed specific kinds of evidence that had been used to decide whether to take on a cruelty case and were used in court. Results showed that prosecutors most frequently relied upon “traditional” sources of evidence, including detailed medical and crime scene reports and good quality photographic evidence. Other sources of forensic evidence such as DNA, computer forensics, forensic accounting, blood, and trace evidence were rarely employed. Veterinary forensic evidence, including forensic necropsies and detailed medical reports, was viewed as an important factor by a majority of prosecutors in deciding whether to accept a case for prosecution and in achieving a successful outcome, but a need for additional training for investigators was indicated.