Volksanwaltschaft und Gerichtsbarkeit

Mit der Bundesverfassungsgesetznovelle BGBl I 2008/2 wurden der Volksanwaltschaft Kompetenzen bei Beschwerden von BürgerInnen über überlange Gerichtsverfahren eingeräumt. Ausgehend von einer Darstellung der Entstehungsgeschichte dieser Novelle beabsichtigt dieser Beitrag die neuen Kompetenzen der Volksanwaltschaft aus verfassungsrechtlicher Sicht, insbesondere im Lichte von Gewaltenteilung und Gewaltenkontrolle, zu analysieren.     

Resource loss and naturalistic reduction of PTSD among inner-city women

Halting the process of psychosocial and material resource loss has been theorized as being associated with the reduction of posttraumatic stress disorder (PTSD). This study examines how the limiting of resource loss is related to alleviation of PTSD symptoms among 102 inner-city women, who originally met diagnostic criteria for PTSD after experiencing interpersonal traumatic events such as child abuse, rape, and sexual assault. Participants whose PTSD symptoms improve and become nondiagnostic for PTSD are compared with those who remain diagnostic. The two groups are not significantly different at pretest. However, at the 6-month time point, those who become nondiagnostic for PTSD report less resources loss in three of four domains. This pattern suggests that as PTSD symptoms decrease, women's material and psychosocial resource loss diminishes, which in turn, may aid their recovery process.     

Mental disorder is a cause of crime: The cornerstone of forensic psychiatry

The assumption that mental disorder is a cause of crime is the foundation of forensic psychiatry, but conceptual, epistemological, and empirical analyses show that neither mental nor crime, or the causation implied, are clear-cut concepts. “Mental” denotes heterogeneous aspects of a person such as inner experiences, cognitive abilities, and behaviour patterns described in a non-physical vocabulary. In psychology and psychiatry, mental describes law-bound, caused aspects of human functioning that are predictable and generalizable. Problems defined as mental disorders are end-points of dimensional inter-individual differences rather than natural categories. Deficits in cognitive faculties, such as attention, verbal understanding, impulse control, and reality assessment, may be susceptibility factors that relate to behaviours (such as crimes) by increasing the probability (risk) for a negative behaviour or constitute causes in the sense of INUS conditions (Insufficient but Non-redundant parts of Unnecessary but Sufficient conditions). Attributing causes to complex behaviours such as crimes is not an unbiased process, and mental disorders will attract disproportionate attention when it comes to explanations of behaviours that we wish to distance ourselves from. Only by rigorous interpretation of what psychiatry actually can inform us about, using empirical analyses of quantified aggressive antisocial behaviours and their possible explanatory factors, can we gain a clearer notion of the relationship between mental disorder and crime.     

Training Police Investigators to Interview to Detect False Intentions

This study is the first to investigate police investigators’ adherence to, and the effectiveness of, a training program for detecting true and false intentions. Experienced police investigators (N = 53) were either trained or not trained in how to interview to discriminate between true and false intentions. All investigators interviewed mock suspects (N = 53), of which half lied and half told truth about their intentions. Both subjective and objective measures showed that the trained investigators interviewed in line with the training received. That is, a large proportion asked about the planning of the stated intentions. Noteworthy, none of untrained investigators reported to have posed such questions for strategic purposes. The trained investigators reached a higher detection accuracy level (65 %) than their untrained colleagues (55 %), however not significantly. Given that the investigators adhered to the training, this training package is a viable starting point for developing more effective training programs.     

Does Direct Democracy Reduce Public Debt Evidence from Swiss Municipalities

Although some countries have managed toobtain balanced budgets or even budgetsurpluses in recent times, public debts ofmany OECD countries remain at high levels.Since structural reforms of public spendinghave only infrequently taken place in mostcountries, fiscal pressure will increaseagain in the future due to society's ageingand the accompanying increases in socialtransfer spending. Constitutionalrestrictions on debt levels and legal rulesof the budgetary process, such as a strongrole of the minister of finance, aresupposed to be helping against the debtbias inherent in political decision-makingprocedures. In addition to such top downbudgetary procedures, this paperinvestigates the impact of referendumapproval of budget deficits by the voterson the level of public debt in a crosssection of the 134 largest Swissmunicipalities in 1990.     

Always More Than Two: Vibrations,the Foetus,and the Pregnant Person in Childbirth Singing Practices

The goal of this article is to expand the theoretical approaches in feminist research that have explored the relationship between the pregnant person and the foetus in terms of constitutive relationality. I examine new ways of understanding and conceptualizing such a relationship, which may be enabled by the concept of vibration, by focusing on a childbirth-singing method developed and taught by Finnish music educator Hilkka-Liisa Vuori. This article is based on ethnographic fieldwork; I participated in a course on childbirth singing taught by Vuori and interviewed women who had used singing and vocalizing during pregnancy and labour. With the help of new feminist materialisms and feminisms inspired by Gilles Deleuze and Felix Guattari’s thinking, I suggest that sound and music as vibrations are agential matter that allow us to rethink the dyad between the pregnant person and the foetus. I argue that when the foetus–pregnant person dyad is approached as a constitutive relationality, more than two bodies are always involved.     

Gender Quotas for Corporate Boards: Depoliticizing Gender and the Economy

Gender quotas for corporate boards can be seen as a way of drawing attention to gendered power within the economy as well as a way to democratize the economy, yet the debate about them has focused on the economic and business benefits of gender equality rather than on gender justice or democracy. This article examines how women’s under-representation in economic decision-making was constituted as an economic problem in the European Union’s gender-equality policies and how the economization of the debate on gender quotas for corporate boards affects understandings of gender equality and the economy. The article contributes to research on gender and neoliberalism through developing an approach for analysing the depoliticizing effects of economized gender-equality discourses. It argues that the depoliticized understandings of gender and the economy put forward in the debate water down the politicizing potential of the proposed EU gender-balance directive and that the debate about gender quotas has enhanced the neoliberalization and corporatization of EU gender-equality discourse.     

The Dynamics of Enlargement in International Organizations

Most international organizations (IOs) expand their membership over the course of their lifespan. Although these enlargements tend to be heralded as normatively positive — for the IOs themselves, for the new members, and for cooperative outcomes more generally — expansions can also lead to conflicts in the organization. What conditions lead to enlargement rounds that reshape an organization in unexpected ways? We argue that, depending upon the diversity of the initial group of countries, members may vote to admit new entrants that can tilt organizational decision-making in unexpected directions. We anticipate fewer enlargements with lesser impact on the character of the organization among organizations that have either a smaller range of founding members or a relatively even initial dispersion. We develop an agent-based model that accounts for the complex decision-making environment and social dynamics that typify IO accession processes. The model helps us explain how the nature of decision-making in organizations can shift following enlargement, likely changing the organization’s output and goals.     

The dark side of the German ‘welcome culture’: investigating the causes behind attacks on refugees in 2015

In 2015, Germany experienced a record high influx of refugees – and received international praise for its ‘welcome culture’. At the same time, however, attacks on refugees rose to an alarming level. This article describes the distribution of these attacks and probes their causes, using detailed socioeconomic and political data while modelling a hierarchical data structure. Controlling for further relevant factors taken from the extant literature, the analysis first tests whether the strength of extreme right political parties plays a role and, second, it models a contagion effect, taking into account spatial as well as temporal proximity. The findings suggest that the strength of right-wing parties in a district considerably boosts the probability of attacks on refugees in that area. They also corroborate the idea of behavioural contagion. The set of social-structural variables employed as controls yielded only limited explanatory power.     

One Strike to Second Chances: Using Criminal Backgrounds in Admission Decisions for Assisted Housing

The U.S. Department of Housing and Urban Development (HUD) has changed its position toward housing individuals with criminal records from strict one-strike policies in the 1980s to providing second chances to returning citizens. Many public housing authorities have not updated their admission policies for using criminal backgrounds and still adhere to the one-strike philosophy. In response to new guidance from HUD, housing agencies are trying to find a balance between screening practices to identify demonstrable risk but avoid discrimination and violation of the Fair Housing Act. This research examines several questions critical to assisting housing providers to address the new guidance from HUD. Findings provide direction for housing providers on understanding recidivism risk rates, using useful lookback periods, considering risk and harm across crime types, and verifying rehabilitation and other evidence to design informed policies and procedures for using criminal records in admission decisions for assisted housing.