Let's talk about trust,baby! Theorizing trust and mutual recognition in the EU's area of freedom,security and justice

If mutual recognition is to be the ‘cornerstone of judicial co‐operation’ in the area of freedom, security and justice, mutual trust, on the other hand, must take a lead role as the normative glue that grounds and facilitates legal practices of recognition. Despite its topicality and practical relevance, the theoretical underpinnings of trust have been largely left untouched by legal scholarship. This article seeks to fill that void by unpacking trust's conceptual premises to prepare a critique of the legal principle of mutual trust and its underlying ideology as it emerged in the jurisprudence of the CJEU. It presents an enriched conceptualization of recognition trust, inquires into the potential and risks of trust‐based judicial cooperation and sheds light on the interplay of trust, distrust and the law. In drawing policy conclusions from the theoretical discussion, it also points to a new normative dimension of trust asking whether trust could feature as a form of mutual recognition.     

Why are countries reluctant to exchange information on interest income? Participation in and effectiveness of the EU Savings Tax Directive

Since 1.7.2005 the EU Savings Tax Directive has ensured a minimum of taxation on foreign interest income by offering participating countries the opportunity either to apply a withholding tax or to exchange information on cross-border interest income. The aim of the paper is to examine why countries do not exchange information on interest income. The results suggest that the incentive to exchange information is weakened if the financial sector in a country is very profitable. A high profitability of the financial sector enables countries to maximize revenues from the corporation tax. A second reason for discouraging information exchange is related to the spillover effects on the domestic labor market. An inflow of financial capital is indirectly associated with the creation of employment and well-paid jobs. In its current form the savings tax directive enables individuals to avoid taxation, either by placing their income in non-participating countries or by investing in assets which are not part of the directive. Using German revenue data for 2005 and 2006 the paper shows that Germany receives significantly less revenue from countries applying a withholding tax. This result indirectly indicates that investors can take advantage of the directive's loopholes.     

Preventing suicide in prisons, part I. Recommendations from the International Association for Suicide Prevention Task Force on Suicide in Prisons

In 2000 the Department of Mental Health of the World Health Organization (WHO) published a guide named Preventing Suicide. A Resource for Prison Officers as part of the WHO worldwide initiative for the prevention of suicide. In 2007 there are new epidemiological data on prison suicide, a more detailed discussion of risk factors accounting for the generally higher rate of suicide in correctional settings in comparison to the general population, and several strategies for developing screening instruments. As a first step, this paper presents an update of the WHO guide by the Task Force on Suicide in Prisons, created by the International Association for Suicide Prevention. A second paper, by the same Task Force, will present some international comparisons of suicide prevention services in correctional facilities.     

Perceived Interparental Conflict and Early Adolescents’ Friendships: The Role of Attachment Security and Emotion Regulation

Although there is strong evidence for the effect of interparental conflict on adolescents' internalizing and externalizing problems, little is known about the effect on the quality of adolescents' relationships. The current study investigates the link between adolescents' friendships and interparental conflict as reported by both parents and adolescents. It considers early adolescents' emotion regulation ability and attachment security as mediators. The analysis is based on a longitudinal study with two waves separated by 12?months. The participants were 180 two-parent families and their adolescent children (50.5?% girls), the average age of the latter being 10.61?years (SD?=?0.41) at the outset (Time 1). Binomial logistic regression analysis revealed that perceived interparental conflict increased the risk of instability in friendship relationships across the 1-year period. Structural equation modeling analysis indicated that the association between perceived interparental conflict and friendship quality was mediated by emotion regulation and attachment security. The discussion focuses on mechanisms whereby interparental conflict influences early adolescents' friendship relationships.     

Informing Jurors of Their Nullification Power: A Route to a Just Verdict or Judicial Chaos?

The current studies sought to test whether explicitly informing jurors of their power to nullify the law does invite chaos, defined by jurists as undisciplined and biased juror judgment. A series of four studies examined juror biases predicated on defendant status, remorse, gender, national origin, penalty severity, and extenuating circumstances. None, however, were amplified by nullification instructions, providing little evidence that such instructions invite chaos with respect to the biases examined in these studies. To the contrary, several results suggested that nullification instructions simply encourage jurors to nullify when the strict application of the law would result in an unjust verdict. Limitations of the studies and public policy issues are discussed.     

Detection and quantification of the age-related point mutation A189G in the human mitochondrial DNA

Mutation analysis in the mitochondrial DNA (mtDNA) control region is widely used in population genetic studies as well as in forensic medicine. Among the difficulties linked to the mtDNA analysis, one can find the detection of heteroplasmy, which can be inherited or somatic. Recently, age-related point mutation A189G was described in mtDNA and shown to accumulate with age in muscles. We carried out the detection of this 189 heteroplasmic point mutation using three technologies: automated DNA sequencing, Southern blot hybridization using a digoxigenin-labeled oligonucleotide probe, and peptide nucleic acid (PNA)/real-time PCR combined method on different biological samples. Our results give additional information on the increase in mutation frequency with age in muscle tissue and revealed that the PNA/real-time PCR is a largely more sensitive method than DNA sequencing for heteroplasmy detection. These investigations could be of interest in the detection and interpretation of mtDNA heteroplasmy in anthropological and forensic studies.     

Deliberate self-harm and suicide attempt in custody: distinguishing features in male inmates' self-injurious behavior

Self-injurious behavior involving deliberate self-harm and suicide attempts by inmates while under custodial authority is a major problem for prisons and jails (prevalence, legal obligation for suicide prevention, and stress for officers). The differentiation of "serious" vs. "non-serious" and often manipulative suicide attempts as distinct phenomena, each with its own clinical features, is controversially discussed in current literature and a challenge for every diagnostician. If distinct clinical presentations and histories can be observed, an estimation of the seriousness of each act of self-injurious behavior can be simplified, whereby appropriate treatment of the individual case becomes possible. The aim of the study was to find differences between self-injurious behavior of "low seriousness" (i.e. low lethality and low suicidal intent) and of "high seriousness". Therefore, inmates showing self-injurious behavior were divided into subgroups of deliberate self-harm and suicide attempters on the basis of the act's intent and lethality. This was followed by a comparison of the clinical presentations of the individual inmates constituting the subgroups. Hence, 49 inmates showing self-injurious behavior were interviewed and tested with a variety of instruments (SCID-I and II, PCL-R, BDI-II, BHS, BSS, SIS, etc.), and their prison and health files were examined. The results indicate significant correlations between seriousness and some demographic, prison-related variables as well as different measures of depression. Negative, but nonsignificant correlations could be observed with regard to cluster B personality disorders. The PCL-R total score as well as PCL-R factor 1 showed a statistical trend for negative correlations with measures of seriousness. Inmates showing deliberate self-harm and suicide attempters seem to differ in a number of ways. Implications on how the individual prisoner should be treated are discussed.