• Bridge over troubled waters? Model remedy to resolve cross-border legal disputes

      Meiselles, Michala; Klaff, Joel; University of Derby (Wildy & Sons, 2020)
      In this era typified by shifting national allegiances, reemergence of nationalist forces, isolationism, and disintegration of trade blocs, the stability and longevity of commercial ties have become crucial, with private law procedures (such as nachfrist) offering much needed flexibility if and when disputes arise between contracting parties. Looking at nachfrist from a critical point of view, we explore the benefits associated with this facility and argue that as a model remedy for the resolution of international commercial disputes, nachfrist enhances efficiency, saving the contracting parties and the economy at large, time, money, and resources, whilst reducing economic waste in trade.
    • Y v A Healthcare Trust and the Mental Capacity Act 2005: taking gamete retrieval to the bank

      Cherkassky, Lisa; University of Derby (Sweet & Maxwell, 2019-04)
      Comments on the application in Y v A Healthcare NHS Trust (CP) of the best interests test set out in the Mental Capacity Act 2005 s.4 to the retrieval of sperm from a man suspected of being brainstem dead, and the approach to consent to storage and use in fertility treatment by his wife. Questions whether a construction of best interests which extends to potential wishes is appropriate in the strictly regulated context of assisted conception.
    • Witnesses’ verbal evaluation of certainty and uncertainty during investigative interviews: Relationship with report accuracy

      Paulo, Rui; Bull, Ray; Albuqurque, Pedro; Derby University (Springer, 2019-06-07)
      The Enhanced Cognitive Interview (CI) is a widely studied method to gather informative and accurate testimonies. Nevertheless, witnesses still commit errors and it can be very valuable to determine which statements are more likely to be accurate or inaccurate. This study examined whether qualitative confidence judgments could be used to evaluate report accuracy in a time-saving manner. Forty-four participants watched a mock robbery video and were interviewed 48 h later with a revised CI. Participants’ recall was categorized as follows: (1) evaluated with very high confidence (certainties), (2) recalled with low-confidence utterances (uncertainties), or (3) recalled with no confidence markers (regular recall). Certainties were more accurate than uncertainties and regular recall. Uncertainties were less accurate than regular recall; thus, its exclusion raised participants’ report accuracy. Witnesses were capable of qualitatively distinguishing between highly reliable information, fairly reliable information, and less reliable information in a time-saving way. Such a distinction can be important for investigative professionals who do not know what happened during the crime and may want to estimate which information is more likely to be correct.
    • Evolutionary Psychology and Terrorism

      Taylor, Max; Roach, Jason; Pease, Ken; University of Derby (Routledge, 2016-08-24)
      The origins of this volume of collected papers lie in a series of concerns, perhaps not of great moment in themselves, but sufficient to suggest a general sense of unease about progress towards the understanding of terrorism and the terrorist. The first issue is recognition of how meagre is the contribution of psychology to that enterprise. Before the events of 9/11, terrorism was certainly recognized as a problem, but the academic response to it was limited and the topic attracted relatively few researchers from a narrow range of disciplines; there were even fewer researchers with a discipline base in psychology. Since 9/11 there has been an enormous outpouring of generously funded research, spawning papers and comment by scholars from a much wider range of disciplines. Arguably little of substance has emerged. Sageman (2014) critically commenting on the state of terrorism research, asserted that ‘……we are no closer to answering the simple question of “What leads a person to turn to political violence?” We concur. The factors that may be associated with engagement in terrorism are doubtless complex. They may be idiosyncratic, socially and or politically determined, or religiously motivated. Personally expressed reasons may be fundamental or incidental. The mosaic of reasons will vary over time. While we wallow in our ignorance, rates of recruitment into terrorism provide a striking metric suggesting that Sageman was indeed correct in his diagnosis.
    • Terrorism's footprint of fear

      Roach, Jason; Pease, Ken; Charlotte, Sanson; University of Derby; University of Derby (Routledge, 2016-08-24)
      Generally, when terms have extensive connotative baggage, it is wise to denude them. In the context of this paper, the only attribute we feel might be retained from the terrorism label is its implication that in such attacks, classes of people are deemed more or less equally ‘legitimate’ targets such that each citizen regards herself as a legitimate target. In the terrorist’s ideal scenario, insofar as it is thought through, the evocation of public fear of victimisation advances their cause. It leads to pressure on governments to settle or serves to destabilise the target administration by making daily life more problematic and by devoting resources to combatting terrorism’s threat that cannot be sustained indefinitely. The evolutionary context to this book leads us to consider anti-predator behaviour by prey animals alongside public fear of victimisation generated by acts of terrorism.
    • Taking crime seriously: Playing the weighting game

      Ignatans, Dainis; Pease, Ken; University of Derby (Oxford Academic, 2015-09-18)
      The advantages and problems of weighting crime counts by harm inflicted are detailed. To obtain a better understanding of crime trends and distributions, victim judgements of the seriousness of offences committed against them derived from the Crime Survey for England and Wales (CSEW) were analysed and used as weights of crime counts. The data were used to check whether there was a seriousness drop paralleling the crime drop of recent decades. There was, albeit somewhat less precipitous. Series crimes (i.e. repeated crimes against the same targets and presumed to be by the same perpetrators) account for an astonishing 39% of all crime and around 42% of crime weighted by seriousness. The article focuses on distributions across households. In line with our earlier work on crime events per se, the most victimized households have benefited most from the seriousness ‘drop’ in absolute terms, but still account for a similar proportion of total harm over time. A case is made for the use of CSEW victim seriousness judgement for a variety of analytic and practical purposes.
    • Police overestimation of criminal career homogeneity

      Pease, Ken; Roach, Jason; University of Derby (Wiley, 2013-10-07)
      Police presumptions about criminal career trajectories have been little studied. The exploratory study reported here involved 42 police staff of varying rank and experience. Participants were asked to complete a questionnaire that asked them to predict the type of offence that an individual with a specified prior record would most probably commit next. Participating police personnel substantially overstated the homogeneity of criminal careers, that is, the nature of prior offences determined their prediction of their next offence more than available official data would deem reasonable. An incidental finding was that officers who rated the probability of further offending highest were also those who thought criminal careers most specialised. The implications for operational police decision-making were discussed and held to be profound.
    • Area and individual differences in personal crime victimisation incidence: The role of individual, lifestyle/routine activities and contextual predictors

      Pease, Ken; Andromachi, Tseloni; University of Derby (Sage, 2014-09-02)
      This article examines how personal crime differences between areas and between individuals are predicted by area and population heterogeneity and their synergies. It draws on lifestyle/routine activities and social disorganization theories to model the number of personal victimization incidents over individuals including routine activities and area characteristics, respectively, as well as their (cross-cluster) interactions. The methodology employs multilevel or hierarchical negative binomial regression with extra binomial variation using data from the British Crime Survey and the UK Census. Personal crime rates differ substantially across areas, reflecting to a large degree the clustering of individuals with measured vulnerability factors in the same areas. Most factors suggested by theory and previous research are conducive to frequent personal victimization except the following new results. Pensioners living alone in densely populated areas face disproportionally high numbers of personal crimes. Frequent club and pub visits are associated with more personal crimes only for males and adults living with young children, respectively. Ethnic minority individuals experience fewer personal crimes than whites. The findings suggest integrating social disorganization and lifestyle theories and prioritizing resources to the most vulnerable, rather than all,residents of poor and densely populated areas to prevent personal crimes.
    • Voles don't take taxis

      Pease, Ken; Loughborough University (Wiley, 2014-07-05)
      Johnson’s paper advances understanding of sequences of burglaries committed by thesame offender. Furthermore, it has heuristic value in suggesting new avenues for applicable research. Each of the current data shortcomings represents an opportunity for novel research approaches, and the optimum forager metaphor holds continuing appeal as an organizing principle helpful to operational policing.
    • The global crime drop and changes in the distribution of victimisation

      Pease, Ken & Ignatans, Dainis; University of Derby (Springer, 2016-09-27)
      Over three decades crime counts in England and Wales, as throughout the Western world, have fallen. Less attention has been paid to the distribution of crime across households, though this is crucial in determining optimal distribution of limited policing resources in pursuing the aim of distributive justice. The writers have previously demonstrated that in England and Wales the distribution of crime victimisation has remained pretty much unchanged over the period of the crime drop. The present paper seeks to extend the study of changes in the distribution of victimisation. Over time using data from 25 countries contributing data to the International Crime Victimisation Survey (ICVS) sweeps (1989–2000). While fragmentary, the data mirror the trends discerned in England and Wales. The trends are not an artefact of the inclusion of particular countries in particular sweeps. The demographic, economical, geographical and social household characteristics associated with victimisation are consistent across time. The suggested policy implication is the need for greater emphasis on preventing multiple victimisation.
    • Are victims of crime mostly angry or mostly afraid?

      Ignatans, Dainis; Pease, Ken; University of Derby (Springer/ Palgrave, 2019-05)
      Analysis of the Crime Survey for England and Wales identifies anger and annoyance rather than fear as the most common emotional responses to victimisation by crime, despite fear’s pre-eminence in the criminological literature. While the trend since 2003 shows an increase in fear relative to anger, anger remains more common for all crime categories and all levels of victim-rated offence seriousness. The writers contend that the mismatch between the preponderance of anger in victim accounts and the preponderance of fear in the academic literature is convenient for government and police. Subtly setting fear as the default ‘appropriate’ emotion to be evoked by victimisation makes for a populace less inclined to ‘take matters into its own hands’. Plans to develop research on victim anger are outlined.
    • Whatever happened to repeat victimisation?

      Pease, Ken; Ignatans, Dainis; Batty, Lauren; University of Derby (Springer Link, 2018-10-04)
      Crime is concentrated at the individual level (hot dots) as well as at area level (hot spots). Research on repeat victimisation affords rich prevention opportunities but has been increasingly marginalised by policy makers and implementers despite repeat victims accounting for increasing proportions of total crime. The present paper seeks to trigger a resurgence of interest in research and initiatives based on the prevention of repeat victimisation.
    • Improving the enhanced cognitive interview with a new interview strategy: category clustering recall.

      Paulo, Rui M.; Albuquerque, Pedro B.; Bull, Ray; University of Minho; School of Psychology; University of Minho; Braga Portugal; School of Psychology; University of Minho; Braga Portugal; School of Law and Criminology; University of Derby; Derby UK (Wiley, 2017-07-20)
      Increasing recall is crucial for investigative interviews. The enhanced cognitive interview (ECI) has been widely used for this purpose and found to be generally effective. We focused on further increasing recall with a new interview strategy, category clustering recall (CCR). Participants watched a mock robbery video and were interviewed 48 hours later with either the (i) ECI; (ii) revised enhanced cognitive interview 1 (RECI1) — with CCR instead of the change order mnemonic during the second recall; or (iii) revised enhanced cognitive interview 2 (RECI2) — also with CCR but conjunctly used with ‘eye closure’ and additional open‐ended follow up questions. Participants interviewed with CCR (RECI1 and RECI2) produced more information without compromising accuracy; thus, CCR was effective. Eye closure and additional open‐ended follow up questions did not further influence recall when using CCR. Major implications for real‐life investigations are discussed.
    • International licensing agreements: IP, technology transfer and competition law.

      Meiselles, Michala; Wharton, Hugo; University of Derby (Wolters Kluwer, 2018-10-16)
      About this book: A guide to the complex world of international licensing agreements grouping together all the essential materials needed when considering cross-border licensing agreements. What’s in this book: As a step-by-step guide to drafting international licensing agreements, this book ensures that the needs of each contracting party are addressed. This expert guide covers the following: business models that may be used by the contracting parties; standard provisions encountered in an array of international licensing agreements; analysis of the key clauses in various international licensing agreements inter alia trademark, software, franchise and technology licences with provisions as affected by jurisdiction; effect of competition law in a variety of jurisdictions; ensuring trademark protection at both national and international levels; clear explanation of key franchising terminology and disclosure rules; and effect of international dispute resolution rules in a range of jurisdictions. Alongside contract analysis, this book details numerous case studies from an array of industries that ensure the accommodation of sector-specific issues. For practitioners operating within or representing medium to large firms who normally have to prepare or provide advice on international licence arrangements. The book’s thorough incorporation of detailed contract analysis will also be welcomed by professionals working for universities, industry, interest groups, government departments and international organisations.
    • Mapping repeated interviews

      Waterhouse, Genevieve F.; Ridley, Anne M.; Bull, Ray; La Rooy, David; Wilcock, Rachel; University of Derby; University of Winchester; London South Bank University; University of London (Springer, 2018-09-14)
      The present study introduces an adaptation of the Griffiths Question Map (GQM; Griffiths & Milne, 2006) which extends the chronological, visual map of question types used in an investigative interview to include child interviewee’s responses (through the addition of the Interview Answer Grid, IAG). Furthermore, it provides a rare evaluation of repeated interviews with children. From a sample of transcripts of Scottish repeated interviews with child victims, two ‘good’ and two ‘poor’ first interviews were chosen based on interviewer question types. First and second investigative interviews of these four children were mapped using the GQM and IAG in order to examine across the two interviews the similarity of interviewer and interviewee behaviours and the consistency and investigative-relevance of information provided. Both ‘good’ and ‘poor’ interviews were found to include practices discouraged by interviewing guidelines, which would not have been identified by examining question proportions alone. Furthermore, ‘good’ first interviews were followed by second interviews which began with poor question types, suggesting a possible impact of confirmation bias. Social support was also assessed and found to be used infrequently, mainly in response to the child being informative rather than pre-emptively by interviewers in an attempt to encourage this. Children were also found to disclose throughout their second interviews, suggesting that rapport-maintenance is vital for single and multiple interviews. The use of the GQM and IAG are encouraged as techniques for determining interview quality.
    • Is it just a guessing game? The application of crime prevention through environmental design (CPTED) to predict burglary.

      Monchuk, Leanne; Pease, Ken; Armitage, Rachel; University of Huddersfield; University College London; Applied Criminology & Policing Centre, University of Huddersfield, Huddersfield, UK; UCL Jill Dando Institute of Security and Crime Science, London, UK; Applied Criminology & Policing Centre, University of Huddersfield, Huddersfield, UK (Taylor and Francis, 2018-08-27)
      Crime prevention through environmental design (CPTED) aims to reduce crime through the design of the built environment. Designing out crime officers (DOCOs) are responsible for the delivery of CPTED by assessing planning applications, identifying criminogenic design features and offering remedial advice. Twenty-eight experienced DOCOs from across England and Wales assessed the site plan for one residential development (which had been built a decade earlier) and identified crime risk locations. Predictions of likely locations were compared with 4 years’ police recorded crime data. DOCOs are, to varying extents, able to identify locations which experienced higher levels of crime and disorder. However, they varied widely in the number of locations in which they anticipated burglary would occur.
    • Jail inmates’ perspectives on police interrogation.

      Cleary, Hayley M. D.; Bull, Ray; Virginia Commonwealth University; University of Derby; Department of Criminal Justice, L. Douglas Wilder School of Government and Public Affairs, Virginia Commonwealth University, Richmond, VA, USA; Department of Law, Criminology, and Social Sciences, University of Derby, Derby, UK (Taylor and Francis, 2018-07-26)
      Few studies have examined police interrogation strategies from suspects’ perspectives, yet assessing suspects’ views about interviewer approaches could provide important insights regarding confession decision making. The current study is the first American survey to assess a diverse sample of adult jail inmates’ views on police interrogation tactics and approaches. The study explored US jail inmates’ (N = 418) perspectives about how police should conduct interrogations. Potential dimensionality among 26 survey items pertaining to police tactics was examined using exploratory factor analysis. Group differences according to demographic and criminological variables were also explored. Four factors emerged, conceptualized as Dominance/Control, Humanity/Integrity, Sympathy/Perspective-Taking, and Rapport. Respondents most strongly endorsed Humanity/Integrity and Rapport strategies and were unsupportive of approaches involving Dominance/Control. Gender differences emerged for Dominance/Control and Humanity/Integrity, and Black respondents were more likely to value strategies related to Sympathy/Perspective-Taking. Suspects endorsed interrogation strategies characterized by respect, dignity, voice, and a commitment to the truth; they reported aversions to the false evidence ploy and approaches involving aggression. Overall, results from this incarcerated sample suggest that interviewees may be more responsive to rapport-building, non-adversarial strategies.
    • Crime concentrations: Hot dots, hot spots and hot flushes.

      Ignatans, Dainis; Pease, Ken; University of Huddersfield; University College London (Oxford University Press, 2018-09-14)
      None
    • Preventing repeat and near repeat crime concentrations.

      Farrell, Graham; Pease, Ken; University of Leeds; University College London (Routledge, 2017-03-16)
    • Repeat victimisation.

      Farrell, Graham; Pease, Ken; University of Leeds; Loughborough University (Routledge, 2016-11-01)