Creating Legal Terms: A Linguistic Perspective

Legal terms have a special status at the interface between language and law. Adopting the general framework developed by Jackendoff and the concepts competence and performance as developed by Chomsky, it is shown that legal terms cannot be fully accounted for unless we set up a category of abstract objects. This idea corresponds largely to the classical view of terminology, which has been confronted with some challenges recently. It is shown that for legal terms, arguments against abstract objects are not pertinent. As abstract objects are not natural, it is important to consider their creation. Two types of creation are distinguished and illustrated, one for new concepts and one for terms corresponding to existing general language concepts. In the latter case, it is important for the abstract object to remain close enough to the intuitive prototype. At the same time, legal terms as abstract objects are shown to have a natural place in relation to legal theory.     

How do disciplinary tribunals evaluate the "gut feelings" of doctors? An analysis of Dutch tribunal decisions, 2000-2008

A sense of alarm, which is a form of "gut feeling" sometimes plays a part in the decisions of medical disciplinary tribunals in The Netherlands. Since these judgments are regarded as setting standards for professional attitudes in The Netherlands, the question arises how Dutch tribunals have evaluated gut feelings, and how tribunals in other European countries deal with them. An exploratory study searched two Dutch digital databases (2000-2008) and asked 26 national representatives of the European General Practice Research Network for information about the role of gut feelings in tribunals' decisions. A sense of alarm was mentioned in judgments in 34 Dutch cases. Defendants were hardly ever reproached for missing the correct diagnosis, but mostly for not acting in a professional manner. The sense of alarm was referred to as a diagnostic tool to assess a patient's situation, although the judgments indicate that it must be followed by further diagnostic steps. The role of gut feelings in decisions of disciplinary tribunals in Europe is unclear. The authors conclude that the sense of alarm as a diagnostic tool has been taken seriously by Dutch tribunals. Its timely development is considered to be an element of the professional standards for doctors.     

Follow-up of a social skills training (SST) for juvenile delinquents: effects on reoffending

Objectives

To examine (1) the long-term effects on reoffending of an individual SST for juvenile delinquents in The Netherlands and (2) whether effects differ by demographic and offense history characteristics.

Methods

The present study is a follow-up of a matched control study comparing post-treatment effects of N?=?115 juveniles receiving Tools4U, an SST with a parental component, to N?=?108 control group juveniles receiving treatment as usual (TAU). Analyses were conducted separately for delinquents and truants. Effects in terms of recidivism were assessed using official delinquency data after 6 and 12 months and 1.46 years after SST termination. Percentage of recidivists, number of re-arrests, and violent recidivism were outcome variables.

Results

Overall, 39% of the juveniles reoffended, and there were no differences between Tools4U and TAU on any of the selected recidivism outcomes. Additionally, demographic and delinquency characteristics and post-treatment effects did not moderate effectiveness.

Conclusions

Tools4U was not more effective than TAU in preventing recidivism, which may be explained by a generally low percentage of recidivists. With established treatment integrity, and a lack of well-researched effective treatment alternatives, Tools4U could still be a reasonable treatment option for adolescent onset juvenile offenders, although more research is needed to confirm this.

     

Social skills training for juvenile delinquents: post-treatment changes

Objectives

To examine the post-treatment effectiveness of an outpatient, individual social skills training for juvenile delinquents in the Netherlands and to conduct moderator tests for age, gender, ethnicity, and risk of reoffending.

Methods

The sample consisted of juveniles who received Tools4U, a social skills training with a parental component, as a penal sanction (N?=?115). Propensity score matching was used to select a control group of juveniles receiving treatment as usual (TAU) of n?=?108 juveniles (of a total of N?=?354). Assessment of impulsivity, social perspective-taking, social problem-solving, critical reasoning, developmental task-related skills, and treatment integrity took place before and immediately after the treatment.

Results

Treatment integrity was found to be sufficient, so that treatment effects could be attributed to the Tools4U training. Tools4U was more effective than TAU in reducing impulsivity, cognitive distortions (self-centering and assuming the worst), and social perspective-taking deficits (hostile intent attribution). No treatment effects were found on adolescents’ social problem-solving skills, and only caretakers of girls showed improvement in parenting skills. Effects on developmental task-related skills were not in the expected direction: after Tools4U, juveniles reported significantly less social acceptance and self-worth than juveniles receiving TAU.

Conclusions

Tools4U showed generally small effects and no effects on protective factors, which might limit the long-term treatment effects on delinquency. Treatment effects may be improved by implementing additional techniques and improving the parental component for boys in particular.

     

Sex offender management using the polygraph: a critical review

Reducing recidivism is a central goal in the treatment of sex offenders. In Europe, there is an increased interest in using the polygraph ("lie detector") as a tool in the treatment and risk assessment of convicted sex offenders. This interest originated from optimistic reports by American clinicians who argued that polygraph testing in the treatment of sex offenders is akin to urine analysis in the treatment of drug addiction. In this article, we critically examine the validity and utility of post-conviction sex offender polygraph testing. Our review shows that the available evidence for the claims about the clinical potential of polygraph tests is weak, if not absent. We conclude that portraying post-conviction polygraph testing as analogous to urine analysis is inaccurate, misleading, and ultimately, risky.     

Violent Stalkers. Detecting Risk Factors by the Police

In the experience of stalking victims a common element is the fear of physical violence. Until now risk factors that predict physical violence within stalking contexts have been carried out in relatively small, clinical-forensic samples. Consequently, the validity and practical utility of these risk factors in the law enforcement context remains unknown. Furthermore some risk factors have been identified in this research on the basis of information that is not available for or difficult to detect by the police in an early stage of the law enforcement process. The identification of risk factors of physical violence in stalking incidents in an early stage by the police was the subject of the presented study. Risk factors are identified based on literature, content analysis of police records and by testing interaction terms. Therefore 204 judicial files were analyzed, resulting in a five factor model predicting physical violence. Theoretical and practical implications of these findings are discussed.

The “Crisis” of Gender Equality: The Norwegian Newspaper Debate on Female Genital Cutting

This article examines how tensions between feminism and multiculturalism conflate in a media debate on female genital cutting. The following questions are addressed: how is gender equality problematized, in what ways is the gender equality approach challenged, and what are the main solutions to prevent female genital cutting. The empirical analysis is based on the newspaper debate that followed the Norwegian Broadcasting Company's (NRK) documentary on female genital cutting in June 2007. The findings of our study do not support a claim that gender equality would be challenged by accommodations to multiculturalism. Our conclusion is that it is difficult to disconnect policy-making aimed at combating female genital cutting from the processes of stigmatization. Rather, by advocating the type of measure that is the most contested by the actors of ethnic minority organizations, the proponents for adopting routines of genital examination ultimately contribute to a problematic pattern, where the political debate about the situation within ethnic minority groups is run and dominated by the majority.