The Prosecution Role where Courts Decide Cases

This article explores the role played by prosecutors during the court stage of criminal proceedings. It complements Peter et al.’s chapter on negotiated case settlements in showing how the power to decide cases is divided between judges and prosecutors when cases are taken to court. Providing information as to, e.g. what influence prosecutors in the 11 study countries have on what evidence is brought to court in “normal” and accelerated court proceedings, this chapter explores the balance of responsibilities in court rooms across Europe.     

Crime Trends in the EU

The paper’s aim is to show to EU policy makers, academics, journalists and the general public what the available information tells us about crime levels, trends in crime and public opinion about crime among Member States. The paper centres on an analysis of current trends on crime levels and trends based on the data available both from victimisation surveys and police statistics. The victimisation survey source is the published data collected in the International Crime Victimisation Survey. A separate analysis based on the Eurobarometer was also carried out. Data on police statistics present two separate sources i.e. the Council of Europe Sourcebook and the crime data published annually by the UK Home Office. These two sources both add considerable value to the raw police statistics by their choice of data, their commentary and their technical explanations and definitions. The paper compares data on three crime types (robbery, domestic burglary and theft of a motor vehicle) across the 15 Member States of the European Union (as in 2003). These three types were selected in line with the priorities of the EU Commission and as types of crime that are a major concern for EU-citizens. The paper has been modified from a report produced by the European Crime prevention network for the EU Directorate of Justice and Home Affairs with the permission of the EU. The members of the network are listed in the appendix.     

Gender and cultural patterns of suicidal behavior: young Hindustani immigrant women in the Netherlands

Patterns of suicidal behavior vary among cultures and along gender. Young Hindustani immigrant women attempt suicide four times more often than young Dutch women. This article explores multi-disciplinary explanations for suicidal behavior in this group. The interconnection of Durkheimian concepts of social integration and regulation with ecological insights into family relations and psychological and psychiatric theories on individual distress are relevant. It is suggested that young Hindustani women who display suicidal behavior possess certain personality and cognitive constellations that are interlocked with specific parenting styles in stressful family environments. These families are embedded in a context of moral transformations resulting from migration to a Western culture and may be facing difficulties accompanying the transitional processes encountered in the West, particularly those regarding gender roles. Durkheimian fatalistic and anomic suicides elucidate this. The Hindustani women who appear most at risk are those facing contradictory norms and overregulation, which prevent them from developing autonomy.     

Review essay / institutional roles and moral autonomy

Elizabeth Wolgast, Ethics of an Artificial Person: Lost Responsibility in Professions and Organizations Stanford, CA: Stanford University Press, 1992, 161 pp.     

The Criminal Justice Approach: Case Examples

The article presents a special form of a European comparative synopsis. For this case examples have been chosen ranging from administrative or minor (criminal) offences to increasingly serious offences and offenders. In this way it can be comparatively demonstrated how the criminal justice systems studied handle specific cases and whether they do so in a similar or different way.     

Imagining society: constructivism and the English School

This article critically examines the current relationship between constructivism and the English School. Scholars in each school have worked largely with stereotypes of the other, and this has greatly impeded productive dialogue and cross–fertilization. A more fruitful strategy is to treat both schools as bounded fields of debate, as rich and diverse realms of internally contested thought. Constructivism is characterized by three key axes of debate: between sociological institutionalists, Habermasian communicative action theorists, and Foucauldian genealogists; between unit–level, systemic, and holistic theorists; and between interpretivists and positivists. The English School is also divided between pluralists and solidarists, between those who identify the school with international society theory and those who see it as inherently multifaceted, and between those who emphasize interpretive or eclectic methodologies. Opening up each approach in this way enables us to identify new, more fruitful axes of dialogue between the two perspectives.     

A Policy Delphi study in the socialist Middle East

The Delphi Method has been applied to a wide variety of predictive and consensus building problems in the West. It has achieved mixed success in its ‘native’ environment. This paper reports on the successful use of the Delphi by an interdisciplinary, international team of English-speaking consultants in an Arabic-speaking country, politically dominated by a centralist regime. In the sixth year of the Iran-Iraq war, a group of international consultants proceeded with the development of a master plan for the development of the City of Baghdad, the Greater Baghdad Area and Central Iraq. Work on the plan had begun in 1982 but had been slowed by the war and its effect on the Iraqi economy, a lack of consensus on the part of the Iraqi government and a substantial degree of uncertainty in the government's confidence in the consulting team's perceptions. An accelerated form of the Delphi was structured and applied over a period of three weeks, employing high ranking members of the Iraqi technocracy. The results indicated a good degree of consensus on a number of material issues. The consultants obtained a clearer picture of the client's desires, and the client was left with greater confidence in the consultant's perceptions of the planning problems and solutions. There was a notable reduction in the level of uncertainty and disagreement among both Iraqi and expatriate members of the planning team. Finally, there was an increased acceptance of the resulting master plan due to the demonstrable participation of senior government officials in its formulation and the credibility they attached to the process of the Delphi. At the time of writing, the plan has been accepted by the government of Iraq.     

The Examining Magistrate’s Function and Involvement in Investigative Matters

This article gives a brief overview of the division of roles during the investigative stage between Court, Public Prosecution Service (PPS) and Police. It explains the role either an Examining Magistrate or an Investigative Judge plays in Croatia, France, Germany, the Netherlands and Spain, presenting his/her functions and involvement in criminal investigation and especially focussing on which actions require his/her approval.