Risk calculation and precautionary uncertainty: two configurations within crime assessment

This paper explores two configurations of thinking about crime amongst law enforcement agencies and private sector security managers: ‘risk calculation’ (concerned with everyday, calculable probabilities and impacts and their management) and ‘precautionary uncertainty’ (concerned with events that might be incapacitating, yet are not calculable by probability assessments). The paper explores their respective constituent concepts and fields of application in crime assessment, drawing upon qualitative research-in-progress in Belgium. Risk calculation, as applied to crime, starts with past data on routines that link perpetrators with targets that lack capable guardians. Precautionary uncertainty focuses on potential impacts that are highly disabling and potentially wide-spreading (contagion, knock-on effects), asking how such impacts can be contained and recovered from. Risk and uncertainty are shown to be related to ‘rational-instrumental’ and ‘deliberative-constitutive’ approaches as developed by Fisher’s work in the field of law, which offers a meta-narrative in relation to which they can be positioned. Finally, the paper asks if these two crime assessment methods should be seen as distinct or as merging. On the basis of criteria of conceptual sharpness, openness to public debate and justiciability, the authors champion the maintenance of a clear distinction between risk and uncertainty.     

Timely shirking: time-dependent monitoring and?its?effects on legislative behavior in the U.S. Senate

We examine legislative shirking under conditions of imperfect constituent monitoring. Our core argument states that variation in information costs and constituent memory leads to systematic variation in constituent monitoring over time. Assuming that legislators are responsive to multiple cues, we expect to observe time-dependent legislative shirking. We develop a theoretical model of legislative behavior with time-dependent monitoring, which we test empirically using Senate roll call data. Our findings show that a substantial number of senators engage in systematic, time-dependent shirking, and that senators consistently move toward extreme positions when monitoring is low and toward moderate positions when it is high.     

EU update

This is the latest edition of Baker & McKenzie’s column on developments in EU law relating to IP, IT and telecommunications. This article summarises recent developments that are considered important for practitioners, students and academics in a wide range of information technology, e-commerce, telecommunications and intellectual property areas. It cannot be exhaustive but intends to address the important points. This is a hard copy reference guide, but links to outside web sites are included where possible. No responsibility is assumed for the accuracy of information contained in these links.     

Medical confidentiality and partner notification in cases of sexually transmissible infections in belgium

Research has shown that HIV-positive patients sometimes refuse to take precautionary measures against sexual transmission as well as to notify their sexual partner(s) of their status. Faced with such a situation, physicians find themselves in a dilemma as they are forced to choose between honouring their duty of professional confidentiality and protecting their patients' partner(s). Recent advice from the Belgian Medical Council (BMC) for the first time accepts that physicians can exceptionally, and under certain conditions, invoke necessity to breach confidentiality and inform usual and occasional sexual partners of HIV-infected patients who refuse to take precautions against transmission. This article sketches the ethical evolution of this position from 1987 up to now in Belgium, and examines whether or not the BMC's opinion on the matter corresponds to the applicable substantive criminal law provisions and whether or not partner notification could also be defended for other sexually transmissible infections (STIs). A case study of the situation in Belgium illustrates how discussions about STIs can deeply influence the evolution of legal and ethical rules about medical confidentiality.     

Mandated justice: The potential promise and possible pitfalls of mandating procedural justice in the workplace

This study addresses the question of whether and how legal authorities ought to intervene in work organizations in order to most effectively regulate the behavior of employees. This question is examined empirically, by exploring whether the association between the level of fairness employees experience in procedures regarding pay and benefits, and their adherence to workplace rules, differs depending upon whether those procedures are enacted by companies voluntarily or mandated by law. This question was addressed using both a survey of a representative sample of employees in Israel, as well as their reactions to an experimental vignette. The results generally suggest that evaluations of the procedural justice of performance appraisal hearings more strongly influenced judgments of overall workplace fairness, perceptions of management legitimacy, and employee rule‐adherence behavior when employees believed fairer workplace procedures were required by law.     

Examining context-specific perceptions of risk: exploring the utility of “human-in-the-loop” simulation models for criminology

Objectives  

To utilize a “human-in-the-loop” simulation methodology to examine the impact of high-risk environmental contexts on perceptions of victimization risk.     

Searching the Soil: Forensic Importance of Edaphic Fauna After the Removal of a Corpse

Abstract: Arthropods at different stages of development collected from human remains in an advanced stage of decomposition (following autopsy) and from the soil at the scene are reported. The corpse was found in a mixed deciduous forest of Biscay (northern Spain). Soil fauna was extracted by sieving the soil where the corpse lay and placing the remains in Berlese–Tullgren funnels. Necrophagous fauna on the human remains was dominated by the fly Piophilidae: Stearibia nigriceps (Meigen, 1826), mites Ascidae: Proctolaelaps epuraeae (Hirschmann, 1963), Laelapidae: Hypoaspis (Gaeolaelaps) aculeifer (Canestrini, 1884), and the beetle Cleridae: Necrobia rufipes (de Geer, 1775). We confirm the importance of edaphic fauna, especially if the deceased is discovered in natural environs. Related fauna may remain for days after corpse removal and reveal information related to the circumstances of death. The species Nitidulidae: Omosita depressa (Linnaeus, 1758), Acaridae: Sancassania berlesei (Michael, 1903), Ascidae: Zerconopsis remiger (Kramer, 1876) and P. epuraeae, Urodinychidae: Uroobovella pulchella (Berlese, 1904), and Macrochelidae: Glyptholaspis americana (Berlese, 1888) were recorded for the first time in the Iberian Peninsula.