The factors associated with criminal recidivism in Finnish male offenders: importance of neurocognitive deficits and substance dependence

Neurocognitive deficits and psychiatric disorders are often brought up as risk factors of recidivism. In this study, we investigated how neurocognitive and academic deficits and psychiatric disorders (including substance dependence) are associated with criminal recidivism and prison career among male offenders. In a health survey of Finnish prisoners, 72 sentenced male prisoners were examined in Turku prison using a neurocognitive test battery and psychiatric assessment including a standardized psychiatric interview (SCID-I, II). The neurocognitive and academic tests were chosen to assess domains of cognitive functioning and reading, spelling and mathematical skills. Our results showed that the combination of neurocognitive deficits and substance dependence was connected to recidivism. Axis I diagnosis (major mental disorders) and substance dependence were connected with neurocognitive and academic deficits. Moreover, first-time offenders had fewer neurocognitive deficits and Axis I disorders, less substance dependence and fewer personality disorders than those with several convictions. Rehabilitation of cognitive functions and academic skills, along with intervention for mental health problems and substance dependence could help to prevent the unfavourable circle of criminal career.     

Effects of Hurricane Katrina and Other Adverse Life Events on Adolescent Female Offenders: A Test of General Strain Theory

This study tested Agnew's General Strain Theory (GST) by examining the roles of anger, anxiety, and maladaptive coping in mediating the relationship between strain and three outcomes (serious delinquency, minor delinquency, and continued involvement in the juvenile justice system) among adolescent female offenders (N = 261). Strains consisted of adverse life events and exposure to Hurricane Katrina. Greater exposure to Hurricane Katrina was directly related to serious delinquency and maladaptive coping. Hurricane Katrina also had an indirect effect on minor delinquency and Post-Katrina juvenile justice involvement mediated through maladaptive coping. Adverse life events were associated with increased anger, anxiety, and maladaptive coping. Anger mediated the relationship between adverse life events and serious delinquency. Anxiety mediated the relationship between adverse life events and minor delinquency. Maladaptive coping strategies were associated with minor delinquency and juvenile justice involvement. Findings lend support to GST.     

Exploring gender differences in dating violence/harassment prevention programming in middle schools: results from a randomized experiment

In this study, we randomly assigned 123 sixth and seventh grade classrooms from seven middle schools in the greater Cleveland area to one of two five-session curricula addressing gender violence/sexual harassment (GV/SH) or to a no-treatment control group. A baseline survey and two follow-up surveys were administered immediately after the treatment (Wave 2) and about six months post-treatment (Wave 3). In an earlier paper, we demonstrated the effectiveness of two approaches to youth GV/SH prevention programming (a fact-based, law and justice curriculum and an interaction-based curriculum). In this paper, we explored whether these largely positive findings remain for both girls and boys, including whether girls experience higher levels of GV/SH than boys. Most of our statistical models proved to be non-statistically significant. However, in 2 of our 48 victimization/perpetration (any violence, sexual violence and non-sexual violence) models (across two post-intervention follow-up points), we observed that the interventions reduced peer (male or female, non-dating partner) sexual violence victimization and reduced peer perpetration, but another outcome model indicated that the interventions increased dating perpetration. These mixed findings will need to be explored further in future research. Regarding our primary research question, we observed no statistically significant differences for the treatment multiplied by gender interaction terms for any of the perpetration or victimization outcome models, suggesting that the treatment had similar effects on girls and boys. However, we did observe that boys are more involved in violence than girls: both as victims and perpetrators. Boys experienced significantly more of three types of victimization from peers and dating partners compared to what girls experienced at the hands of their peers and dating partners. As perpetrators, boys committed more sexual victimization against peers (immediately post-intervention only) and more sexual victimization against dating partners than girls. The implications of these results are discussed.     

Serving the creditors after insolvency filings: from value creation to value distribution

This paper provides original empirical evidence on the financial outcome of insolvency filings in Europe. We adopt a cross-country analysis of the determinants of recovery rates isolating three types of creditors (junior, senior, and new money claims). We investigate the structure of recoveries on a unique hand-collected sample of bankrupt firms in France, Germany, and the UK. We initially question value maximization, and study to which extent the legal provisions prevailing after insolvency filing can influence creditors’ overall recoveries. Three procedures differ significantly from our benchmark (UK liquidations). French continuation and UK receivership exert a positive influence onto total repayments, while such influence becomes negative under French liquidation. We relate this finding to the ability of the two former procedures to improve coordination among the creditors, monitoring of the debtor, and/or incentives to file early. We then analyze value distribution by examining competition between the categories of creditors. We show that the insolvency systems do not converge. Junior and senior creditors are better served under the German and the French continuation procedures than in any other bankruptcy path. At the opposite, the UK liquidation procedures fail to satisfactorily serve the junior/senior creditors. Still, nearly all the insolvency procedures support fresh financing by protecting quite well new money claims. Overall, we do not confirm any superiority of one family of insolvency system over another, but rather stress the importance of an appropriate design of the procedures, especially regarding the incentives they create before and after insolvency filing.     

Gender in the Context of Same‐Sex Divorce and Relationship Dissolution

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same‐sex couples upon divorce or other relationship dissolution. When same‐sex couples marry, the legal system and society at large may project conceptions of gender onto same‐sex couples, often in a manner that conflicts with couples' intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same‐sex relationships.     

Understanding the notion of risk in the General Data Protection Regulation

The goal of this contribution is to understand the notion of risk as it is enshrined in the General Data Protection Regulation (GDPR), with a particular on Art. 35 providing for the obligation to carry out data protection impact assessments (DPIAs), the first risk management tool to be enshrined in EU data protection law, and which therefore contains a number of key elements in order to grasp the notion. The adoption of this risk-based approach has not come without a number of debates and controversies, notably on the scope and meaning of the risk-based approach. Yet, what has remained up to date out of the debate is the very notion of risk itself, which underpins the whole risk-based approach. The contribution uses the notions of risk and risk analysis as tools for describing and understanding risk in the GDPR. One of the main findings is that the GDPR risk is about “compliance risk” (i.e., the lower the compliance the higher the consequences upon the data subjects' rights). This stance is in direct contradiction with a number of positions arguing for a strict separation between compliance and risk issues. This contribution sees instead issues of compliance and risk to the data subjects rights and freedoms as deeply interconnected. The conclusion will use these discussions as a basis to address the long-standing debate on the differences between privacy impact assessments (PIAs) and DPIAs. They will also warn against the fact that ultimately the way risk is defined in the GDPR is somewhat irrelevant: what matters most is the methodology used and the type of risk at work therein.     

Sir/St. Thomas More on the US Constitution: ‘More Perfect’ is not Utopian

Sir Thomas More was a politician, statesman, visionary humanist, and a friend of Erasmus, Colet, and Henry VIII. His most famous literary work is Utopia, a word coined based on the Greek for ‘no place’. Its influence has been enormous, inspiring social thinkers as diverse as Rousseau and B. F. Skinner. Using the principles More seemed to advocate, this article addresses the question: ‘What would he have thought of the Constitution of the United States had he lived to read it and experience life under its aegis?’ Much of what the Americans have done he would appreciate, much he would deplore. He would appreciate the federal nature of government, the elective nature of the legislature, and the freedom granted to citizens. He would have deplored slavery based on race and applauded the 13th Amendment. He would have looked askance at the role of the president and the necessity for a military. In sum, if we can believe that what he wrote in Utopia reflects his attitudes correctly, Thomas More’s would be a mixed verdict on American republicanism.     

The Fall of the Finnish Prison Population

At the beginning of the 1950s, the prisoner rate in Finland was four times higher than in the other Nordic countries and among the highest in Europe. However, the steady decrease that started soon after the Second World War has continued, and in the beginning of the 1990s Finland reached the Nordic level. The paper discusses some backgound factors behind this ''success story''. In addition, the paper examines the relation of prisoner rates and recorded crime. A comparison between the Nordic countries reveals that the major crime trends have been practically similar despite striking differpractices ences in the use of imprisonment. As concluded in the paper, the decrease in the prison population is one of the major victories of Finnish crime policy.