• Anti social behaviour, community and radical moral communitarianism

      Hopkins-Burke, Roger; Hodgson, Philip; Nottingham Trent University (2015-04-13)
      This article offers an insight into the lives of individuals who are repeat victims of antisocial behaviour (ASB). Drawing on data derived from 15 case studies, the authors demonstrate the plight that such victims endure on a daily basis. The research reveals that a number of victims feel abandoned by their communities and the authorities and, how for many, there is an overwhelming sense of being “trapped” within their own homes. The article also offers evidence to support previous claims that police crime data only captures a small proportion of the actual number of incidents of ASB that occur. We conclude by proposing an emphasis on individual and community responsibility and suggest that by adopting a radical moral communitarian approach ASB could be reduced as part of rebuilding communities.
    • A cosmopolitan ethos within a global Law curriculum: comparative law as its promoter

      Platsas, Antonios E.; University of Derby (CGPublisher, 2009)
      In this paper the author will commence his analysis by exposing the apparent absence of a global law curriculum for law students. He will attempt to highlight the fact that lawyers around the world tend to engage themselves with national law material, when our world environment asks for a legal education of a more ecumenical character. Accordingly, the paper acts on the assumption that national law curricula tend to operate on the basis of predisposed agendas. Therefore, we, in the discipline of law, find ourselves in a clearly paradoxical situation, a situation which conflicts not only the epistemological unity of other disciplines but also the very process of globalisation. As the leading law comparatists Zweigert and Kötz have argued some time ago ‘[t]here is no such thing as “German” physics or “British” microbiology or “Canadian” geology’. But we in the discipline of law find ourselves teaching national law curricula which are the by-product of nationalisms and historical accidents. It is believed that there has to be re-alignment of the law curriculum by re-enforcing the international and comparative law elements and by reducing the national law elements thereof. In other words, we must push for a law curriculum which truly reflects a global studies state of affairs, a global law curriculum. We need to re-address the matter by promoting a law curriculum which will promote a more cosmopolitan legal ethos, a better understanding of universal truths such as legal axioms, principles and ideas which are appealing and comprehensible to legal scientists from all over the world. The analysis will conclude that the subject of comparative law acts as the driving force for a more internationalised legal education and that such a type of education is something that has to be sought in the modern academic world.
    • Course notes: Criminal Law

      Cherkassky, Lisa; University of Bradford (Routledge, 2012)
      Course Notes is designed to help you succeed in your law examinations and assessments. Each guide supports revision of an undergraduate and conversion GDL/CPE law degree module by demonstrating good practice in creating and maintaining ideal notes. Course Notes will support you in actively and effectively learning the material by guiding you through the demands of compiling the information you need.
    • Disclosure of confidential patient information and the duty to consult: the role of the Health and Social Care Information Centre

      Grace, Jamie; Taylor, Mark; University of Derby; University of Sheffield (Oxford University Press, 2013)
    • Engaging new Law lecturers and reflections on the engagement

      Cherkassky, Lisa; Gale, Christopher; Guth, Jessica; University of Bradford (2009)
    • The enhanced cognitive interview: expressions of uncertainty, motivation and its relation with report accuracy

      Paulo, Rui M.; Albuquerque, Pedro B.; Bull, Ray; University of Derby (2015-11-11)
    • The enhanced cognitive interview: Testing appropriateness perception, memory capacity and error estimate relation with report quality

      Paulo, Rui M.; Albuquerque, Pedro B.; Saraiva, Magda; Bull, Ray; University of Derby; School of Psychology; University of Minho; Campus de Gualtar Braga Portugal; School of Psychology; University of Minho; Campus de Gualtar Braga Portugal; School of Psychology; University of Minho; Campus de Gualtar Braga Portugal; Department of Psychology; University of Portsmouth; Portsmouth United Kingdom (Wiley, 2015-04-23)
      The Enhanced Cognitive Interview (ECI) has been widely studied. However, research has overlooked witnesses’ attitudes toward the interview and how error estimate and memory capacity relate to report quality. Participants watched a mock robbery video and were interviewed 48 hours later with either the Portuguese version of the ECI or a Structured Interview (SI). Participants interviewed with the ECI provided more information without compromising accuracy, particularly in free recall. Report accuracy was stable across interview phases and information categories. A higher perception of interview appropriateness (how witnesses evaluate the appropriateness of the interview procedure used) was linked with more detailed reports and more interest in being an interviewee. Participants over-estimated their error rate, and their memory capacity was not related to witnesses’ recall. It is essential to take into account their perception of interview appropriateness and use alternative methods to evaluate report quality. Major implications for real-life investigations are discussed.
    • 'The enigmatic but unique nature of the Israeli legal system'

      Platsas, Antonios E.; University of Derby (North-West University, South Africa, 2012-09-25)
      The Israeli legal system is unique in that it straddles the two otherwise opposing worlds of tradition and innovation. This creates an enigma for the comparatist, making the exploration of this system an onerous and challenging task. The author wishes to maintain that the system in question is highly innovative and ascribes this quality to the proactive character of the Israeli Supreme Court, whose activism has had a major impact on the character of the domestic system as a whole. While the author explores the reasons why this has been the case, one of his main concerns in this paper will be to examine the innovative character of the Israeli Supreme Court per se, in comparison with equivalent courts in other parts of the world. In addition the author will seek to establish inter alia the character of the Israeli legal system by focusing on the three different elements that co-exist in the Israeli socio-legal structure (the Jewish element vis-à-vis the Arab element; the Liberal element vis-àvis the Orthodox element within the Jewish community; and the Civilian element visà-vis the Common law element). The author wishes to posit that the amalgamation of different legal and cultural traditions in Israel created a sui generis state of affairs for the legal system as a whole. This results in an overall systemic-methodological amalgamation which does not occur elsewhere in the world. The article concludes that the enigmatic and innovative characteristics of the Israeli legal system derive from the novel way in which the legal mix has occurred in this system (as opposed to the ingredients of the elements in the mix). In this respect, Israel may have contributed much to the reinvigoration of the modern comparative law agenda, and it may continue to do so in the future, as the system is not one of legal stasis (a mixed system) but one of legal kinesis (a mixing system).
    • Exploring the legal framework for ‘criminality information sharing’ in England and Wales: working Paper

      Grace, Jamie; University of Derby (2012-02-15)
      One serious issue addressed is that while the legal framework with regard to criminality information sharing for public protection purposes may be complex, it is currently lacking one vital ingredient with regard to the sharing of ‘soft intelligence’ data: there is no statutory guidance as to what an appropriate degree of consultation might be in particular circumstances of sharing criminality information that is not simply convictions or cautions data etc. This is perhaps where statutory codification or better, perhaps, statutory specificity, along the lines of the ‘gateways’ for the admissibility of ‘bad character’ evidence in the Criminal Justice Act 2003, would be or real and meaningful assistance to Chief Constables and other responsible for the sharing of ‘criminality information’ across the public sector. More profoundly, we must ask a more moral question of the current statutory framework, since it is so inflexible, with regard to the disclosure of convictions and cautions, however foggy and distant these offences may (or may not) be.
    • The functional and the dysfunctional in the comparative method of law: some critical remarks

      Platsas, Antonios E.; University of Derby (Maastricht University - Tilburg University - University of Utrecht, 2008-12)
      This contribution explores the leading principle in the comparative method of law: functionality of comparisons. The principle is defined, conditioned and analysed. In particular, the author wishes to maintain with this article the orthodox approach when it comes to understanding the principle of functionality for the comparative method. The article’s analysis proceeds with an examination of whether functionality is concerned with similarities and/or differences. The author suggests that it is possible that functionality can operate for the identification of differences and the identification of similarities, the stress being on the latter. The article then argues that functionality serves as a common, unifying and mutually intelligible denominator amongst comparative lawyers around the world, even though not necessarily in a dogmatic fashion. Furthermore, the author of this contribution notes the evolution of the principle in question, its strengths as well as its main criticisms, which are also presented herein. The article concludes that functionality remains the epicentre of the comparative method of law and that its drawbacks remind us that the principle is susceptible to further refinement in the future.
    • Genocide: punishing a moral wrong

      Cherkassky, Lisa; University of Bradford (2009)
    • The idea of legal convergence and international economic law

      Platsas, Antonios E.; International Institute for the Sociology of Law, Oñati, Spain; University of Derby (Inderscience Publishers, 2009)
      The convergence of different legal systems is one of the leading theses in the discipline of law. This paper proposes that international economic law is one of the great sources of inspiration for the coming together of various legal systems around the world. The paper will explore the European Union experience in this respect and it will analyse a number of legal principles which promote the idea of legal convergence in the sphere of international economic law. Furthermore, referral will be made to the organisations promoting the convergence of legal systems such as the International Monetary Fund (IMF), the World Bank Group (WB) and the World Trade Organization (WTO).
    • Legal skills

      Cherkassky, Lisa; University of Bradford (Palgrave Macmillan, 2011)
    • A lesson on interrogations from detainees: Predicting self-reported confessions and cooperation

      Snook, Brent; Brooks, Dianna; Bull, Ray; University of Derby (Sage, 2015-09-21)
      The ability to predict confessions and cooperation from the elements of an interrogation was examined. Incarcerated men (N = 100) completed a 50-item questionnaire about their most recent police interrogation, and regression analyses were performed on self-reported decisions to confess and cooperate. Results showed that the likelihood of an interrogation resulting in a confession was greatest when evidence strength and score on a humanitarian interviewing scale were high, and when the detainee had few previous convictions or did not seek legal advice. We also found that the level of cooperation was greatest when the humanitarian interviewing score was high, and when previous convictions were low. The implications of the findings for interrogation practices are discussed.
    • Linking different types of crime using geographical and temporal proximity

      Tonkin, Matthew; Woodhams, Jessica; Bull, Ray; Bond, John W.; Palmer, Emma J.; University of Leicester (2011)
      In the absence of forensic evidence (such as DNA or fingerprints), offender behavior can be used to identify crimes that have been committed by the same person (referred to as behavioral case linkage). The current study presents the first empirical test of whether it is possible to link different types of crime using simple aspects of offender behavior. The discrimination accuracy of the kilometer distance between offense locations (the intercrime distance) and the number of days between offenses (temporal proximity) was examined across a range of crimes, including violent, sexual, and property-related offenses. Both the intercrime distance and temporal proximity were able to achieve statistically significant levels of discrimination accuracy that were comparable across and within crime types and categories. The theoretical and practical implications of these findings are discussed and recommendations made for future research.