Cooperation in the shadow of regulatory competition: the case of asylum legislation in Europe

Traditional analysis considers that the granting of protection to refugees is an international public good, and thus explains both the heterogeneousness in refugee protection in Europe and the spiral that has hardened the EU Member States’ asylum legislation from the mid-1980s onwards as the result of free riding in the provision of the good. In contrast, the paper considers that the heterogeneousness in refugee distribution is best explained by the joint product model and that the spiral of restriction is best explained by the common pool resource model and regulatory competition theory. The paper explains, and gives empirical evidence of the emergence and development of a competitive game among the EU Member States, and shows the result and the consequence of this upon cooperative attempts among States.     

Doing time: A qualitative study of long-term incarceration and the impact of mental illness

Once convicted, the perpetrator of serious crime embarks upon a new journey: the challenge of adjusting to long-term imprisonment. Prisoners' views of incarceration and the meaning of this experience may affect their later adjustment to life in the community. On the basis of brief narrative responses collected during an epidemiological survey of the psychological health of prisoners in France, this study examined the impact of incarceration on psychological state in a group of 59 inmates serving long sentences. Qualitative content analysis and computer-assisted linguistic analysis (using ALCESTE software) were performed on the textual data of open responses to three standard questions. Using a combination of these two approaches, seven categories of the subjective experience of prisoners in the sample were identified: the Outside World, Others, Punishment, Time, Affects and Impulses, Self-Concept, and Speech. Further qualitative analyses were then performed to compare the responses of Severely Mentally Ill (SMI) subjects and subjects with no psychiatric disorder. These analyses revealed contrasting attitudes towards incarceration. SMI subjects spoke in more hostile and persecutory terms about their experience in prison, attributing suffering to external circumstances, while subjects with no psychiatric disorder evoked similar themes, but with an introspective attitude. The themes evoked by mentally ill individuals in our sample suggest that their reactions to the prison environment arise in part from aspects of their psychiatric symptoms, and this may have relevance to future mental health policy and practices in criminal corrections.     

When the Line is Crossed... Paths to Control and Sanction Behaviour Necessitating a State Reaction

This article provides an overview of the various forms of proceedings available within 11 European criminal justice systems and reflects upon their core features. It also provides a picture of how far alternative, non-criminal proceedings are used by some of the systems as a different path to imposing a state reaction upon wrong-doers.     

Incapacity of the Mind Secondary to Medication Misuse as a Not Criminally Responsible Defense

The manifestations of disorders of the mind may play a role in the occurrence of criminal behavior. In the majority of the cases, the presence of a psychiatric disorder is cited as the reason that an individual was not fully aware of his behavior. However, other conditions, such as seizure disorders or hypoglycemia, have also been linked to an inability to understand the nature and consequences of one's actions. On occasion, these situations can be explained by a state of automatism that may be described as insane or noninsane. In this article, we describe the case of a 77‐year‐old man, suffering from Parkinson's disease, where the issue of criminal responsibility associated with incapacity of the mind secondary to medication misuse was raised. We elaborate on the thinking behind this opinion and the implications according to Canadian law. Although the legal outcome of this case is specific to our jurisdiction, the clinical implication may be common to any patient suffering from a similar condition and may inform physicians, families, and lawyers.     

Development of a Simple and Low‐Cost Enzymatic Methodology for Quantitative Analysis of Carbamates in Meat Samples of Forensic Interest

Abstract: Foods contaminated with a granulated material similar to Temik (a commercial pesticide formulation containing the carbamate insecticide aldicarb) are often involved in accidental ingestion, suicides, and homicides in Brazil. We developed a simple technique to detect aldicarb. This technique is based on the inhibition of a stable preparation of the enzyme acetylcholinesterase, and it is specially adapted for forensic purposes. It comprises an initial extraction step with the solvent methylene chloride followed by a colorimetric acetylcholinesterase assay. We propose that results of testing contaminated forensic samples be expressed in aldicarb equivalents because, even though all other carbamates are also potent enzyme inhibitors, aldicarb is the contaminant most frequently found in forensic samples. This method is rapid (several samples can be run in a period of 2 h) and low cost. This method also proved to be precise and accurate, detecting concentrations as low as 40 μg/kg of aldicarb in meat samples.     

Using Named Entities for Computer‐Automated Verbal Deception Detection

There is an increasing demand for automated verbal deception detection systems. We propose named entity recognition (NER; i.e., the automatic identification and extraction of information from text) to model three established theoretical principles: (i) truth tellers provide accounts that are richer in detail, (ii) contain more contextual references (specific persons, locations, and times), and (iii) deceivers tend to withhold potentially checkable information. We test whether NER captures these theoretical concepts and can automatically identify truthful versus deceptive hotel reviews. We extracted the proportion of named entities with two NER tools (spaCy and Stanford's NER) and compared the discriminative ability to a lexicon word count approach (LIWC) and a measure of sentence specificity (speciteller). Named entities discriminated truthful from deceptive hotel reviews above chance level, and outperformed the lexicon approach and sentence specificity. This investigation suggests that named entities may be a useful addition to existing automated verbal deception detection approaches.     

‘Post-NPM’ by force or fiat? A comparison of administrative reform trajectories in Brazil and Mexico1

‘New Public Management’ (NPM) ideas gained widespread acceptance all over the world in the 1980s and 1990s. In developing countries, notable examples of its influence include the Brazilian ‘Master Plan for Reforming Public Administration’, launched in 1995 by president Cardoso, and the Mexican ‘Federal Public Administration Modernisation Programme’ created in the same year by president Zedillo. Both reflected NPM doctrine and advanced changes for the organisation of the Executive. This article explores the evolution of these two countries' managerial reforms and the extent to which they eventually continued converging (or not) around similar principles, such as those often referred to as ‘Post-New Public Management’ (Post-NPM). By applying quantitative textual analysis of official documents and an analysis of self-reported institutional changes, the article concludes that despite their governing parties' strong political differences Mexico and Brazil did converge during the 2000s, improving controls from the centre, and prioritising the adoption of transparency and participation tools. The comparison of the trajectories of the administrative reforms of these countries between 1995 and 2016 contributes to international debates on policy convergence and Post-NPM reforms.