Volume 90 Issue 5  (October) 2007


Content

Zum Tod von Anne-Eva Brauneck
[In Memory of Anne-Eva Brauneck]

pp. 351-359

Articles

Tathergangsanalyse in der forensischen Praxis?
Die Beziehung zwischen Täterverhalten und Persönlichkeit bei Gewalt- und Sexualstraftätern
[Crime Scene Analysis in Forensic Practice?
The relationship between offender behavior and personality in violent and sexual delinquents]

Summary
Up until now aspects of crime scene analysis and their relationship to the personality of the offender have mainly been analyzed through the work of police under the term »case analysis«. In the mean time, aspects of crime have also started to play an increasingly important role in the fields of forensic psychology and psychiatry, for example, the assessment of responsibility, legal prognosis and issues of forensic psychotherapy. This article summarizes two clinical studies investigating the relationship between crime scene variables (planning, contact, offender-victim-relationship, victim choice) and personality traits (FPI, SPM, NEO-FFI, HPI, SKID-II, PCL-SV). Within the first study 31 forensic files were examined, whereas in the second one, 54 violent (and sexual) imprisoned offenders were investigated. Although the results differed somewhat in relation to offence planning, a high level of planning still seems to be associated with psychopathic traits. Moreover, there were various connections between the other variables (contact, offender-victim-relationship, victim choice) and personality traits. These results are critically discussed with regard to their practicability and limitations in forensic psychotherapy, criminal prognosis and assessment of responsibility.

Keywords: Crime scene analysis, personality, offender behaviour, offender treatment, risk assessment, violent and sexual delinquents

pp. 360-373

* * *

Zur Rechtstatsächlichkeit des Straftatbestandes Menschenhandel
Empirische Beobachtungen zu einer effektiven Strafverfolgung
[Human Trafficking - Elements of the Offence
Empirical observations concerning effective prosecution]

by Eric Minthe

Summary
In 1992, the German law concerning the prosecution of human trafficking was changed by the 26th Strafrechtsänderungsgesetz (until 2005 StGB, paragraphs 180b, 181). Critics considered the modifications to be unclear and difficult. This article presents some of the results of a research project which, at the behest of the German Federal Ministry of the Interior, was carried out by the Centre for Criminology in Wiesbaden and the Max Planck Institute for Foreign and International Criminal Law in Freiburg to analyse the decreasing number of lawsuits in this area. The centrepiece of the investigation concerned changes to prosecution procedure. This was carried out through the use of file analysis. It had often been alleged that the charge of human trafficking was dropped during the primary phase of the trial. This was understood as providing an indication of informal, behind the scenes, bargaining. The rate at which the regulations are applied, as well as their success, was therefore analysed. With regard to success, it was found that StGB paragraph 180 b subsection 2, number 2 should be utilised in prosecuting human trafficking to ensure that more than a »deal« is achieved. That said, the potential for sanctions to be handed down is nevertheless high, with custodial sentences and youth custodies being imposed in a surprisingly often fashion.

Keywords: Human trafficking, sanctions, appliance of law, file analysis

pp. 374-387

* * *

Kriminalpolitische Positionen als Indikator für den Zustand der Politischen Kultur - am Beispiel der Weimarer Republik
[Criminal-policy positions as indicator for the condition of the political culture, at the example of the Weimar republic]

Summary
Even though the demand for interdisciplinary research has belonged to the standard repertoire of college-political speeches for many years, the everyday-scientific practice is often quite sobering. On the basis of an example from criminal law-history from the time of the Weimar republic this essay shows the chances lying in a cooperation and mutual reception of jurisprudence and science of history. The criminal-political and parliamentary history of the criminal law-reform in the years after World War I both shows the historical character of the criminal law as well as its indicator-function for the historical change. The positions of the political parties largely corresponded to the »schools« of the jurisprudence – »left« can be distinguished from »right« criminal-politics, conservative from liberal. The central idea of the essay is that the history of criminal law can serve as a mirror for the condition of the political culture of an era, and that a political change can be perceived from the changes in the criminal-political debate just like a sensitive seismograph would show a minor tremor of the earth.

Keywords: Criminal policy, criminal law reform, political culture, criminal law history

pp. 388-408

* * *

Reihenfolgeeffekte bei Fragen zum Sanktionsverlangen: Macht es in Umfragen einen Unterschied, welche Strafe an welcher Stelle der Antwortvorgaben genannt wird?
[The effect of the order of response categories when questioning the imposition of sanctions: does it make a difference in surveys where a sanction is placed in the list of response categories?]

Summary
This article investigates the effects that occur in surveys when the response categories concerning the imposition of sanctions are placed in a differing order. The empirical basis of the investigation relies upon split-ballot experiments carried out through face-to-face interviews and mail surveys. In contrast to an earlier study (Kury 1995) no effect is shown to exist in the present investigation. It is suggested that the previous study demonstrated a degree of effect because the response categories were too vague.

Keywords: Effects of response categories in surveys, face-to-face interviews, mail surveys, imposition of sanctions

pp. 409-417

* * *

Delinquenzverläufe im Jugendalter
Eine methodologische Analyse zur Auswirkung von fehlenden Werten im Längsschnitt
[Adolescent Delinquency Courses
A methodological analysis on the effects of missing longitudinal data]

Summary
Conclusions concerning the development of delinquent behaviour over the life-course can only be achieved with longitudinal data. Such data is regularly gained through the process of repeatedly interviewing the same respondent. As shown with data from a four-wave classroom penal, missing data, for example due to interview refusals, is a problem for the analysis of delinquent behaviour during the life-course. If only those adolescents with a complete panel data set are analyzed, a systematic bias occurs, which in turn brings about consequences with respect to the amount of observed delinquency. An alternative strategy to cope with missing data (multiple imputation) is proposed in this article. This allows for the complete consideration of individual information (including the data of adolescents even when some of that data is missing) for the unbiased estimation of the development of delinquency. It is shown that delinquency is systematically underestimated with the list-wise deletion of missing data which results in false conclusions about gender and school specific differences of the age-crime relationship.

Keywords: Self-reported delinquency, development of delinquency, age-crime relationship, longitudinal analysis, multiple imputation, growth curve models

pp. 418-437

Coming Events

Interdisziplinäre Stalkingkonferenz
vom 4.-5.12.2007 in Frankfurt/M.

p. 438

Zukunftswerkstatt Maßregelvollzug
23. Eickelborner Fachtagung zu Fragen der Forensischen Psychiatrie vom 5.-7.3.2007 in Lippstadt

p. 438

Book Reviews

Praxis, Forschung, Kooperation - Gegenwärtige Tendenzen in der Kriminologie
Sammelband zu der Tagung »Im Gespräch. Zur Aktualität der Kriminologie«
Verlag für Polizeiwissenschaften, Frankfurt a.M. 2006, 268 Seiten, € 24,90

pp. 439-442