The Swedish jury system in press cases: An offspring of the English trial jury?

In the area of press freedom the English influence has for more than 200 years been strongly felt in Sweden. The introduction of a jury system in press cases in 1815 was clearly inspired by the English example. The Swedish variant had, admittedly, some strange features but it was nonetheless, in essence, a jury. Thus it should, historically and systematically, be looked upon as an offspring of the English trial jury.

Since 1815 the Swedish jury has grown more ‘English’ in some respects. Those greater similarities notwithstanding, there are still important differences between the two systems. At least two of the differences are the result of Swedish innovations.

In 1949 the Swedes in the new Freedom of the Press Act included a provision, stating that the court of first instance not only may but must review a verdict of conviction. If also the court convicts and, consequently, fixes the penalty, the defendant can always take the case at least to the appropriate court of appeal. Thus, there is a double‐check or even a triple‐check against an unwarranted conviction. From the defendant's point of view the Swedish jury system can be described as fool‐proof.³⁵

In 1949 the Swedes also introduced a new method of choosing the jury. The jurors are drawn by lot but not, as in England, with the electoral register as the starting point but from a panel chosen by politically elected councils. Furthermore, one third of the jurors must be present or former lay assessors. Through that method of selecting the jurors the Swedes have reasonably counteracted the traditional charges that juries are ignorant or confused or both. On the other hand, the Swedish system may be sensitive to political influence on the administration of justice since the composition, not exactly of this or that jury but of the whole panel, is the indirect result of political elections. However, once more, unwarranted convictions are almost certainly reversed by the courts.

With their method of choosing the jurors the Swedes also avoid a problem which has, in recent years, caused considerable disquiet in Great Britain ‐ jury vetting. The ancient practice of ‘Stand by for the Crown’ is still a reality in English courts. How often the prosecution uses its right to influence the composition of juries by vetting proposed jurors is not known. However, the practice has caused serious concern among lawyers. ‘The fear of “packed” juries is still with us’, to quote an expert in the field, John F. McEldowney.³⁶

The Swedish jury in press cases is certainly not the most important or the best known offspring of the English trial jury ‐ that is, of course, the American jury. However, the Swedish jury has survived for more than 165 years and is still going strong. It is quantitatively of modest significance ‐ there are in ‘normal’ years no more than a dozen cases in the country. However, the jury has an umbrella effect outside the printed media, i.e. what you are allowed to say in a newspaper or in a book you can almost certainly say at a public meeting or on a stage.

In recent decades the Swedish jury has shown a considerable capability of development. It has approached the English model on some points while, at the same time, making innovations on others. It is possible that Sweden during the 1980s may somewhat expand the jury system within the area of free speech, i.e. outside the printed media.     

The margins of security: Politics and economics in Sweden

The strong military defense posture is perhaps the most well-known attribute of the Swedish security policy. A military-industrial policy of self-sufficiency is often described as a necessary condition for the peace-time credibility of Sweden's nonaligned position and will to stay neutral in war. What is not so well known are the underlying premises, costs involved and the alternatives rejected. This article analyzes national and international developments with important implications for the future. When the suit of the traditional Swedish security policy becomes too small, the margins of security become apparent.     

Biting the hand that feeds them? Abkhazia–Russia client–patron relations

ABSTRACT

The article discusses the post-Soviet de facto state of Abkhazia, and its relationship to its main patron, Russia. All patron–client nexuses are marked by a high degree of asymmetrical power – especially with de facto states, which depend upon the patron for their very survival. Thus, it is surprising to see how de facto client states repeatedly show that they are both willing and able to defy the wishes of their patrons and pursue their own agendas instead. Moreover, the patron may be willing to tolerate such rebelliousness. What can explain such “disobedient” behavior? I examine three contentious aspects of Russian–Abkhazian relations: the process leading up to the signing of an extended bilateral agreement in 2014; the tussles over how to fight crime in Abkhazia; and acrimony over Abkhazia’s reluctance to allow Russians to buy property in their country, despite massive pressure from Russian authorities.     

Flunitrazepam: psychomotor impairment, agitation and paradoxical reactions

Benzodiazepines are sedatives used for anxiolysis, hypnosis, muscle relaxation and the treatment of epilepsy. Paradoxical reactions including agitation, talkativeness, confusion, disinhibition, aggression, violent behavior and loss of impulse control may, however, occur in some subjects. It has been claimed that high doses of flunitrazepam may cause aggression on a more regular basis in all individuals. The present study makes use of a Norwegian forensic toxicological database containing analytical results from drivers suspected of driving under the influence and suspects of violent crime to analyze the relationship between behavior and blood flunitrazepam concentration. Four-hundred and fifteen cases of drivers suspected of driving under the influence and seven cases of suspects of violent crime were studied. These selected cases had flunitrazepam as the only drug in blood samples and had been evaluated by a clinical test for impairment (CTI) performed by a police physician at the time of blood sampling. The impaired drivers had higher blood flunitrazepam concentrations than the not impaired drivers. Multivariate analysis revealed that both blood flunitrazepam concentration and age of the suspected drivers had independent impact on impairment, indicating tolerance with age. Most of the effects measured were sedative effects of flunitrazepam and these effects were related to flunitrazepam level. Possible paradoxical reactions were observed in a subgroup of 23 individuals (6%), but these reactions did not relate to blood flunitrazepam concentration. The suspects of violent crime showed similar degree impairment and had not more paradoxical reactions than the suspected drugged drivers. The findings were in agreement with other research that claims paradoxical reactions should be viewed as a reaction in certain individuals, and does not support the notion that flunitrazepam in high concentration produces aggression in all individuals taking the drug.     

Sudden cardiac death in a young woman: tumor of the atrioventricular (AV) node or citalopram intoxication?

Atrioventricular (AV) node tumor is a very rare lesion of the cardiac conduction system. Clinically, it is associated with complete AV block and sudden cardiac death, often in apparently healthy young people.We report a case of a 24-year-old woman who developed ventricular fibrillation during sexual intercourse and died before admittance to the hospital. The woman had a medical history of depression and was treated with citalopram.At first, no macroscopic or microscopic pathologic changes were found. Toxicologic analysis showed a toxic level of citalopram in the blood. Further microscopic examination of the cardiac conduction system disclosed a tumor of the AV node. Immunohistochemical staining confirmed endodermal origin in accordance with the latest hypothesis of the pathogenesis of this tumor.It was concluded that this young woman died of cardiac arrhythmia due to the AV tumor and not from citalopram intoxication, as first suspected. This case emphasizes the importance of a microscopic examination of the cardiac conduction system in cases of sudden unexpected death, even in cases with a plausible cause and manner of death at first glance.     

The EDNAP mitochondrial DNA population database (EMPOP) collaborative exercises: organisation, results and perspectives

This paper presents an overview of the organisation and the results of the collaborative exercises (CE) of the European DNA Profiling (EDNAP) Group's mitochondrial DNA population database project (EMPOP). The aim of the collaborative exercises was to determine whether uniformity of mtDNA sequencing results could be achieved among different laboratories. These were asked to sequence either the complete mtDNA control region or the two hypervariable regions HVI (16024-16365) and HVII (73-340) from DNA extracts, buccal swabs or bloodstains, proceeding in accordance with the protocol and strategies used in each individual laboratory. The results of the collaborative exercises were employed to identify possible sources of errors that could arise during the analysis and interpretation of mtDNA profiles. These findings were taken as a basis to tentatively make suitable arrangements for the construction of a high quality mtDNA database. One hundred fifty mtDNA profiles were submitted to the evaluating laboratory, and disaccording profiles were classified into four groups corresponding to the source of error: clerical errors, sample mix-ups, contaminations and discrepancies with respect to the mtDNA nomenclature. Overall, 14 disaccording haplotypes (16 individual errors) were observed. The errors included 10 clerical errors, 3 interpretation problems, 2 cases of sample mix-up and 1 case of point heteroplasmic mixture, where the 2 sequencing reactions brought inconsistent base calls. This corresponds to an error rate of 10.7% in a virtual mtDNA database consisting of the collaborative exercise results. However, this estimate is still conservative compared to conclusions drawn by authors of meanwhile numerous publications critically reviewing published mtDNA population databases. Our results and earlier published concerns strongly emphasize the need for appropriate safety regulations when mtDNA profiles are compiled for database purposes in order to accomplish the high standard required for mtDNA databases that are used in the forensic context.     

Multiplex PCR and minisequencing of SNPs--a model with 35 Y chromosome SNPs

We have developed a robust single nucleotide polymorphism (SNPs) typing assay with co-amplification of 25 DNA-fragments and the detection of 35 human Y chromosome SNPs. The sizes of the PCR products ranged from 79 to 186 base pairs. PCR primers were designed to have a theoretical Tm of 60 +/- 5 degrees C at a salt concentration of 180 mM. The sizes of the primers ranged from 19 to 34 nucleotides. The concentration of amplification primers was adjusted to obtain balanced amounts of PCR products in 8mM MgCl2. For routine purposes, 1 ng of genomic DNA was amplified and the lower limit was approximately 100 pg DNA. The minisequencing reactions were performed simultaneously for all 35 SNPs with fluorescently labelled dideoxynucleotides. The size of the minisequencing primers ranged from 19 to 106 nucleotides. The minisequencing reactions were analysed by capillary electrophoresis and multicolour fluorescence detection. Female DNA did not influence the results of Y chromosome SNP typing when added in concentrations more than 300 times the concentrations of male DNA. The frequencies of the 35 SNPs were determined in 194 male Danes. The gene diversity of the SNPs ranged from 0.01 to 0.5.     

Information, Interests, and Environmental Regulation

This study contributes to the understanding of informational approaches to bringing about compliance with environmental regulations with particular attention to differences in the influence of information provided by different information sources. Based on theorizing from a combination of information processing and interest group literatures, we develop hypotheses about regulatees' reliance upon and the influence of different sources of information. We test these hypotheses for Danish farmers' compliance with agro-environmental rules. Our findings show that information plays a role in bringing about regulatory compliance, but its influence is not as strong and is less direct than might be thought to be the case. In addition, we show that not all information sources have the same influence. The findings demonstrate that interest groups have important roles in information provision and legitimization of policies that have often been assumed in the literature but have rarely been empirically examined.     

Local government service production: The politics of allocative sluggishness

A partial adjustment model with endogenous speed of adjustment is developed to analyze how pressure from interest groups and mass media influence the adjustment process of local governments. A survey questionnaire to the local politicians is used to measure the pressure indicators. Based on a combined cross-section and time-series data base for Norwegian local governments, the sluggishness of the adjustment process is estimated. The dynamics of the adjustment process is shown to reflect the activity of interest groups and media pressure. Pressure groups related to primary education explain an important part of the sluggishness observed. Pressure groups promoting kindergartens and health care/care for the elderly stimulate reallocations.