Europarechtlicher Artenschutz, Vorhabenszulassung und Bauleitplanung

Das Artenschutzrecht war lange Zeit ein wenig beachteter Teilbereich des Naturschutzrechtes, ein Thema für Spezialisten, die sich mit komplizierten Detailfragen von Cites-Bescheinigungen, Besitz- und Handelsregelungen und illegalen Naturentnahmen von Schildkr?ten, Greifv?geln und Orchideen zu befassen hatten – dem „Zugriffs-“ oder „Vollzugsartenschutz“. In diesen Bereichen müssen die rechtlichen Regelungen wie auch das beh?rdliche Handeln zwangsl?ufig auf das einzelne Exemplar, das einzelne zu schützende Objekt abstellen.     

Sequential Lineup Laps and Eyewitness Accuracy

Police practice of double-blind sequential lineups prompts a question about the efficacy of repeated viewings (laps) of the sequential lineup. Two laboratory experiments confirmed the presence of a sequential lap effect: an increase in witness lineup picks from first to second lap, when the culprit was a stranger. The second lap produced more errors than correct identifications. In Experiment 2, lineup diagnosticity was significantly higher for sequential lineup procedures that employed a single versus double laps. Witnesses who elected to view a second lap made significantly more errors than witnesses who chose to stop after one lap or those who were required to view two laps. Witnesses with prior exposure to the culprit did not exhibit a sequential lap effect.     

UVP-(Vorprüfungs)pflichtigkeit bergrechtlich zuzulassender Flutungen von Grubenbauen und der Aufhebungsanspruch nach § 4 Abs. 1 UmwRG

Ohne Zusammenfassung     

On the Road to the Rule of Law: Crime, Crime Control, and Public Opinion in China

Since 1978, the Chinese reform policy has brought fast economic developments and social change but also considerably higher crime levels. China’s rapid modernization has resulted in a situation of increased opportunities and Durkheimian anomie. The Chinese government responds to the worsening crime situation with punitive criminal sanctions, especially under the ‘strike hard’ policy. However, a punitive crime control ideology and repressive criminal norms are neither effective in stopping the crime wave nor in compliance with the aim to establish the rule of law. After examining the negative effects the strike hard policy has brought to the Chinese criminal justice, we present findings from a recent web survey among Chinese students in Germany (N=ca. 900). We use these data to explore the punitive attitudes, esp. towards the death penalty, among the Chinese young elite.     

Criminal recidivism in sexual homicide perpetrators

Forensic psychiatric reports on 166 sexual homicide perpetrators in Germany were retrospectively analyzed for criminal risk factors. Follow-up information about release and reconvictions from federal criminal records was available for 139 offenders; 90 (64.7%) had been released. The estimated recidivism rate (Kaplan-Meier analyses) for 20 years at risk was 23.1% for sexual and 18.3% for nonsexual violent reoffences. Three men (3.3%) were reconvicted for attempted or completed homicide. Only young age at the time of sexual homicide resulted in higher sexual recidivism, whereas increased nonsexual violent recidivism was related to previous sexual and nonsexual delinquency, psychopathic symptoms, and higher scores in risk assessment instruments. Increased recidivism with any violent reoffence was associated with age-related factors: young age at first sexual offence, at homicide, and at release and duration of detention. The impacts of the results for risk assessment, relapse prevention, and supervision are discussed.     

Besprechungen

Ohne Zusammenfassung     

Comparing Legal Professions Cross-nationally: From a Professions-centered to a State-centered Approach

Legal occupations vary dramatically from country to country—in scope of activity, education, organization, and institutional setting. This essay proposes to study legal occupations focusing on their relations to the state rather than on their character as "professions." It builds on the recent renaissance of state-centered approaches in the social sciences. A review of the diversity of law work and legal occupations in different countries leads to state-centered conceptualizations that identify institutionally comparable features of law work. A sketch of the European historical background of modern legal professions yields theoretical principles that can inform the proposed approach. Variations in the role of the state and in the relation of lawyers to the state apparatus are then shown to be related to differences between national legal professions. Even where the law is primarily seen as a profession, the character of law work is better understood when related to the state.