The Cybercrime Convention Committee's 2017 Guidance Note on Production Orders: Unilateralist transborder access to electronic evidence promoted via soft law

This article provides a critical analysis of the Council of Europe Cybercrime Convention Committee's Guidance Note of Production Orders, published on 1 March 2017. The article looks at the legal controversies surrounding production orders with a cross-border element. It explains the Guidance Note's background and origins, the basic provisions in the Cybercrime Convention allowing the law enforcement authorities to order and obtain certain information and discusses the requirements that follow from the relevant provisions of the Convention. This analysis is complemented by four critical remarks on the way the Guidance Note pushes the boundaries of acceptable treaty interpretation on the necessity of the Guidance Note, its position in regard to extraterritorial enforcement jurisdiction and sovereignty, its reticence towards fundamental rights and its refusal to define or clarify the important notion of “subscriber information”. The article argues that unilateralism is not a solution. Instead of soft law plumbing, what is needed is an agreement between sovereign states checked by their constituencies.     

A comparison of data protection legislation and policies across the EU

Although the protection of personal data is harmonized within the EU by Directive 95/46/EC and will be further harmonized by the General Data Protection Regulation (GDPR) in 2018, there are significant differences in the ways in which EU member states implemented the protection of privacy and personal data in national laws, policies, and practices. This paper presents the main findings of a research project that compares the protection of privacy and personal data in eight EU member states: France, Germany, the UK, Ireland, Romania, Italy, Sweden, and the Netherlands. The comparison focuses on five major themes: awareness and trust, government policies for personal data protection, the applicable laws and regulations, implementation of those laws and regulations, and supervision and enforcement.The comparison of privacy and data protection regimes across the EU shows some remarkable findings, revealing which countries are frontrunners and which countries are lagging behind on specific aspects. For instance, the roles of and interplay between governments, civil rights organizations, and data protections authorities vary from country to country. Furthermore, with regard to privacy and data protection there are differences in the intensity and scope of political debates, information campaigns, media attention, and public debate. New concepts like privacy impact assessments, privacy by design, data breach notifications and big data are on the agenda in some but not in all countries. Significant differences exist in (the levels of) enforcement by the different data protection authorities, due to different legal competencies, available budgets and personnel, policies, and cultural factors.     

Government regulations and FDI: a historical perspective of mexico

This article analyzes the development of foreign investment regulations and their impact on FDI flows in Mexico. The study covers the evolution of sectoral and aggregate investment patterns from the independence period to the 1994 Peso crisis and its aftermath. The pattern followed by FDI in Mexico has paralleled the transformation of the Mexican economy itself, focusing initially on the extractive and agricultural sectors, then on manufacturing activities, and recently on the services sector. Mexico has continuously reformed and modernized its regulatory system in order to adapt to internal political changes and changes in the world economic environment. Recent economic reforms and liberalization of FDI regulations have had a major positive impact on capital inflows, but more needs to be done, especially in the area of financial services in order to achieve a higher level of economic efficiency and to prevent financial breakdowns like the one experienced in 1994.     

Interviewing women bereaved by homicide: assessing the impact of trauma-focused research

Abstract

The use of swearwords has hardly been investigated scientifically. Virtually nothing is known about the efficacy of swearing. The present studies set out to investigate whether the inclusion of swearwords in a testimony increases the believability of that statement. In study 1, respondents were simply asked whether they believed that using swearwords is a sign of credibility, a sign of deceit, or neither. In the second and third study, participants had to read fictitious testimonies of a suspect and a victim, respectively. Participants were exposed to testimonies with or without swearwords. The results suggested that people self-reported to find swearwords a sign of deceit (study 1), but when actually confronted with a statement, the opposite turned out to be the case (studies 2 and 3). That is, testimonies containing swearwords were perceived as more credible than swearword-free testimonies. Hence it is concluded that swearing increases believability of statements.     

Gender differences in violent offending: results from a multicentre comparison study in Dutch forensic psychiatry

ABSTRACT

The past two decades, a disproportionate growth of females entering the criminal justice system and forensic mental health services has been observed worldwide. However, there is a lack of knowledge on the background of women who are convicted for violent offenses. What is their criminal history, what are their motives for offending and in which way do they differ from men convicted for violent offenses? In this study, criminal histories and the offenses for which they were admitted to forensic care were analyzed of 218 women and 218 men who have been treated between 1984 and 2014 with a mandatory treatment order in one of four Dutch forensic psychiatric settings admitting both men and women. It is concluded that there are important differences in violent offending between male and female patients. Most importantly, female violence was more often directed towards their close environment, like their children, and driven by relational frustration. Furthermore, female patients received lower punishments compared to male patients and were more often considered to be diminished accountable for their offenses due to a mental illness.     

Understanding of forensic expert reports by judges,defense lawyers and forensic professionals

Forensic scientists strongly advocate the use of likelihood ratios for expressing the diagnostic value of evidence in technical forensic reports. They call this the logically correct approach. The correct comprehension of such likelihood ratios by jurists, however, appears to be particularly problematic. The present research has empirically investigated this issue for defense lawyers and criminal judges. For comparative purposes forensic professionals, many of whom use the logically correct approach, were included in the study as well.

Using fictitious forensic reports, it was shown that proper understanding of likelihood ratios by jurists is quite poor, due mainly, but not exclusively, to the prosecutor's fallacy. Forensic professionals outperformed jurists to a large extent but made many mistakes themselves. It is further shown that participants’ self-expressed supposed level of understanding of logically correct conclusions is quite high and thus not justified by their levels of proper understanding. Suggestions for how to improve the situation are presented.     

Continuity and change over the generations

In the German-speaking scientific community, empirically oriented family sociologists are often interested exclusively in current family situations. Only rarely is there in-depth consideration of the continued influence of familial and socio-historical contexts on individual life histories. While giving due regard to the effect of cataclysmic events and disruptions along with long-term and gradually changing patterns, this article seeks to develop a historical context that permits distinct levels of time to be identified, supporting further empirical work in family research. The closely interwoven fabric of individual and family histories is examined through the analysis of family histories and dynamics from the perspective of biographical narrators over a time span that transcends a single lifetime. The life stories of three East German women—grandmother (age 77), mother (age 49), and daughter (age 28)—give profound insights into the realities of socialism, women's professional careers, the contradictions of daily life, the upheavals attendant on the collapse of communism, and the challenges involved in the transition from socialism to capitalism.     

Effects of Rock and Water: an intervention to prevent sexual aggression

Abstract

Sexual aggression among adolescents is a common problem which is related to lack of aggression regulation, positive or permissive attitudes towards sexual coercion, group pressure and inadequate communicative skills. Rock and Water is a psycho-physical intervention which addresses these issues. We conducted a quasi-experimental trial of Rock and Water in the Netherlands. In total, 521 boys aged 14–17 from nine pre-vocational education schools were included. The primary outcome variable was sexual aggression. Secondary outcomes were sexual interaction competence, self-regulation, attitudes towards dating violence, self-efficacy and self-esteem. Data were collected prior to the intervention, immediately after the intervention and five months after termination of the intervention. Boys reported a significant reduction in coercive strategies and particularly verbal manipulation (OR = .48). At follow-up, the boys reported a significant improvement in self-regulation and general self-efficacy (β = ?.11, p < .05 and β = 1.02, p <.05, respectively). Rock and Water was effective in decreasing verbal manipulation and improving self-regulation and general self-efficacy.     

Network strategies of nineteenth century Hesse-Cassel emigrants

Between 1820 and 1930 over 5 million Germans emigrated to overseas destinations, most to the U.S. By the 1850s the number of German migrants living in the U.S. was large, a consequence partly of cumulative causation. I provide evidence for the dramatic increase in networks by using micro-level data for the German principality of Hesse-Cassel in the mid-nineteenth century. A conservative measurement of network relationships finds that after 25 years almost half of them were related to a previous family member from the same village. Migrants who used family networks tended to move in small units. Usually only a few years separated networked family members, but some links lasted over a decade. Women were unlikely to start a network but more likely than men to travel to the U.S. Within some families, migrants switched from continental destinations to the U.S., perhaps due to the failure of the 1848 March Revolution.     

Societal openness during the urban crisis. Partner selection in the 19th-century Belgian textile cities Ghent and Verviers

This paper examines the partner selection of the lower classes during an urban crisis period in early industrial Belgian cities. It was found that in this period characterized by an economic transition, overpopulation, migration and a low standard of living, social heterogamy was high, whereas social homogamy increased, or was ‘restored’, in the subsequent period. The urban crisis effect on partner selection contradicts the claims of modernization theory that there was a gradual increase in societal openness and that societal openness was typically modern, but it fits the idea of the informalization of marriage, a process marked by an increase in unmarried cohabitation and illegitimacy.