Nine points of the law: evidentiary rules and the costs of litigation

If the defendant in a lawsuit is better informed than the plaintiff about the value of damages that could potentially be assigned by the court, biasing the burden of proof toward the plaintiff may lower aggregate efficiency losses from litigation.     

Assessment and management of risk for intimate partner violence by police officers using the Spousal Assault Risk Assessment Guide

Intimate partner violence (IPV) is a crime that is present in all countries, seriously impacts victims, and demands a great deal of time and resources from the criminal justice system. The current study examined the use of the Spousal Assault Risk Assessment Guide, 2nd ed. (SARA; Kropp, Hart, Webster, & Eaves, 1995), a structured professional judgment risk assessment and management tool for IPV, by police officers in Sweden over a follow-up of 18 months. SARA risk assessments had significant predictive validity with respect to risk management recommendations made by police, as well as with recidivism as indexed by subsequent contacts with police. Risk management mediated the association between risk assessment and recidivism: High levels of intervention were associated with decreased recidivism in high risk cases, but with increased recidivism in low risk cases. The findings support the potential utility of police-based risk assessment and management of IPV, and in particular the belief that appropriately structured risk assessment and management decisions can prevent violence.     

Early criminal recidivism among mentally disordered offenders

Criminal recidivism was studied during 2 years in a Swedish population-based cohort (N = 318) of mentally disordered male offenders who had undergone a pretrial forensic psychiatric investigation, been convicted in subsequent trials, and been sentenced to forensic psychiatric treatment (FPT; n = 152), prison (n = 116), or noncustodial sanctions (n = 50). Recidivism was analysed in relation to index sanctions, levels of supervision, diagnoses, and criminological factors. Significantly lower recidivism in the FPT group was related to lower crime rates during periods at conditional liberty in this group alone, and recidivism was significantly more common among offenders with at least one of the two diagnoses of substance abuse disorder and personality disorder than among those with psychotic or other mental disorders alone. Age at index crime and number of previous crimes emerged as significant predictors of recidivism. The results of this study suggest that the relapse rates depend as much on level of supervision as on individual characteristics.     

Lethal Connections: The Determinants of Network Connections in the Provisional Irish Republican Army, 1970–1998

Using stochastic methods we illustrate that the Provisional Irish Republican Army's (PIRA) network is clustered along three primary dimensions: (a) brigade affiliation, (b) whether the member participated in violent activities, and (c) task/role within PIRA. While most brigades tended to foster connections within the brigade (that is, “closure”), the tendency to do so varied across the organization. Members who engaged with violent activities were far more likely to connect with each other; in later periods there is polarization into those who engage in violent activities and those who do not. Across brigades, those who engage in a particular task and role (improvised explosive device [IED] constructor, IED planter, gunman, robber/kidnapper/drug smuggler/hijacker) are more likely to connect with others who do the same task or play the same role than with other members who fulfill other roles. Standard forms of homophily (that is, the tendency to make connections with people who are similar in terms of demography or status) play a very weak role in explaining which members interact with one another. Finally, our analysis illustrates clear patterns of relational change that correspond to changes in the formal structures that PIRA's leadership promoted.     

First report from the Swedish National Forensic Psychiatric Register (SNFPR)

To the best of our knowledge, the present register is the only nationwide forensic psychiatric patient register in the world. The aim of this article is to describe the content of the Swedish National Forensic Psychiatric Register (SNFPR) for Swedish forensic patients for the year 2010. The subjects are individuals who, in connection with prosecution due to criminal acts, have been sentenced to compulsory forensic psychiatric treatment in Sweden. The results show that in 2010, 1476 Swedish forensic patients were assessed in the SNFPR; 1251 (85%) were males and 225 (15%) were females. Almost 60% of the patients had a diagnosis of schizophrenia, with a significantly higher frequency among males than females. As many as 70% of the patients had a previous history of outpatient psychiatric treatment before becoming a forensic psychiatric patient, with a mean age at first contact with psychiatric care of about 20 years old for both sexes. More than 63% of the patients had a history of addiction, with a higher proportion of males than females. Furthermore, as many as 38% of all patients committed crimes while under the influence of alcohol and/or illicit drugs. This was more often the case for men than for women. Both male and female patients were primarily sentenced for crimes related to life and death (e.g., murder, assault). However, there were more females than males in treatment for general dangerous crimes (e.g., arson), whereas men were more often prosecuted for crimes related to sex. In 2010, as many as 70% of all forensic patients in Sweden had a prior sentence for a criminal act, and males were prosecuted significantly more often than females. The most commonly prescribed pharmaceuticals for both genders were antipsychotics, although more women than men were prescribed other pharmaceuticals, such as antidepressants, antiepileptics, and anxiolytics. The result from the present study might give clinicians an opportunity to reflect upon and challenge their traditional treatment methods.     

Trust and verification: balancing agency and stewardship theory in the governance of agencies

ABSTRACT

Many government services are delivered by (partially) autonomous agencies. Governments need effective measures for contracting, steering, and monitoring agencies and to balance control and trust. In the literature, control-based agency theory and trust-based stewardship theory have often been portrayed as alternative and competing approaches. In empirical studies in public administration, however, these approaches often find mixed and contradictory results. Against this background, this article analyzes how a combination of trust- and control-based approaches, explicitly founded on agency and stewardship theory, can help explain when participants find a given governance regime to be most satisfactory. A survey instrument is developed which, for the first time, fully measures the rich concept of stewardship theory in conjunction with agency theory. The analysis of the governance of Dutch agencies shows that government indeed combines governance solutions from both theoretical camps and illuminates under which conditions this combination is most satisfactory.