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.     

Overview of: “Getting the Law Involved a Quasi-Experiment in Early Intervention Involving Collaboration Between Schools and the District Attorney's Office”

Research Summary Precursors to serious and chronic delinquency often emerge in childhood, stimulating calls for early interventions. Most intervention efforts rely solely on social service programs—often to the exclusion of the juvenile justice system. The juvenile justice system has been reluctant to become involved in the lives of relatively young children fearing net widening or further straining resources that could be used for older youth with documented delinquency histories. We report here the results of an early intervention program sponsored by and housed in a district attorney's office in Louisiana. Using a quasi-experimental design, we examined outcomes associated with program involvement as well as whether the obvious involvement of the prosecutor's office was associated with further reductions in problem behavior.

• 1 : The results revealed that significant reductions in problem behaviors of young children could be attributed to program participation.
• 2 : The obvious involvement of the district attorney's office, however, was associated with limited, albeit significant, reductions in specific problem behaviors.
• 3 : These findings show that successful early intervention efforts can be made part of the juvenile justice system and that in some limited situations prosecutorial involvement can result in positive outcomes.

Policy Implications The expansion of early intervention programming into the juvenile justice system offers opportunities to address early problem behavior. Our study and its results have the following policy implications.

• 1 : Closely coupled partnerships between schools and the juvenile justice system can effectively address, mitigate, and perhaps prevent an early onset of antisocial behavior.
• 2 : Even so, coupling early intervention efforts to the mission of the juvenile justice system warrants debate. Net-widening, resource diffusion, and the potential for officials to rely too heavily on the deterrent characteristics of the justice system represent serious threats to the integrity of effective early intervention programs.
• 3 : We suggest substantial debate and consideration is given before coupling early intervention efforts to the juvenile justice system.

     

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.     

Establishing forensic search methodologies and geophysical surveying for the detection of clandestine graves in coastal beach environments

A 2010 UK police search for a clandestine burial highlighted the need for more information and quantitative data to aid coastal beach searches. This study aimed to address this by establishing relevant forensic search methodologies to aid the search for clandestine coastal burial sites, using the North West English coastline as a search area. A set of parameters were established, including criteria such as tidal range, proximity to vehicular access points and distance from inhabited areas, which may inform forensic searches by prioritising likely locations of clandestine burials. Three prioritised coastal locations were subsequently identified: (1) coastal dunes at Formby, (2) coastal dunes and (3) beach foreshore at Southport, all sites part of the Liverpool City Region in the United Kingdom. At all locations, simulated clandestine graves were hand-dug by spades into which a naked adult-sized, metal-jointed fiberglass mannequin was buried at 0.5 m below ground level. Trial geophysical surveys were then undertaken with the aim of identifying the optimal geophysical instrumentation and technique to deploy in such environments. GPR data showed 450 MHz frequency antennae to be optimal, with significantly poor data obtained from the foreshore area due to saline seawater. Electrical resistivity and magnetic susceptibility surveys were successful in coastal environments in target detection (albeit not in non-vegetated sand dunes), with resistivity fixed-offset configurations deemed optimal. The latter survey successes may be due to the recent disturbed 'grave' rather than the target, which itself is of interest in terms of identifying the most recent clandestine burials.     

Examining Rapport in Investigative Interviews with Suspects: Does its Building and Maintenance Work?

Rapport is an important part of the interviewing of suspects, enabling them to supply information more freely. This study examined 142 actual interviews with suspects, focussing on key tasks that aid rapport. Using an established framework to examine rapport building skills in the early stages of interviews, the study also measured how skilled attempts at sustaining rapport were when interviewers attempted to gather information from suspects and probe accounts for their reliability. It was found that opportunities were often missed to build rapport in the initial stages as several tasks were overlooked. Also, where any rapport had been initially built, it was not always maintained as tasks undertaken later in the interview which may well have assisted rapport maintenance were often conducted unsatisfactorily. Thus, initial rapport building of itself, therefore, is not sufficient in influencing overall interview quality and outcomes, since rapport also has to be maintained throughout the interview.