European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening ``on the ground'' at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

Supply chain arrangements: The ABC to GDPR compliance—A spotlight on emerging market practice in supplier contracts in light of the GDPR

With ever increasingly complex and disaggregated sourcing supply chains and in the wake of the GDPR application deadline, this article shines a spotlight on early emerging market practice in supplier contracts.     

Barriers to services for rural and urban survivors of rape

A significant proportion of survivors of rape do not utilize formal services to cope with the aftermath of rape. Understanding victimization experiences in environments that differ on resources, such as rural versus urban areas, may be an important dimension to consider in understanding barriers. Thirty women (18 rural and 12 urban) were recruited from rape crisis centers to participate in focus groups. Study results suggest that (a) survivors of rape experience many barriers to service utilization, (b) there were some differences in barriers to service utilization that were mentioned only in rural areas and some that were mentioned only in urban areas that may suggest that community context is important to consider in understanding barriers to service use, and (c) barriers to health and mental health services overlap with barriers to criminal justice system services.     

Rationalizing criminal behaviour: the influence of criminal sentiments on sociomoral development in violent offenders and nonoffenders

Cognitive developmental theory suggests that mature-level sociomoral reasoning (Stages 3 and 4) can provide a protective factor, or buffer, against antisocial and violent criminal behavior. This study explored whether the influence of internalised criminal sentiments could undermine this buffer. The sample was high-risk men and women offenders (n = 99) convicted of serious violent index offences, and men and women nonoffender university students (n = 101). Moral reasoning was measured using the Sociomoral Reflection Measure-Short Form, whereas criminal sentiments were assessed using the Criminal Sentiments Scale. Based on moral reasoning development level the sample was classified into groups: mature- or immature-level moral reasoners. The results suggested that mature-level sociomoral development might not protect a person from identifying with criminal others, and that law violation could be rationalized regardless of sociomoral level. Gender differences were neither expected nor found. The applied implications of the findings are considered.     

The Australian Greens: Party Organisation and Political Processes

The Greens challenge the Australian two‐party system by promoting an alternative political agenda and by facilitating democratic processes. Their recent successes in federal and state elections suggest that the party itself deserves closer scrutiny. This paper shows how the Greens are organisationally different from other parties currently active in Australian politics due to both their internal processes and their parliamentary practices. Recent theories of parties argue that party organisation has changed significantly for major parties, adopting an electoral‐professional or cartel model that centralises power and decision‐making in party representatives within parliaments. This paper shows how a smaller party uses identity formation processes to establish a distinctive organisational style. We examine the Greens' party organisation by analysing the interdependent relationships between the party membership, the state and national offices, and Green MPs. The paper is based on original research including in‐depth interviews undertaken with state and federal Greens members of parliaments.     

Laser microdissection separation of pure spermatozoa from epithelial cells for short tandem repeat analysis

Short tandem repeat (STR) analysis is a valuable tool in identifying the source of biological stains, particularly from the investigation of sexual assault crimes. Difficulties in analysis arise primarily in the interpretation of mixed genotypes when cell separation of the sexual assailant's sperm from the victim's cells is incomplete. The forensic community continues to seek improvements in cell separation methods from mixtures for DNA typing. The feasibility of applying laser microdissection (LMD) technology to precisely separate sexual assault cell mixtures by visual inspection coupled with laser dissection was assessed through three experiments. First, various histological stains were evaluated for use with LMD and DNA analysis. Second, different DNA isolation methods were evaluated on LMD-collected cells. Finally, STR analysis was performed on LMD-separated sperm cells from mixtures of semen and female buccal epithelial cells. The results indicated (a) hematoxylin/eosin staining performed best in its ability to differentiate sperm and epithelial cells while exhibiting the least negative effect on further downstream analysis; (b) both QIAamp and Lyse-N-Go methods were useful for recovery of DNA from LMD-collected sperm cells; and (c) LMD separation provided clear STR profiles of the male donor with the absence of any additional alleles from the female donor. This report describes an efficient, low-manipulation LMD method for the efficient separation of spermatozoa from two-donor sperm/epithelial cell mixtures.     

Sudden death from saccular laryngeal cyst

Laryngeal cysts are benign, uncommon lesions of the larynx that have been reported on rare occasions to cause sudden death in infants and adults by acute airways obstruction. In this report, we document the sudden death of a 36-year-old woman from a previously undiagnosed, asymptomatic laryngeal saccular cyst that presented with acute, and consequent fatal, airway obstruction. Difficulty during intubation, both in theater and in emergency settings, is a frequent presenting problem. This can have significant medicolegal implications in determining possible negligence. The diagnosis, classification, and management of such cysts, and their importance to both the forensic pathologist and clinicians are discussed.     

Investigating BCCI: A journalist's experience

This is a working journalist's account of his involvement in the BCCI affair. Investigative journalists, as nosey cynics who follow up leads, were able to accumulate information highlighting the fraud in the bank, whereas the several regulatory agencies involved operated independently and were reticent in using their powers of disclosure and compliance.     

The use of the determinate sentence—an historical perspective: A research note

During the past decade, the move toward determinate sentencing has been rapid, spurred by the fear of crime and a spiralling crime rate. In the 1920s the state of Ohio faced similar circumstances and altered its sentencing structure. This note examines this event and reveals that some unintended negative consequences can result from a shift in sentencing.     

Local government decision‐making—citizen participation and local accountability: some evidence from Kenya and Uganda

The current fashion for decentralisation is built on the assumption that it will result in decisions that reflect local needs and priorities. Yet representative democracy, through periodic elections, is a crude mechanism for establishing these needs and priorities. Most local government systems offer few other opportunities for citizens to participate, particularly for the poor, and few mechanisms of accountability. This article reviews the literature relating local level decision‐making, citizen participation and accountability. It then presents the findings of a study of decision‐making about the use of resources in a sample of municipal governments in Kenya and Uganda. Local governments in Kenya have traditionally offered minimal scope for citizen participation or accountability, but this is beginning to change, mainly as a result of performance conditions applied through the recently introduced Local Authorities Transfer Fund (LATF), together with an increasingly active civil society. In Uganda, which has undergone a radical decentralisation, there is much greater scope for citizen participation at the local level but there are still many of the same problems of local accountability as in Kenya. The article reviews some of the examples of, and reasons for, good (and bad) practice. It concludes that factors like committed local leadership, central monitoring of performance, articulate civil society organisations and the availability of information are critical. But even with these, there is no guarantee that decentralised decision‐making will be inclusive of the poor. Copyright © 2003 John Wiley & Sons, Ltd.