Ausfallshaftung und Kaduzierung

Eine jüngst ergangene Entscheidung des OGH (6 Ob 204/11k wbl 2012, 291) bietet Anlass, über das Verh?ltnis der Ausfallshaftung (§ 70 GmbHG) zum Kaduzierungsverfahren (§ 66 GmbHG) nachzudenken. Die Rechtsfrage lautet: Bedarf die Geltendmachung der Ausfallshaftung der vorherigen Durchführung eines Kaduzierungsverfahrens?     

The Prevalence and Correlates of Depression and Hopelessness among Sex Offenders Subject to Community Notification and Residence Restriction Legislation

Little research has investigated the prevalence of mood disturbance among sex offenders despite the fact that psychological distress may bear some relationship to community reintegration, and ultimately, recidivism. All offenders on New Jersey’s sex offender Internet registry were mailed surveys about their experiences with, and perceptions of, notification and residence restriction statutes, the Beck Depression Inventory-II (BDI-II), and the Beck Hopelessness Scale (BHS). On average, respondents (N = 104) reported mild to moderate levels of depressive symptoms (M _BDI = 17.1) and hopelessness (M _BHS = 6.9). Additionally, offenders who reported being negatively affected by residence restrictions and notification statutes reported higher levels of both depression and hopelessness. Given evidence that sex offender specific legislation may de-stabilize offenders, this research highlights the importance of managing affective states in this population.     

Crime Control in the 2008 Presidential Election: Symbolic Politics or Tangible Policies?

Presidential candidates regularly use crime issues to help win electoral support. Contrary to conventional wisdom, crime control became an issue in the 2008 presidential campaign. Despite decreasing crime rates and public opinion focused only temporarily on illegal immigration, the three major presidential candidates (Obama, Clinton, & McCain) discussed many anticrime initiatives during the campaign. Unlike past research which has found presidential candidates use primarily symbolic rhetoric in their anticrime rhetoric, all three presidential candidates in the 2008 presidential election were found to have employed tangible statements. The article discusses the different findings, making recommendations for future research.     

Some Further Comments on the First Section of the Vigrahavyāvartanī

The publication deals with topics concerning the interpretation of the Vigrahavyāvartanī in as much as they are relevant for the understanding of (early) Madhyamaka-philosophy in general. A major part of the article is dedicated to a critical assessment of a number of views which have been propagated recently in a paper by Sharma (In: Nagoya studies in Indian culture and Buddhism, Saṃbhāṣā, 2011). A primary goal of the present investigation consists in substantiating the claim that early Madhyamaka represents a metaphysical teaching which stands in sharp contrast not only to stances of common sense but also to tenets propagated in Buddhist dogmatics.     

Assessment of moral judgment and empathy in young sex offenders: a comparison of clinical judgment and test results

Professional decision making in forensic clinical practice may have lifelong consequences for offenders. Although information on moral development is important for prediction of reoffending and referral to adequate treatment, conclusions regarding moral development are still largely based on unstructured clinical judgment instead of assessment instruments. For this study, the authors examined to what extent unstructured clinical judgment of both moral judgment and victim empathy concurred with test results in a group of young sex offenders. Moral judgment was measured with the Sociomoral Reflection Measure-Short Form (SRM-SF), whereas victim empathy was measured with an extended version of the Basic Empathy Scale (BES). No significant associations were found between clinical judgment of moral judgment and the mean scores on the SRM-SF. However, clinical judgment of victim empathy was significantly associated with victim empathy on the Victim Empathy Scale but not consistently in the expected direction. Juvenile sex offenders, who were judged by clinicians to show little victim empathy, displayed lower mean scores on the Victim Empathy Scale than juvenile sex offenders who were evaluated to lack victim empathy or to have intact victim empathy. This study showed unstructured clinical judgment of moral development not to concur with test results. To improve decision-making processes regarding moral development, clinicians are advised to rely on instruments that assess moral development to inform clinical judgment. Further research is needed to examine which predictions are more accurate and to establish the predictive validity of moral development evaluations.