Forensic drug intelligence: an important tool in law enforcement

Organised criminality is a great concern for national/international security. The demonstration of complex crimes is increasingly dependant on knowledge distributed within law-enforcement agencies and scientific disciplines. This separation of knowledge creates difficulties in reconstructing and prosecuting such crimes. Basic interdisciplinary research in drug intelligence combined with crime analysis, forensic intelligence, and traditional law enforcement investigation is leading to important advances in crime investigation support. Laboratory results constitute one highly dependable source of information that is both reliable and testable. Their operational use can support investigation and even provide undetected connections or organisation of structure. The foremost difficulties encountered by drug analysts are not principally of a chemical or analytical nature, but methodologies to extract parameters or features that are deemed to be crucial for handling and contextualising drug profiling data. An organised memory has been developed in order to provide accurate, timely, useful and meaningful information for linking spatially and temporally distinct events on a national and international level (including cross-border phenomena). Literature has already pointed out that forensic case data are amenable for use in an intelligence perspective if data and knowledge of specialised actors are appropriately organised, shared and processed. As a particular form of forensic case data, the authors' research focuses on parameters obtained through the systematic physical and chemical profiling of samples of illicit drugs. The procedure is used to infer and characterise links between samples that originate from the same and different seizures. The discussion will not, however, focus on how samples are actually analysed and compared as substantial literature on this topic already exists. Rather, attention is primarily drawn to an active and close collaboration between magistrates, forensic scientists, law enforcement investigators and crime analysts from different institutions with the aim of generating, using and validating relevant profiling case data as integral part of investigative and crime analysis processes. Original advances are highlighted through experiences from criminal investigations of offences related to the unlawful importation, exportation, supply and possession of illicit drugs.     

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.     

What Drives the Relationship Between Early Criminal Involvement and School Dropout?

Objective

We examine the relationship between early criminal involvement and school dropout, and analyze which factors underlie this relationship, making use of administrative data from the Netherlands.

Methods

We start by determining the unconditional correlation between early criminal involvement and school dropout, using a basic ordinary least squares model. As this association is likely to be driven by different factors, we proceed by including an extensive set of observable family and individual characteristics into the estimation model. We further proceed to models that account for the influence of unobservable heterogeneity by estimating school, class, sibling and twin fixed effects.

Results

Criminal involvement is associated with an 11 percentage point higher probability of school dropout. The magnitude of this relationship decreases gradually when we account for larger shares of observed and unobserved heterogeneity. The coefficient in the same-gender twin fixed effects model indicates a 3 percentage point higher probability of school dropout, which is statistically significant at a 10 % level. We also find that the association between criminal involvement and school dropout is stronger if juveniles are involved in severe criminal activities.

Conclusions

We conclude that the observable and unobservable factors for which we account explain around 73 % of the unconditional correlation between criminal involvement and school dropout. The remaining variation likely reflects individual-specific characteristics that are different between same-gender twins. A true treatment effect, if existing, is likely to be relatively small. At the same time, serious criminal behavior appears to causally affect school dropout.

     

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.     

The pedagogy of legal reasoning: democracy,discourse and community

Learning legal reasoning is a central part of any undergraduate law degree and remains a threshold concept: one which is vital for any law student to grasp, but which is often difficult to explain. It is a form of reasoning which is very distinctive to the discipline. This article explores the applicability of learning theories typically used to ground pedagogy in higher education to the specific task of teaching legal reasoning. Constructivist or experiential theories of learning are widely used in higher education, but they need to be used with a clear focus on the specific nature of legal reasoning, which does not fit neatly within the assumptions about learning which underpin many constructivist approaches. Situated learning theories, which place emphasis on the role of the community in constructing knowledge, can also be of value. However, steps need to be taken to avoid replicating the hierarchy of the legal community within educational communities. Overall, the pedagogy of legal reasoning needs to pay attention to the specific nature of legal reasoning, to enable students to access the discourse of the legal community to use as a model, and to take students seriously as members of that community.     

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.