The Public Prosecutor as Key-Player: Prosecutorial Case-Ending Decisions

This article presents the core issue of an 11 European countries study on the processes of diversion and prosecution with the public prosecutor as the key player. In consequence of a high workload large proportions of mass crimes are not brought before court, but are ended at earlier stages of criminal justice systems. Here the public prosecution service fulfils a selective function which differs from country to country according to its legal status and discretionary powers. Therefore the prosecutorial case-ending decisions in form of dismissal of proceedings, conditional disposals and penal orders can not be treated in isolation, but in dependence of its role within the whole criminal justice system and especially of the input from the police level.     

Methodological issues in monitoring the use of coercive measures

PurposeIn many European countries, initiatives have emerged to reduce the use of seclusion and restraint in psychiatric institutions. To study the effects of these initiatives at a national and international level, consensus on definitions of coercive measures, assessment methods and calculation procedures of these coercive measures are required. The aim of this article is to identify problems in defining and recording coercive measures. The study contributes to the development of consistent comparable measurements definitions and provides recommendations for meaningful data-analyses illustrating the relevance of the proposed framework.MethodsRelevant literature was reviewed to identify various definitions and calculation modalities used to measure coercive measures in psychiatric inpatient care. Figures on the coercive measures and epidemiological ratios were calculated in a standardized way. To illustrate how research in clinical practice on coercive measures can be conducted, data from a large multicenter study on seclusion patterns in the Netherlands were used.ResultsTwelve Dutch mental health institutes serving a population of 6.57 million inhabitants provided their comprehensive coercion measure data sets. In total 37 hospitals and 227 wards containing 6812 beds were included in the study. Overall seclusion and restraint data in a sample of 31,594 admissions in 20,934 patients were analyzed. Considerable variation in ward and patient characteristics was identified in this study. The chance to be exposed to seclusion per capita inhabitants of the institute's catchment areas varied between 0.31 and 1.6 per 100.000. Between mental health institutions, the duration in seclusion hours per 1000 inpatient hours varied from less than 1 up to 18 h. The number of seclusion incidents per 1000 admissions varied between 79 up to 745. The mean duration of seclusion incidents of nearly 184 h may be seen as high in an international perspective.ConclusionCoercive measures can be reliably assessed in a standardized and comparable way under the condition of using clear joint definitions. Methodological consensus between researchers and mental health professionals on these definitions is necessary to allow comparisons of seclusion and restraint rates. The study contributes to the development of international standards on gathering coercion related data and the consistent calculation of relevant outcome parameters.     

Trafficking in human beings for labour exploitation. The case of the Netherlands

Exploitation of women in the sex industry is the best known but probably not the most common outcome of trafficking in human beings. Still, trafficking for labour exploitation gets less attention from policy makers, the police and researchers. The legal framework allows dealing with trafficking for labour exploitation, but the prosecution of such cases is still in its infancy. In this contribution we focus on labour exploitation. We first present the legal framework. Then we go into the lack of knowledge in this area, followed by what we do know about risk sectors, victims, and what makes them vulnerable for exploitation. Focussing on the Netherlands, we describe the perpetrators and the difficulties in investigating and prosecuting trafficing cases in general and labour exploitation in particular, rounding off with some general conclusions.     

Reciprocal effects of self-concept and academic achievement in sixth and seventh grade

We aimed to (a) assess causal influences of three levels of self-concept on each other, (b) examine the relationship between each level of self-concept and academic achievement, and (c) compare the effect of self-concept on achievement with the effect of achievement on self-concept. In a two-year longitudinal study of 322 sixth and seventh grade students, influences over time between three levels of self-concept were weak. Zero-order correlations between self-concept and grades were positive and substantial, as in past studies. When using structural equation models, we found much weaker paths between self-concept and grades. Influences from self-concept to grades were very weak, but grades had a modest influence on subsequent discipline-specific self-concept. We conclude that past correlational studies have overstated the influence of self-concept on grades and of grades on self-concept.Financial support was supplied by the Life Cycle Institute, Catholic University.Received Ph.D. from Harvard University. Research interests include self-concept, religious development, and moral development.Received Ed.D. from Michigan State University. Research interests include self-concept and reading instruction.Received B.A. from The Catholic University of America. Research interests include political socialization and social movements.     

Documentation of torture and cruel,inhuman or degrading treatment of children: A review of existing guidelines and tools

The documentation of individual cases of child torture is of paramount importance to bring justice to, and help heal, individuals and sensitize societies. Our objective is to systematically review medical guidelines for the recording of individual cases of child torture or cruel, inhuman or degrading treatment (CIDT). We searched CINAHL, Embase, the Guidelines International Network, Lilacs, Medline, the National Guideline Clearinghouse, PsychInfo and all websites of the organizations participating in the updating of the Istanbul Protocol for guidelines or studies on how to document torture, CIDT or abuse in persons under 18 years. We did not find a comprehensive guideline that encompassed all aspects of the documentation of child torture, as does the Istanbul Protocol for adults. An expert opinion guideline on how to document sexual torture in children was found, and in addition we identified 13 consensus-based guidelines for the evaluation of abuse in children or specific aspects thereof. We strongly recommend a child specific, comprehensive guideline on the documentation of torture and CIDT in children.     

Humanising Imprisonment: A European project?

This paper focuses on the continued significance of human rights in the movement to develop a more comprehensive European framework to improve prison conditions. It identifies the immediate factors that underlie the movement as the successful implementation of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment and Punishment; the growing number of judgments of the European Court of Human Rights applying the European Convention for the Protection of Human Rights and Fundamental Freedoms to prison matters; the expansion of the number of member states of the Council of Europe; and the increased political interest at European level in penological matters. Attention is also paid to the wider ideological role that a concern for human rights plays in European criminal justice politics. The paper illustrates the reform movement by focussing on recent recommendations of the Council of Europe on various aspects of imprisonment, including the new European Prison Rules. The possible emergence of an international instrument of treaty status that would deal directly with substantive conditions of imprisonment is noted and its potential impact considered. An argument is made for the systemisation of European prison law and for further reform initiatives.     

Trends in the Reaction on Crime in Criminal Justice Systems in Europe in 1990–2007: A Comparison of Four European Regions

Recorded crime and prison populations seem to be increasing in Europe. Some explanations for this situation can be related to changes in the reaction on crime by the Criminal Justice Systems. The information collected in the European Sourcebook of Crime and Criminal Justice Statistics (ESB) provides a good opportunity to look in more detail at the changes in the various stages of the Criminal Justice Systems in more than 40 European countries over the period 1990 to 2007. In this study we look mainly at the changes over time of recorded crimes, the offender ratio, the conviction ratio and punitivity in Europe where the countries are clustered into four regions: North/West, South, Central and East Europe. It was found that the increase in the number of recorded drug crimes and a possible higher priority for violent crimes could help explain the increase in recorded crimes during the last two decades. The Criminal Justice Systems in Europe, with some differences between regions within Europe and despite not having more police resources, succeed in finding more offenders. The conviction ratio appeared to be increasing as well, mainly in Central Europe. While punitivity for Europe as a whole is stable, there are vast differences in the levels and trends between the regions.     

When the Line is Crossed... Paths to Control and Sanction Behaviour Necessitating a State Reaction

This article provides an overview of the various forms of proceedings available within 11 European criminal justice systems and reflects upon their core features. It also provides a picture of how far alternative, non-criminal proceedings are used by some of the systems as a different path to imposing a state reaction upon wrong-doers.