• Genocide: punishing a moral wrong

      Cherkassky, Lisa; University of Bradford (2009)
    • A gift or a waste? Quintavalle, surplus embryos and the Abortion Act 1967.

      Cherkassky, Lisa; University of Derby (Taylor and Francis, 2017-07-06)
      The destruction of an embryo must be justified in law. This is to prevent frivolous wastage and to show the respect afforded by the Warnock Report (1984). For example, embryonic destruction during pregnancy is underpinned by the Abortion Act 1967, and embryonic destruction during fertility treatment is regulated by the Human Fertilisation and Embryology Act 1990. However, following the appeal decision in R (Quintavalle) v Human Fertilisation and Embryology Authority (and Secretary of State for Health) [2005] 2 A.C. 561, embryos can now be created for a bone marrow tissue match to a sick sibling under the Human Fertility and Embryology Act 1990 according to the subjective desires of the mother. This opens the door to the first example of embryonic destruction on unique social-eugenic grounds with no clear lawful justification. It is argued that these embryos should be afforded a unique destruction provision under an amended version of section 1(1)(a) of the Abortion Act 1967 in light of their ‘social-eugenic’ nature. This would protect the Human Fertilisation and Embryology Authority from accusations of undercover eugenic practices and reinstate the respect shown towards embryos in law.
    • Gillick, bone marrow and teenagers

      Cherkassky, Lisa; University of Derby (2015)
      The Human Tissue Authority can authorise a bone marrow harvest on a child of any age if a person with parental responsibility consents to the procedure. Older children have the legal capacity to consent to medical procedures under Gillick, but it is unclear if Gillick can be applied to non-therapeutic medical procedures. The relevant donation guidelines state that the High Court shall be consulted in the event of a disagreement, but what is in the best interests of the teenage donor under s.1 of the Children Act 1989? There are no legal authorities on child bone marrow harvests in the United Kingdom. This article considers the best interests of the older saviour sibling and questions whether, for the purposes of welfare, the speculative benefits could outweigh the physical burdens.
    • 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.
    • Helping to sort the liars from the truth-tellers: The gradual revelation of information during investigative interviews

      Dando, Coral J.; Bull, Ray; Ormerod, Thomas C.; Sandham, Alexandra L.; University of Wolverhampton; University of Derby; Lancaster University; Department of Psychology; University of Wolverhampton; UK; School of Law and Criminology; Derby University; UK; Department of Psychology; Lancaster University; UK; et al. (Wiley, 2013-04-20)
      Research examining detection of verbal deception reveals that lay observers generally perform at chance. Yet, in the criminal justice system, laypersons that have not undergone specialist investigative training are frequently called upon to make veracity judgements (e.g., solicitors; magistrates; juries). We sought to improve performance by manipulating the timing of information revelation during investigative interviews. A total of 151 participants played an interactive computer game as either a truth-teller or a deceiver, and were interviewed afterwards. Game information known to the interviewer was revealed either early, at the end of the interview, or gradually throughout. Subsequently, 30 laypersons individually viewed a random selection of interviews (five deceivers and five truth-tellers from each condition), and made veracity and confidence judgements. Veracity judgements were most accurate in the gradual condition, p < .001, η2 = .97 (above chance), and observers were more confident in those judgements, p < .001, η2 = .99. Deceptive interviewees reported the gradual interviews to be the most cognitively demanding, p < .001; η2 = .24. Our findings suggest that the detection of verbal deception by non-expert observers can be enhanced by employing interview techniques that maximize deceivers' cognitive load, while allowing truth-tellers the opportunity to respond to evidence incrementally.
    • How to morph experience into evidence.

      Roach, Jason; Pease, Ken; University of Huddersfield; Loughborough University (Routledge, 2017-04-21)
    • The human tissue authority and saviour siblings

      Cherkassky, Lisa; University of Derby (2015-06-23)
    • Human tissue authority new draft code: Supporting child donors or supporting parents?

      Cherkassky, Lisa; University of Derby (The UK Law and Society Association, 2017-10-29)
      The Human Tissue Authority has very recently posted seven new Codes of Practice to update its guidance on human tissue legislation. Code G - Donation of Allogeneic Bone Marrow and Peripheral Blood Stem Cells for Transplantation - aims to improve the regulation of offences, referrals, and the interview process for children donating bone marrow. Code G comes under criticism in this article for not properly taking into account the welfare of very young saviour siblings. It introduces minor changes to consent procedures but disappointingly, parents of saviour siblings can still enjoy significant discretion to consent to a potentially harmful trespass upon their child without a welfare test or court approval. This article suggests that a stronger emphasis should be placed upon the objective provisions of the welfare test under section 1(3) of the Children Act 1989 and its adjoining common law before a decision to harvest a very young child for bone marrow is made. This would better protect the “saviour sibling” from unnecessary physical and psychiatric harm.
    • 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).
    • The impact of context on real-life serious crime interviews

      Leahy-Harland, Samantha; Bull, Ray; Bournemouth University; University of Derby (Routledge, 2020-11-25)
      This study examined real-life audio-taped police interviews with 56 serious crime suspects in England and Wales. It provides an analysis of how suspects responded and behaved during the interviews and considers how suspects’ responses may be affected by contextual characteristics including the presence of legal advisors. It was found that fewer suspects admitted these serious offences in comparison to previous studies, with most suspects who did admit doing so early on in the interview. The majority of suspects’ responses were identified as ‘relevant’, only a very small proportion of interviews were assessed as ‘challenging’. Significant associations between suspects’ responses and context were found. Specifically, if the (alleged) victim was female, the location of the offence was in-doors, and there was no clear motive, then suspects were more likely to say ‘no comment’ than to respond relevantly. Suspects who were 32 years of age or over, and had previous criminal convictions, were more likely to respond ‘relevantly’ than say ‘no comment’. The study also found that whilst present in the majority of interviews, the contributions of legal advisors were minimal (though more frequent legal advisor contributions were associated with increased use of police strategies).
    • The impact of interviewer working hours on police interviews with children

      Kyriakidou, Marilena; Blades, Mark; Cherryman, Julie; Christophorou, Stephanie; Kamberis, Andreas; Sheffield Hallam University; University of Sheffield; University of Portsmouth; University of Maastricht, Netherlands; University of Derby (Springer Science and Business Media LLC, 2020-05-18)
      Fatigue resulting from unpredictable or extended working conditions is a factor that negatively impacts the performance of police officers. In this study, we considered how investigative interviewing of children is influenced by interviewer working conditions. We examined two working conditions concerning when interviews were conducted: (a) during early duty shift and (b) an hour before the end of an interviewer’s duty shift and after the end of a shift. We analysed 102 police interviews with children and identified clues that interviews which commenced during early duty shift had more appropriate approaches than interviews in the other condition. Inappropriate approaches were not significantly affected by interviewer working conditions. These outcomes suggest considering new knowledge specific to the behaviour of interviewers according to working conditions and provide promising foundations for further research.
    • The impact of interviewer working hours on police interviews with children

      Kyriakidou, Marilena; Blades, Mark; Cherryman, Julie; Christophorou, Stephanie; Kamberis, Andreas; Sheffield Hallam University; University of Sheffield; University of Portsmouth; University of Maastricht, Maastricht, Netherlands; University of Derby (Springer Science and Business Media LLC, 2020-05-18)
      Fatigue resulting from unpredictable or extended working conditions is a factor that negatively impacts the performance of police officers. In this study, we considered how investigative interviewing of children is influenced by interviewer working conditions. We examined two working conditions concerning when interviews were conducted: (a) during early duty shift and (b) an hour before the end of an interviewer’s duty shift and after the end of a shift. We analysed 102 police interviews with children and identified clues that interviews which commenced during early duty shift had more appropriate approaches than interviews in the other condition. Inappropriate approaches were not significantly affected by interviewer working conditions. These outcomes suggest considering new knowledge specific to the behaviour of interviewers according to working conditions and provide promising foundations for further research.
    • Improving pofessional observers’ veracity judgements by tactical interviewing

      Sandham, Alex; Dando, Coral; Bull, Ray; Ormerod, Tom; University of Gloucestershire; University of Westminster; University of Derby; University of Sussex (Springer, 2020-06-25)
      Understanding whether a person of interest is being truthful during an investigative interview is a constant challenge and is of concern to numerous criminal justice professionals, most of whom are not involved in conducting the interview itself. Here we investigated police observers’ veracity detection performance having viewed interviews with truthtellers and deceivers using either the Tactical Use of Evidence (TUE), Strategic Use of Evidence (TUE) or a Control technique. Thirty serving police officers participated as post interview observers and each viewed 12 interviews in a counterbalanced order. Immediately post each interview each officer made a veracity judgment. Overall, untrained police observers were significantly more accurate (68%) when making veracity judgments post TUE interviews whereas for both SUE and Control performance was around chance (51% and 48%, respectively). Veracity performance for liars and truthtellers revealed a similar pattern of results (67% liars; 70% truthtellers) in the TUE condition. These results lend further support to the psychological literature highlighting the importance of how and when to reveal evidence or any other relevant event information during an investigative interview for ‘outing’ deceivers as well as allowing truthtellers early opportunities to evidence their innocence.
    • 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.
    • ‘In confidence: Thai economic virility, internal angst, and The Market: so, what’s next then?’

      Faulkner, Frank; University of Derby, Society, Religion and Belief Research Group (Shinawatra International University Press, 2011-06)
      This paper will examine the concept of confidence as it relates to economics, and will also apply it to the Thai paradigm. The reasoning for taking this approach is to understand and rationalize Thai economic dynamism in a period of relative global economic austerity, and also in the context of domestic unease. With these issues discussed and established, the paper will then offer some analysis of the likely imputations for future socio-economic development.
    • 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.
    • Institutional development and the Astana international financial center in Kazakhstan

      Huang, Flora; Yeung, Horace; Bekmurzayeva, Zhanyl; Janaidar, Dina; University of Essex (Washington University, 2020)
      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.
    • Institutions and economic growth in Asia: The case of mainland China, Hong Kong, Singapore and Malaysia

      Huang, Flora; Yeung, Horace; University of Essex (Routledge, 2018-04-03)
      This book explores the role of institutions in economic growth, looking in particular at specific Asian countries and at particular cities within those countries. It considers a wide range of factors besides institutions, including the law, cultural factors and overall government arrangements. The differences between the countries studied are highlighted, and the impact of these differences assessed: the impact of English common law on arrangements in Hong Kong, Singapore and Malaysia; sharia law in Malaysia; the differing lengths of time of colonial rule; the extent to which Chinese family businesses control an economy. Also studied are the degree to which the law is effectively applied, and a range of other social, economic and cultural factors. The book’s conclusions as to which factors have the greatest impact will be of considerable interest to economists of Asia and those interested in economic growth more widely.
    • The integration of rail and air transport in Britain

      Stubbs, John; Jegede, Francis; University of Derby (Elsevier Ltd., 1998-03)
      This paper examines the state of intermodal rail-air transport in mainland Britain. Working on the basis that the relief of the ever increasing road congestion around airports necessitates a modal shift from road to rail transport for both intending air travellers and airport staff, the paper examines the different approaches taken, to date, in providing rail-air links. The paper draws heavily on the proceedings of the 1996 Opportunities for Air and Rail Interaction Conference. The main conclusion drawn in this paper is that the approach to rail-air integration has so far been very piecemeal and lacked the necessary national coordination required to capitalise upon the benefits of rail-air intermodal transport.
    • The interfamilial principle and the harvest festival

      Cherkassky, Lisa; University of Derby (Koninklijke Brill NV, 2016-02-10)
      It is widely accepted that younger children can act as saviour siblings by donating cord blood or bone marrow to their gravely-ill brothers or sisters. However, it is under dispute whether these procedures are in the best interests of the child. This article suggests that parents may be relying on a thinly-veiled interfamilial approach, where the wider benefit to the whole family is used to justify the procedure to the Human Tissue Authority in the United Kingdom. This article suggests that the merging of familial interests to validate a non-therapeutic bone marrow harvest on a child forces altruism in a patient too young to understand, rendering the harvests unlawful under current law.