• Behavior displayed by female victims during rapes committed by lone and multiple perpetrators.

      Woodhams, Jessica; Hollin, Clive R.; Bull, Ray; Cooke, Claire; University of Birmingham; University of Leicester; University of Gloucestershire (American Psychological Association, 2012-08)
      Research with both the general public and members of the criminal justice system reports a pervasive rape myth of a violent offender and a physically resistant victim. Despite research being conducted on victims' postrape behavior, few studies have examined victim behavior during sexual assaults, and many of those which have been conducted have tended to focus on physical resistance. This article reports two studies that examined qualitatively the behavior of female rape victims during sexual assaults. The first study is an analysis of 78 stranger sexual assaults, committed in the United Kingdom, by male offenders. The second study is an analysis of 89 allegations of stranger rape, again from the United Kingdom, perpetrated by multiple male suspects. Information about victim behavior was extracted from victims' accounts made to the police. More than 100 different victim behaviors were identified in each study, and more than 80 behaviors were common across studies. Myth-congruent behaviors were present in the sample; however, the behaviors engaged in by victims were complex and diverse. Indirect and face-saving communications were used by victims and are discussed in terms of expectations regarding victim behavior and rape stereotypes. The implications of the findings for training legal professionals, educating jurors, and counseling victims are discussed.
    • Certainty over clemency: English contract law in the face of financial crisis

      Huang, Flora; Yeung, Horace; University of Leicester (Springer, 2016)
      This chapter has the objective to consider the legal implications of negative economic trends under English contract law in the aftermath of the global Financial Crisis of 2007–2008. Unlike other jurisdictions, most notably in civil law countries, the English position in the law governing a fundamental change in circumstances has remained narrow, that is, no relief will be granted unless it is an exceptional situation. The English courts deal with the issue either by the doctrine of frustration or through construing contractual force majeure provisions. Following the crisis, indeed there have been an increasing number of cases going down these avenues. Apart from relying on frustration or force majeure clause, another emerging phenomenon is that there has been a growth in allegations of misrepresentation and therefore requesting a rescission of contract. In either case, the aim of claimants is apparently trying to bring the contractual obligations to an end.
    • Chinese companies and the Hong Kong stock market

      Huang, Flora; Yeung, Horace; University of Leicester (Routledge, 2013-10-04)
      Listing by companies from one country on the stock market of another country is a device often used both to raise capital in, and to increase bonding with, the target country. This book examines the listing by Chinese companies on the Hong Kong stock market. It discusses the extent of the phenomenon, compares the two different regulatory regimes, and explores the motivations for the cross-listing. It argues that a key factor, in addition to raising capital and bonding with the Hong Kong market, is Chinese companies’ desire to encourage legal and regulatory reforms along Hong Kong lines in mainland China, in order to develop and open up China’s domestic capital markets.
    • Detecting truth in suspect interviews: the effect of use of evidence (early and gradual) and time delay on Criteria-Based Content Analysis, Reality Monitoring and inconsistency within suspect statements

      McDougall, Alice Jennifer; Bull, Ray; University of Leicester; University of Derby (Taylor and Francis, 2015-01-03)
      The strategic use of evidence in interviews with suspects has been shown to increase the ability of interviewers to accurately and consistently distinguish truthful from deceptive accounts. The present study considers the effect of early and gradual revelation of evidence by the interviewer, and the effect of shorter and longer delay on the verbal quality of truth-teller and liar statements within a mock crime paradigm. It was hypothesised that gradual disclosure of evidence (1) in terms of inconsistencies (a) within statements and (b) between statements and such evidence and (2) of the criteria of Criteria-Based Content Analysis (CBCA) and of Reality Monitoring (RM) would emphasise differences in the verbal quality of truth-teller and liar statements. Forty-two high school students took part in the study. The use of statement-evidence and within-statement inconsistency appears to be a robust cue to deception across interview style and delay. This indicates that gradual disclosure in interviews may increase interviewer accuracy in veracity decisions by eliciting statement inconsistencies. However, gradual revelation and delay affected the ability of CBCA and RM criteria to distinguish the veracity of suspect statements.
    • Exploring the disclosure of forensic evidence in police interviews with suspects

      Smith, Lisa L.; Bull, Ray; University of Leicester; University of Derby (Springer, 2013-07-02)
      Despite many years of empirical research focusing on investigative interviewing and detecting deception, very little research attention has been paid to the various types of evidence which feature in police interviews with suspects. In particular, the use of forensic evidence in the context of police interviews has not been previously considered, although in recent years the availability of various types of forensic analyses has dramatically increased. In the current study 398 experienced police interviewers from various countries completed a questionnaire about their experience of using various types of forensic evidence in interviews with suspects, as well as their perceptions regarding the strength of various sources of forensic information and how this may affect their interviewing strategy. The results indicated that although the participants have forensic evidence available in a large proportion of their interviews with suspects, the vast majority of police interviewers have received no training about how to interpret or use such forensic information. However, the perceived strength of forensic evidence was reported by some participants to affect their interview strategy and specifically the timing of the disclosure of such evidence during an interview. These findings are discussed with reference to police training and interview techniques, and suggestions for further research are offered.
    • Institutional development and the Astana international financial center in Kazakhstan

      Huang, Flora; Yeung, Horace; Bekmurzayeva, Zhanyl; Janaidar, Dina; University of Leicester; University of Derby; Academy of Public Administration, Kazakhstan; KAZGUU University, Kazakhstan (Washington University, 2021-01)
      This article investigates the most recent instance of the transplantation of English corporate and financial law into a different legal environment. The Astana International Financial Center (AIFC) in Kazakhstan was launched in 2018. The AIFC has largely built on the institutional model pioneered by the Dubai International Financial Center. This key institutional innovation is the transplanting and operation of laws based on the English common law, independent of their national legal systems (civil law systems, heavily influenced by Islamic tradition, and, in the case of Kazakhstan, also Soviet socialist principles). This article seeks to contribute to the understanding of the system of Kazakhstan, a strategically located but well under-investigated country, and a potentially viable institutional model for other aspiring financial centers. To the best knowledge of the authors, this work is the first ever English academic literature on the development of the AIFC.
    • 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.
    • Shareholder protection in China from a numerical comparative law perspective

      Huang, Flora; Yeung, Horace; University of Essex; University of Leicester (Oxford Academic, 2019-04-16)
      The traditional approach in legal comparative research is doctrinal rule based. A relatively recent breakthrough has been the use of econometric techniques in comparing the extent of success in different jurisdictions with respect to, for example, protecting shareholders. The meshing of legal research and econometrics is known as ‘leximetrics’. One of the most prominent and widely cited use of leximetrics is the seminal study by Rafael La Porta and colleagues on the correlation between shareholder protection and financial development. The study, though highly influential, has attracted various criticisms. Subsequent studies have sought to build on the study by coming up with improved research design. For example, using a panel data set covering a range of developed and developing countries, researchers from the Cambridge Centre for Business Research have discovered that a significant upward movement in the level of shareholder protection was made by China between 1990 and 2013. It has been suggested that, during this period, China experienced the ‘biggest increase in shareholder protection’ among 30 countries studied, and China was amongst the top performers (along with France and Russia) in shareholder protection in 2013, performing even better than the United Kingdom and the USA. At the same time, the World Bank’s Protecting Minority Investors Index, which forms part of its Doing Business reports, has recently painted a rather opposite picture, in contrast to the positive assessment by the Centre for Business Research, by putting China in the 119th position out of 190 countries, which indicates a very mediocre performance. This article seeks to address the question of whether and how the two studies, both employing leximetric techniques and examining an ostensibly similar issue, can point to discrepant results.
    • Sino-African trade: A multi-layered appraisal

      Huang, Flora; Yeung, Horace; University of Derby; University of Leicester (Electronic Publications, 2020-04)
      There are both believers and critics on the state and potential of Sino-African trade. For example, China’s Belt and Road Initiative (BRI) is expected to benefit several African countries. At the same time, some critics refer to it as ‘debt trap diplomacy’ for China to politically and economically exploit the countries involved. Nearly a decade ago, China surpassed the US to become Africa’s largest trading partner. Sino-African trade is now four times larger than that of US-Africa. While the importance of Sino-African trade can be seen in the scale of trade and investment, this article at the same time concerns the legal, and also some non-legal mechanisms such as BRI and the Forum on China-Africa Cooperation, to take the bilateral/multilateral relations to the next level. Other than continental and country level perspectives, firm level considerations cannot be ignored. Chinese companies now dominate in certain Africa’s business sectors and are rapidly expanding into new sectors. There have been concerns regarding the behaviour of certain Chinese companies in Africa. Through a multi-level analysis, the article endeavours to form a comprehensive picture of the closer than ever Sino-African trade relations.