Another victim of the ＂banana war＂： Some reflections on the status of the principle of liability in the absence of unlawful conduct in the community legal system

Articles 235 and 288 second paragraph EC provide remedies for damages caused by Community institutions, to individuals, legal bodies or States that concern legal obligations outside the scope of contractual relations. Although it did not receive any real application, the principle of liability in the absence of fault is mentioned by the Court in a couple of cases. This article seeks to explore this principle in its due context and in the light of comparative law. To that effect, it is first necessary to make a short recall of the historical case law in this field, to analyze afterwards the latest jurisprudential developments （FIAMM/FEDON case）, and finally to consider the future prospects of this principle in the Community law through two options. One alternative would be to adopt more lenient conditions for the application of Community＇s liability for fault and notably a progressive abandon of the current serious fault regime and the adoption of the simple fault regime. Another option would be to remove the tort nature from the no-fault liability and to move from the reparation of damage to a compensation for the breach of the equality.     

The Reliability of Chronological Age Determination by Means of Mandibular Third Molar Development in Subjects in Croatia*

Abstract: The aim of this study was to determine the development of the mandibular third molar and its relation to chronological age. The evaluated material consisted of 979 orthopantomograms of patients of Croatian Caucasian origin aged between 5.7 and 14.6 years. Third molar developmental stages were evaluated according to the stages proposed by Nolla. The frequencies of different stages of mineralization and the mean value of the mineralization of the mandibular third molars with regard to age, gender, and size of the mandible were determined and the coefficient of correlation determined between the age of the subject and the stage of development of the mandibular molars. Statistically significant correlation was determined between mineralization of the mandibular third molar and chronological age of the subjects (boys, mandibular left third molar r = 0.779, right third molar r = 0.793; girls, mandibular left third molar r = 0.746, right third molar r = 0.725). It can be concluded that the accuracy of age estimation based on Nolla’s method is applicable for Croatian children.     

Public Attitudes and Sentencing Policies Across the World

Many Western countries have experienced a boom in prisoners rates, characterised as “carceral hyperinflation” or “new punitiveness”. Politicians and opinion makers assume that this reflects the demand of the public for more severe sentencing. This article analyses data on the attitudes of the population towards punishment from over thirty different countries taken from the International Crime Victim Surveys of 2004/2005. First, some key findings on punitivity are presented showing that in many countries the public prefers non-custodial sentences for recidivist buglars. Next, results are presented from a multi-level analysis of the correlates of punitiveness at both the individual and country level. This multi level analysis shows that individual characteristics explain very little variance in country differences in punitiveness. On country level, the level of common crime and the Gini coefficient, a measure for income differences in the country, have significant explanatory power. The often mentioned tougher attitude towards sentencing in the English speaking/common law countries is fully explained by this. Finally, the relation between the publics attitude towards sentencing and a measure of actual sentencing severity showed a weak and inverse relationship at country level.     

Validation of a microchip electrophoresis system as a DNA amplification control

As part of the normal procedure in a forensic DNA laboratory, a quality control step of the amplified DNA is often implemented to ensure the correct amplification of the sample before it is analysed in downstream applications. A validation study was undertaken to investigate a new microchip electrophoresis system (MultiNa, Shimadzu Corporation) claiming high resolution and sensitivity compared to routine polyacrylamide gel electrophoresis (PAGE). An array of STR multiplexes (AmpFISTR™ SGM+, GenePrint^® FFFL, PowerPlex™ 16, PowerPlex™ Y, an in-house Y-STR multiplex and AmpFISTR™ Profiler) was tested under both standard and low copy number PCR parameters to evaluate the accuracy, reproducibility and sensitivity of this technique. These tests showed that the microchip system did not have improved sensitivity compared to PAGE though had increased resolution and high reproducibility between samples.     

Development and evaluation of multiplex Y-STR assays for application in molecular genealogy

Three multiplex PCRs were developed for the analysis of 14 single-copy and 4 multi-copy Y chromosome Short Tandem Repeat (STR) loci routinely used by several public genealogical databases. These assays were used in addition to PowerPlex^® Y for the analysis of 245 DNA samples from a genealogical project. In total 244 different haplotypes composed of 37–40 alleles were identified with one haplotype identical between two males with the same surname. The multi-copy loci DYS464 and DYS724 were the most polymorphic with a gene diversity of at least 0.964. The use of DYS454 and DYS455 can be questioned as these loci had the lowest gene diversity (0.039 and 0.269, respectively).     

Commercial Sexual Exploitation of Children: an Assessment of Offender Characteristics

The commercial sexual exploitation of children (CSEC), specifically child trafficking, producers or consumers of child sex trafficking (i.e., prostitution), sexual abuse images, and enticement, has become a growing area of concern. The increasing profitability of CSEC, combined with the clandestine nature of the offenses, calls for immediate attention from international law enforcement and the mental health community. Paramount to the resolution of this global crisis is the identification of the perpetrators of various CSEC crimes. The research pertaining to these offenders is most frequently aggregated and limited to basic demographic data, providing a larger, more generalized picture of CSEC. The purpose of this study is to determine characteristics, within a sample of known CSEC offenders, that differentiate among offenders who engage in sex trafficking as trafficker; engage in sex trafficking as a producer or consumer; produce, distribute, or possess child sexual abuse images; and travel or use enticements to engage in illicit sexual contact with a minor. This observational, survey design includes a record review of 98 offenders who were processed through the FBI Miami Field Office. Results showed that males are more likely to engage in CSEC offenses compared to females. Offenders who collect child sexual abuse images tended to be employed, had no history of prior arrests, and were older than other CSEC offenders. Additionally, engaging in befriending strategies in order to gain access to a victim was also predictive of involvement in child sexual abuse images. Unemployment was the only statistically significant predictor of engaging in child sex trafficking as either a sex buyer or a producer. Finally, perpetrators who engaged in the traveling/enticement of victims were found to be younger, unemployed, single, and without a known history of contact offending. Implications of the findings are discussed.     

Gangs in the DRC and El Salvador: towards a third generation of gang violence interventions?

The phenomenon of gangs in El Salvador and the Democratic Republic of Congo (DRC) has already been researched, but a comparative study of gangs and gang policies is lacking. In this paper we discuss several gang violence prevention initiatives regarding the Mara Salvatrucha and Barrio 18 in El Salvador, and the kuluna and bashege in Kinshasa, DRC. In order to analyze the different gang interventions, we implement the typology of first and second gang violence prevention initiatives (Rodgers et al. 2009), and propose the evolution towards a third generation of gang violence prevention interventions. While first generation initiatives are security and law-enforcement driven, and second generation initiatives socio-preventive driven, third generation initiatives are more politically driven. The latter indicates a shift towards a vision of dialogue and negotiations to deal with gang violence. However, the different generations are not predefined within time and third generation initiatives can also be followed up by first generation initiatives, which was for example the case in the gang truce in El Salvador. Also, comparative gang research includes challenges, especially when the gang phenomenon in one country is better researched and documented than in other countries. As such, we were unable to identify politically-driven initiatives in the DRC to compare with the ones in El Salvador. Further research is thus required. With this paper we not only aim to contribute to the literature on gang violence prevention and reduction initiatives, we also want to push researchers, practitioners and policymakers to look beyond the borders when setting up gang (violence) prevention and rehabilitation projects, and to learn from other regions where similar initiatives have been implemented to deal with comparable issues of gang violence.     

Alternative Pathways to Violence in Persons with Schizophrenia: The Role of Childhood Antisocial Behavior Problems

Violence in schizophrenia patients may result from many factors besides the symptoms of schizophrenia. This study examined the relationship between childhood antisocial behavior and adult violence using data from the NIMH CATIE study. The prevalence of violence was higher among patients with a history of childhood conduct problems than among those without this history (28.2% vs. 14.6%; P < 0.001). In the conduct-problems group, violence was associated with current substance use at levels below diagnostic criteria. Positive psychotic symptoms were linked to violence only in the group without conduct problems. Findings suggest that violence among adults with schizophrenia may follow at least two distinct pathways-one associated with premorbid conditions, including antisocial conduct, and another associated with the acute psychopathology of schizophrenia.     

Deliberate self-harm patients who discharge themselves from the general hospital without adequate psychosocial assessment

Deliberate self-harm patients who leave the acute hospital environment before the completion of psychiatric assessment have an increased risk of subsequent self-harm. We considered the available data on 50 premature self-discharges identified prospectively in a general hospital with a well-developed integrated-care pathway for self-harm patients, and compared them to a control group. The self-discharge group was found to be more likely to have attempted self-poisoning without alcohol intoxication or other forms or combinations of self-harm, and an absence of identifiable previous self-harm or prior contact with local specialist psychiatric services. The two groups showed no difference in age, sex, or area of residence based on community mental health team sectors. It is proposed that these findings indicate hypotheses for further studies of why people leave the hospital without adequate assessment, and how service design could be improved in order to help them.     

Maltreatment of handicapped children: A critical review

Despite increased interest in child abuse and neglect in the past decade, little research attention has been focused on maltreatment in handicapped populations. This is surprising given that many handicapped children display characteristics (e.g., chronic and pervasive behavioral disturbances, decreased social initiations with caregivers) that are associated with high risk for assault and neglect in nonhandicapped children. Numerous investigations have found an overrepresentation of handicapped children in maltreated samples, and results of more recent efforts reveal a high incidence of abuse and neglect in handicapped populations. Although these data underscore the high risk for maltreatment in handicapped children, a number of important issues warrant further empirical examination. Moreover, generalizations and interpretations of findings from previous research have been obfuscated by methodological shortcomings. The present paper reviews the literature concerning abuse and neglect of handicapped children. Research strategies and issues are delineated and current problems in this field are discussed. Suggestions for directions future research might take are offered.