Not guilty by reason of insanity: clinical and judicial profile of medium and high security patients in Belgium

Under Belgian law, offenders deemed to lack criminal responsibility because of insanity receive mandated treatment under the internment law. Population profiles of these forensic patients (‘internees’) are, however, very scarce. In this study, we analysed the demographic, clinical and judicial profile of a large sample of Belgian internees admitted to a secure setting. In addition, differences between internees admitted to a medium versus a high security setting were investigated. Belgian internees were characterised by a large number of personality disorders and a low number of first offenders. Comparative analyses showed substantial differences between the high and medium security settings, with a marked proportion of the forensic patients in high security having committed a sexual offence. Contrary to expectations, more predictors for length of stay were found in the medium security subsample, while admission periods were significantly longer in the high security subsample.     

Market freedoms and private interactions under EU law

China-EU Law Journal - The Court of Justice of the European Union has ascertained that free movement provisions as enshrined in European Union primary law entail not only mandatory rules...     

Los Congresos Estatales y la Política Federal en México: state legislatures and federal policymaking in Mexico

The Mexican Constitution, in the Poder Legislativo, grants state legislatures the authority to introduce legislation (iniciativas de ley) in the federal congress. In this paper the authors examine this powerful mechanism through which the Mexican state legislatures can directly influence policymaking at the federal level. Using a new data set of state-led initiatives, this work: describes the frequency with which iniciativas are introduced; describes the substance, timing, and final disposition of these state-led initiatives; and explains which factors affect the probability of presenting a state-led initiative. The authors find that party competition and partisan divisions at the state and federal levels play a significant role in the use of iniciativas de los congresos estatales. The authors’ study of this peculiar authority granted to the Mexican states contributes to the rich discussion of the changing role of the states in the era of Mexico’s nuevo federalismo.     

Age estimation by a dental method: a comparison of Lamendin's and Prince & Ubelaker's technique

Lamendin et al. (J Forensic Sci 1992;37:1373) developed a general technique to estimate age of adults at death using two dental features: periodontosis and translucency of the tooth root. Prince and Ubelaker (J Forensic Sci 2002;47:107) modified this method, creating a formula for each sex and for different ancestries, and obtained more precise age estimations. In the present study, the validity of each method was tested in 45 males and 34 females of Spanish Caucasian origin, and a novel formula, based on Prince and Ubelaker method, was specifically developed for a population of mixed racial origin (mestizo) from Colombia, and findings obtained were again compared with those yielded by Lamendin adult dental aging technique. The Prince and Ubelaker method proved more accurate than the Lamendin technique in the Spanish Caucasian population, and our Prince and Ubelaker-based formula was also more accurate than the Lamendin et al. In both populations, the Lamendin method showed a higher mean error in estimations of the age of youngest and oldest individuals. These findings confirm the need to create specific formulas for each human group in order to obtain more accurate age estimates.     

Process-based model in adolescence. Analyzing police legitimacy and juvenile delinquency within a legal socialization framework

The empirical evidence on the process-based model of self-regulation shows that procedural justice evaluations and the perceived legitimacy of authorities impact law-abiding behavior. However, few studies analyze this theory from the perspective of adolescent legal socialization. The present study aims to examine the process-based model and other socializing agents such as family, school and peers that may have an effect on it. The sample comprised 2041 youths residing in Spain, aged between 13 and 18 years. The data form part of the Third International Self-Report Delinquency Study (ISRD-3). Multiple linear regression analyses were conducted to predict police legitimacy and juvenile delinquency. The results reveal that police legitimacy perceptions are not only influenced by procedural justice, but also by parental monitoring, school attachment, and delinquent peers. Moreover, perceptions of police legitimacy, parental monitoring, and delinquent peers predict juvenile delinquency. These findings complement and add new explanatory factors to the process-based model.     

Opinion 1/15 of the Grand Chamber dated 26 July 2017 about the agreement on Passenger Name Record data between the EU and Canada

On 26 July 2017, the Grand Chamber of the European Court of Justice rendered its seminal Opinion 1/15 about the agreement on Passenger Name Record data between the EU and Canada. The Grand Chamber considered that the decision of the Council about the conclusion, on behalf of the Union, of the agreement between the EU and Canada about the transfer and processing of PNR data must be based jointly on Article 16(2) about the protection of personal data and Article 87(2)(a) about police co-operation among member states in criminal matters, but not on Article 82(1)(d) about judicial co-operation in criminal matters in the EU of the Treaty on the Functioning of the EU. The Grand Chamber also considered that the agreement is incompatible with Article 7 on the right to respect for private life, Article 8 on the right to the protection of personal data, Article 21 on non-discrimination and Article 52(1) on the principle of proportionality of the Charter of Fundamental Rights of the EU since it does not preclude the transfer, use and retention of sensitive data. In addition to the requirement to exclude such data, the Grand Chamber listed seven requirements that the agreement must include, specify, limit or guarantee to be compatible with the Charter.The opinion of the Grand Chamber has far-reaching implications for the agreement on PNR data between the EU and Canada. It has also far-reaching implications for international agreements on PNR data between the EU and other third states. Last, it has far-reaching implications for Directive 681 of 27 April 2016 on PNR data.     

Moving up versus moving out: Neighborhood effects in housing mobility programs

Abstract

This article suggests ways to better design, conduct, and interpret evaluations of the effects of housing mobility programs on participants, with emphasis on how to isolate neighborhood effects. It reviews earlier critiques of neighborhood effects research and discusses the key assumptions of housing mobility programs—about the benefits of affluent neighbors, the spatial organization of opportunity for the urban poor, and the meanings of “neighborhood” to residents, researchers, and policy makers.

Studying mobility contexts, especially in suburban areas, offers special challenges to researchers. More research is needed that looks at residents’ social ties and uses mixed‐methods approaches. Ethnographic data, in particular, would enhance the validity of the quantitative data that now dominate studies of neighborhood effects. Adding substantially to what we know about the processes or mechanisms—the “how” of neighborhood effects—mixed‐methods approaches would also make research much more useful to policy makers and program managers.     

Exploring the limits of institutional change: The direct election of mayors in Western Europe

The process of local institutional reform that different Western European countries underwent starting in the 1990s converged towards the direct election of mayors in Italy, England, Austria and Germany. Using a comparative analysis of those countries and including in it Belgium and the Netherlands (where the introduction of directly elected mayors is planned) and Greece and Portugal (with a long tradition of it), the article examines why countries with such different municipal traditions have tended towards the same institutional solution. The answer runs through the text implicitly: the institutional tradition of each country appears to have a greater capacity for explaining the outcome of the reform rather than isomorphism in the introduction of the direct election of mayors.     

Technological diversity,scientific excellence and the location of inventive activities abroad: the case of nanotechnology

Our contribution to the expanding literature on the globalization of research and innovation is to investigate the extent to which sector-specific developments in an emerging technology (such as increasing interdisciplinarity and complexity) affect inventive activities developed abroad. We look at how technological diversity and scientific excellence of host countries in the field of nanotechnology affect the development of inventive activities by US multinational companies (MNCs). We identify the most active US-based MNCs in nanotechnology-related patenting and examine location decisions of these companies and their international subsidiaries. Econometric results confirm our hypothesis that the technological breadth of host countries positively influences the expected number of inventions developed abroad by US MNCs. Science capabilities of countries also have a positive impact on the decision to invent abroad, while the influence of market specific factors is less clear. We interpret these results as suggesting that host country science capabilities are important to attract innovative activities by MNCs, but as the interdisciplinary and convergent nature of nanotechnology evolves, access to a broadly diversified knowledge base becomes important in increasing the relative attractiveness of host locations.