• Do We Need a New Legal Framework for Fighting Non-Conventional Wars? The International Law of War, Human Rights and the Global Fight Against Extremism and Terrorism

      Jegede, Francis; Todd, Malcolm; University of Derby (Global Science and Technology Forum, 2016-11-16)
      This paper examines the existing legal framework for fighting violent extremism and terrorism. Highlighting the inherent limitations of the current International Law of War in dealing with the growing challenges posed by terrorists and violent extremist groups, the paper discusses the problem facing military commanders, security agents, state actors and the international community in confronting extremist groups while upholding human rights values and respecting the law of war. The paper poses the question as to whether the current legal framework for dealing with extremist groups is sufficient without contravening the essential provisions and ethos of the International Law of War and Human Rights. Using examples, the paper examines how extremist groups flagrantly disregard the rule of law and disrespect human rights in their campaign of terror. The paper also notes instances in which the current Western strategy in fighting terrorism may be viewed or considered as conflicting with human rights and international law.
    • Dual class shares around the top global financial centres

      Huang, Flora; University of Essex (2017-04-01)
      Dual class shares (DCS) offer additional classes of shares that provide holders with greater voting rights. The article aims to investigate why leading financial centres have different attitudes towards DCS, with a focus on the recent reforms of their company law and listing rules with respect to DCS.
    • Dynamics of repeated interviews with children

      Waterhouse, Genevieve F.; Ridley, Anne M.; Bull, Ray; La Rooy, David; Wilcock, Rachel; London South Bank University; University of Derby; University of London; University of Winchester; Department of Psychology; London South Bank University; London UK; et al. (Wiley, 2016-06-10)
      Concerns regarding repeat interviews with child witnesses include greater use of suggestive questions in later interviews due to bias, and that children may appear inconsistent and, therefore, be judged as less reliable in court. UK transcripts of first and second interviews with 21 child victims/witnesses (conducted by qualified interviewers) were coded for question types and child responses. Interviewers were consistent in their proportional use of question types across interviews. Furthermore, children were as informative in second interviews as in first, mostly providing new details consistent with their prior recall. Despite the apparent lack of training in conducting repeated interviews, no negative effects were found; second interviews appeared to be conducted as well as initial interviews, and children provided new details without many contradictions. It is suggested that when a child's testimony is paramount for an investigation, a well-conducted supplementary interview may be an effective way of gaining further investigative leads.Copyright © 2016 John Wiley & Sons, Ltd.
    • Economic interdependence in a globalised world - the effects of Greece's financial crises on Derbyshire businesses

      Jegede, Francis; University of Derby (Derby Telegraph, 2013)
      Greece, in recent years, has suffered series of financial crises that necessitated massive European bailouts to support and sustain the country's economy. The bailouts and support from the IMF and the European Central Bank came with stringent economic conditions that have caused severe political turmoil in the country. This article, published by Derby Telegraph, examines the nature and effect of economic interdependency in a globalised world. Using, the recent financial crises as case study; the article explains how the economic woes in countries like Greece and Portugal could hit Derbyshire businesses.
    • The effect of co-offender planning on verbal deception

      Chan, Stephanie; Bull, Ray; Home Team Behavioural Science Centre; University of Derby (Taylor & Francis, 2013-09-13)
      Previous deception studies have mainly examined individual mock perpetrators and their deceptive behaviours during interviews, but not all crimes are committed by single perpetrators. In the present study, 48 mock perpetrators were individually interviewed after carrying out a mock theft in pairs. The time available for co-planning prior to the interview was manipulated so as to examine its effects on participants’: (1) verbal cues to deception; (2) cognitive load; and (3) attempted speech control during the interview. Having time available for planning was associated with greater statement immediacy, plausibility and within-pair consistency, but not with cognitive load or attempted control.
    • Elderly persons' mobility situation and use of public transport in England and Wales. A logistic regression analysis.

      Jegede, Francis; University of Derby (Population Association of America, 1995-04)
      This paper examines the mobility situation of elderly people in England and Wales. The paper analyses elderly peoples' use of public transport for local movements and the degree to which each transport mode is considered "convenient" for that purpose. Using a logistic regression procedure as conceptualized in a dichotomous situation, the paper examines how elderly people's socio-medical conditions or disability could affect their "convenient" use of transport. The paper, based on a survey conducted in 1993, shows that the degree of mobility "deprivation" among elderly people depends on the type and severity of their physical/medical conditions. The study specifically reveals that mobility problems are significant among elderly people that have locomotion disability, and cardiovascular and arthritis conditions. The paper offers some practical suggestions on how the main-stream transport facilities could be improved to make them more accessible to elderly people.
    • Energy law and policy in Nigeria with reflection on the International Energy Charter and domestication of the African Charter

      Ekhator, Eghosa; Agbaitoro, Godswill; University of Derby; University of Essex (Pretoria University Press, 2019-12)
      The aim of this chapter is to examine the benefits of the International Energy Charter (IEC) to signatory countries with a view to illustrating its future relevance and potential influence in respect of energy laws and policies in Nigeria. The intended outcome of the chapter is to highlight the critical role of the IEC in global energy governance and its impact on Nigeria. Moreover, it will discuss how the IEC has contributed to the ability of signatory countries to enhance international cooperation aimed at addressing common energy challenges while enabling them to harness their full energy resource potential. The research question sought to be answered is whether the IEC has the requisite elements to transform Nigeria’s energy laws and policies so as to bring about positive outcomes in the country’s energy sector. The chapter argues that lessons can be gleaned from the successful domestication and implementation of the African Charter on Human and Peoples’ Rights (African Charter) in Nigeria in this regard.
    • Enforcement strategies in Chinese capital market

      Huang, Flora; Liu, Junhai; University of Derby (Routledge, 2020-11-25)
      This chapter discusses the varieties of enforcement channels to protect investors, especially minority shareholders in the Chinese capital market. These channels include public enforcement by regulators such as the China Securities Regulatory Authority and the stock exchanges, and private enforcement in the form of litigations enabled by corporate and securities laws. Furthermore, alternative dispute resolutions are increasingly popular to resolve disputes. In this chapter, it is argued that all these enforcement channels together function as part of a comprehensive and integrated regulatory strategy to provide the much-needed law in action to support the phenomenal economic and financial growth in the country.
    • 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.
    • Enhancing the cognitive interview with an alternative procedure to witness-compatible questioning: category clustering recall

      Paulo, Rui M.; Albuquerque, Pedro B.; Vitorino, Fabiana; Bull, Ray; Bath Spa University; University of Minho; University of Derby; College of Liberal Arts, Bath Spa University, Bath, UK; School of Psychology, University of Minho, Braga, Portugal; School of Psychology, University of Minho, Braga, Portugal; et al. (Taylor and Francis, 2017-07-20)
      The Cognitive Interview (CI) is one of the most widely studied and used methods to interview witnesses. However, new component techniques for further increasing correct recall are still crucial. We focused on how a new and simpler interview strategy, Category Clustering Recall (CCR), could increase recall in comparison with witness-compatible questioning and tested if a Revised Cognitive Interview (RCI) with CCR instead of witness-compatible questioning and without the change order and change perspective mnemonics would be effective for this purpose. Participants watched a mock robbery video and were interviewed 48 hours later with either the CI or the RCI. Recalled information was classified as either correct, incorrect or confabulation. Although exclusion of the change order and change perspective mnemonics in the RCI group might have caused a slight decrease in recall during the last interview phases, the RCI group generally produced more correct information than the CI group, with a lower number of confabulations. Further analyses revealed CCR was largely responsible for this increase in correct recall. CCR is a very promising interview technique which allowed the interviewer to obtain more detailed information without additional questions and may have, in certain situations, several practical advantages over a questioning phase.
    • '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).
    • Evaluating interviews which search for the truth with suspects: but are investigators’ self-assessments of their own skills truthful ones?

      Walsh, Dave; King, Mick; Griffiths, Andy; University of Derby; Department of Social Sciences, University of Derby, Derby, UK; Department of Social Sciences, University of Derby, Derby, UK; Department of Social Sciences, University of Derby, Derby, UK (Taylor and Francis, 2017-03-09)
      Self-evaluation of one’s own performance has been found in prior research to be an enabler of professional development. The task of evaluation is also a core component of a model of the investigative interviewing of victims, witnesses and suspects, being increasingly used throughout the world. However, it remains the case that there has been little research as to how practitioners approach the task itself. The present study examined the topic through the lens of observing how effectively 30 real-life investigators in the UK undertook evaluation of their interviews, representing almost the entire investigative frontline workforce of a small law enforcement agency in this country. Using an established scale of measurement, both investigators’ and an expert’s ratings of the same sample of interviews were compared across a range of tasks and behaviours. It was found that in almost all the assessed behaviours, requiring of the investigators to provide a self-rating, their scores tended to significantly outstrip those applied to the sample by the expert. Reasons are explored for the investigators’ overstated assessments. Implications for practice are then discussed.
    • The Evolution of the Margin of Appreciation Doctrine: A Case of Diplomacy in International Human Rights Adjudication?

      Ita, Rachael; University of Derby (College of Law Humanities and Social Sciences, University of Derby, 2016)
      International human rights courts are faced with the challenge of protecting human rights standards whilst still acknowledging the sovereignty of member states from which they derive their authority. An important tool that is needed in such situations is an approach to the interpretation of the international human rights treaties that contemporaneously protects the rights of individuals and respects the sovereignty of the state parties. In this paper, it is argued that this form of interpretation that tries to strike a balance between these two competing interests of sovereignty on the part of the state, and the protection of the individual’s rights, is a ‘diplomatic’ approach to interpretation because it seeks to ensure a balance for both parties. The paper examines the margin of appreciation doctrine of the European Court of Human Rights (‘the Court’) and proffers it as an example of such a ‘diplomatic tool’ of interpretation. Through an examination of case law on the evolution of the margin of appreciation in the jurisprudence of the Court, it concludes that the fluid nature of the doctrine has made it a useful diplomatic tool of interpretation. The margin of appreciation doctrine remains a necessary part of international human rights in Europe and contributes to the continued legitimacy of the Court.
    • 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.
    • Examining the effects of violence and personality on eyewitness memory

      Pajón, Laura; Walsh, Dave; University of Derby; Department of Social Sciences, University of Derby, Derby, UK; Department of Social Sciences, University of Derby, Derby, UK (Taylor and Francis, 2017-05-24)
      Witnesses play a key role in criminal investigations. Research in estimator variables has aided criminal justice practitioners to estimate, post hoc, the likelihood of obtaining accurate testimony from a specific witness. Nonetheless, only a few studies have examined how violence and personality influence memory. The present study examines both variables with a student sample (N = 53). Participants were randomly divided between those who viewed a crime involving physical violence (n = 24) and those who watched an event that did not include physical violence (n = 29). Results found that physical violence increased the quantity of information recalled, and Honesty personality domain was positively correlated with memory performance. Nonetheless, the relationship between personality domains and memory performance appeared to be influenced and modified by the presence of physical violence. Under violent conditions personality domains of Emotionality and Openness appeared to be related with decreased memory accuracy, whereas Contentiousness appeared to be related with increased memory accuracy. This study enables a clearer picture to emerge of the effect that violence and personality have on memory and seeds the idea that claiming linear relationships between estimator variables and memory may be over-simplistic as variables appeared to be related among them when influencing eyewitness memory.
    • An exploration of perceptions of real-life suspects’ from the Asian Muslim community relating to the police interviewing practices in England

      Minhas, Rashid; Walsh, Dave; Bull, Ray; University of Derby; International Policing and Justice Institute, One Friar Gate Square, University of Derby, Derby, UK; International Policing and Justice Institute, One Friar Gate Square, University of Derby, Derby, UK; International Policing and Justice Institute, One Friar Gate Square, University of Derby, Derby, UK (Taylor and Francis, 2017-09-11)
      In England and Wales, the ‘war on terror’ has been argued to impact adversely on existing race relations policies. New legislation (such as wide discretionary powers of stop and search and arrest under the Terrorism Act (TA) 2000, the extension of pre-charge detention of 28 days (TA 2006), and the use of control orders to detain without trial), policing, and counter-terrorism measures may cast Muslims as the ‘enemy within’. The current research concerns real-life Asian Muslim suspects’ perceptions and experiences of police interviewing practices in England. This study involves semi-structured interviews with 22 people who had previously been interviewed as suspects throughout England. Around two-thirds of participants reported perceiving the demonstration of various stereotyping by police officers during interviews, half of whom indicated that the interviewers demonstrated racial/religious stereotypes via discriminatory behaviour. Given the potential and serious consequences of such racial/religious stereotypes and discriminatory behaviour, further training of police officers seems necessary to improve both interviewing performance and community cohesion.
    • Exploring investigative interviewing: A Dubai perspective

      Almansoori, Rashid; Milne, Rebecca; Bull, Ray; Forensic Science and Criminology General Department, Dubai Police, Dubai, United Arab Emirates; University of Portsmouth; University of Derby (Elsevier, 2020-03-14)
      Once a crime has been committed and reported, one of the main tasks of the police is to gather relevant information (Milne and Bull, 1999). An essential source for gathering such information is the investigative (or law enforcement) interview (Milne and Powell, 2010). Gudjonsson and Pearse (2011) noted that in the interest of fairness and justice, information gathered by the police has to be accurate, intelligible, coherent, and credible; whilst being obtained fairly and legally. This is especially true for sex crimes (one of the main crime types designated as ‘major crime’ in Dubai), where it is often a ‘word versus word’ challenge between the alleged victim and the alleged suspect (Kebbell et al., 2006). Suspects in sex crimes may also be more likely to deny their involvement due to perceived social condemnation (Thomas, 2002; Ward et al., 1997) which may add a layer of complexity to the interview process. This is particularly true in socially conservative countries, like the UAE. Studies examining police interviewing have been mainly conducted in English-speaking and European countries (Baldwin, 1992; Clarke and Milne, 2001; Häkkänen et al., 2009; Kassin et al., 2003; Kassin et al., 2007; Read et al., 2014; Vanderhallen et al., 2011; Volbert and Baker, 2016; Walsh and Bull, 2015; Westera et al., 2016) or in Far East Asia (Wachi et al., 2014; Goodman-Delahunty, 2016). The findings from these studies may not be entirely generalizable to countries whose culture and policing practices differ. For example, the police in the UAE (and Dubai) are tasked with taking statements only and cannot confront suspects with evidence, as this is part of the Public Prosecution's mandate. This study therefore examined Dubai police officers’ perceptions of interviewing individuals in major crime. This article starts with a brief overview of Dubai, its police force and interviewing laws before moving on to describe the method, results and discussion.