Using the Violence Risk Appraisal Guide (VRAG) to predict in-prison aggressive behavior in a Swiss offender population

The present study is a first-time evaluation of the Violence Risk Appraisal Guide's (VRAG) predictive quality for institutional violence in a German-speaking country. The VRAG was assessed for 106 violent and sexual offenders based on their files. Violent infractions during imprisonment were evaluated using the files of the state penitentiary. Results show in accordance with previous studies only a moderate effect between VRAG scores and institutional misconduct. However, these findings were only significant for participants with a sex crime as index offense. In the study, the VRAG was unable to predict verbal and physical violence by violent offenders. The implications of these findings for institutional risk management and the future development of intramural detection of participants at risk in the German-speaking part of Europe are discussed.     

A historical institutionalist view on merging LULUCF and REDD+ in a post-2020 climate agreement

In the context of the UNFCCC negotiation process on a global climate agreement, policy makers are looking for approaches on how to significantly raise the mitigation ambition of all relevant sectors, including the land use sector. Aside of the formal negotiations some Parties to the UNFCCC have started an informal dialogue and discuss how to merge the fragmented accounting rules for mitigation relevant land use activities, in particular those concerning forest-sector emissions. Stressing that ‘history matters’, we use a historical institutionalist perspective to assess the institutional pathways of the different accounting rules for developed and developing countries, their mutual relationship, and in how far they are supportive or counterproductive for this endeavour. Our empirical analysis shows that Parties tend to use any modification phase in the negotiation process to water down already achieved agreements, and that negotiating modalities after targets have been agreed is not conducive either. In the efforts of specifying the Paris agreement, merging existing rules into a common accounting framework is likely to further compromise the exisiting weak rules and modalities, and potentially what negotiators consider as ‘environmental integrity’. With this, a formal negotiation of common rules for the accounting of the land use sector may yield an outcome below what has been achieved since the negotiations on a post-2020 agreement started in 2005. We conclude that politically acceptable approaches for the land use sector that also contribute to the overall objective of raising ambition should avoid reopening already agreed decisions on rules and modalities.     

Dynamiken von Gesetzgebungsinitiativen der Bundes- und Landesparteien im deutschen Föderalismus. Eine Analyse für den Bereich der Rechte Minderjähriger, 1990 bis 2014

The article explores how parties influence legal change in federal systems. Analysing 310 initiatives to change German legislation concerning minors’ rights (which fall into federal and land jurisdiction) for the period from 1990 to 2014, the study opens up empirically a new legislative domain which has been largely ignored by political science so far. It investigates the initiating parties, issues, positions, timing, and cross-level government constellation and corroborates that parties in Germany coordinate their legislative initiatives across lands and levels. At the same time, the data indicate that German land parties are not mere agents of the federal parties and do not utilize the länder level for law-making against federal majorities. The many federal and länder initiatives instead give room for discourse and provide incentives for (re)adjusting party positions which in the long run fosters legal changes.     

The big 5 dimensional personality approach to understanding sex offenders

Abstract

Although previous research has reported that the incarceration of sex offenders does not significantly reduce re-offending, there is no adequate theory guiding remedial programs for this population. The aim of the present study was to examine whether normal personality variation provides useful theoretical insight into the nature of sex offences against children. The Revised NEO Personality Inventory (NEO PI-R), a measure of the five-factor model (FFM) of personality, was administered to 64 males incarcerated for child sex offences. Sex offenders were categorised into different offender groups comprising incest within the immediate family, incest within step-family and extra familial offence. A comparison group of 33 non-offender males also completed the NEO PI-R. Results indicated that the sex offender groups were significantly higher in Neuroticism and significantly lower in Extraversion and Conscientiousness compared to the non-offender group. Significant differences between the sex offender groups and comparison groups for NEO PI-R facets were also found. The implications of these findings in terms of early identification and treatment are discussed.     

Therapeutic jurisprudence and responsivity: Finding the will and the way in offender rehabilitation

Correctional systems worldwide are currently undergoing a shift towards rehabilitation. Underpinning rehabilitation are the principles of risk, need, and responsivity. Responsivity includes internal responsivity (offender characteristics) and external responsivity (staff and setting characteristics). The responsivity principle has been neglected in the literature. While contemporary psychological theories of offender rehabilitation address internal responsivity, they do not address external responsivity, particularly in relation to the impact of the law. Therapeutic jurisprudence as a legal theory provides the opportunity to complement psychological theory and to address responsivity in offender rehabilitation. Therapeutic jurisprudence utilizes psychological knowledge to determine ways in which the law can enhance individual well-being. The purpose of this article is to demonstrate a psycholegal approach to offender rehabilitation. Psychological approaches can be applied to motivate offenders and provide them with the opportunity to make informed decisions about participation in rehabilitation programmes. However, this approach will not succeed without harnessing correctional staff as legal actors and potential therapeutic agents. A cognitive--behavioural model of an organizational culture change towards rehabilitation is proposed. In this endeavour “the will and the way” in both offenders and staff can be harnessed to maximize the therapeutic effects of the law.     

Zu den verfahrensrechtlichen Implikationen der Kompetenzverteilung zwischen der EG und den Mitgliedstaaten im Bereich der Au?enbeziehungen —unter besonderer Berücksichtigung des Umweltrechts—

Grundsätzlich finden in Bezug auf die Kompetenzverteilung zwischen EU und Mitgliedsstaaten für die Verhandlung völkerrechtlicher Verträge und den Erlass von „Durchführungsbestimmungen“ im Rahmen völkerrechtliche Vertragsreihe die allgemeinen Grundsätze der Kompetenzverteilung im Bereich der Außenbeziehungen Anwendung. Diese sind aber mit Blick auf die spezifische Problematik von Verhandlung und Durchführung völkerrechtliche Verträge einer Reihe von Präzisierungen zugänglich, die im Folgenden entwickelt werden. Diese Fragestellung ist allgemein im Recht der Außenbeziehungen von Bedeutung; im Umweltbereich ist sie aber wegen der Fülle völkerrechtlicher Verträge der Gemeinschaft und ihrem Charakter als i.d.R. gemischte Verträge besonders relevant.     

The Scope of Article 12 EC: Some Remarks on the Influence of European Citizenship

Abstract:  According to European Court of Justice (ECJ) case-law, the scope of application of the EC Treaty is engaged under the following conditions when the free movement of persons has been established: a cross-border connection is given; the Union citizen concerned resides legally in the host Member State; and the measure in question or the regulation has a connection with the residence or facilitates it. This condition will regularly be fulfilled since nearly every (national) regulation has a direct or indirect effect on the stay. A general link to primary or secondary law is, on the other hand, not necessary. Secondary law, however, can be significant in connection with the lawful residence. Even if partly vehement critiques have been formulated against this approach of the ECJ, it is convincing with regard to the aim of guaranteeing the free movement to European citizens.     

Zur Auslegung des Art. 95 Abs. 5 EGV

Keine Zusammenfassung     

Literatur

Ohne Zusammenfassung