• '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.
    • 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.
    • 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.
    • First-generation immigrant judgements of offence seriousness: evidence from the crime survey for England and Wales

      Los, Greg; Ignatans, Dainis; Pease, Ken; University of Kent; University of Huddersfield; University College London (Springer, 2017-03-17)
      This exploratory paper delves into differences and similarities in the rated seriousness of offences suffered by victims of different national origins. The issue is important because a mismatch between police and victim assessments of seriousness is likely to fuel discord. It was found that first-generation immigrants did not differ in their rating of the seriousness of offences against the person from either the indigenous population or according to region of birth. However, those of Asian origin rated vehicle and property crime they had suffered as more serious than did other groups about crimes they suffered. The anticipated higher seriousness rating of offences reported to the police was observed for all groups. People of Asian origin reported to the police a smaller proportion of offences they rated trivial than did people in other groups. Analysis of seriousness judgements in victimization surveys represents a much-underused resource for understanding the nexus between public perceptions and criminal justice responses.
    • Food for thought – empowering consumers: a critique of EU food labelling law

      Meiselles, Michala; University of Derby (Irish Society of European Law, 2021)
      Intended to support a sensible and independent decision-making process by consumers whilst preventing the spread of misinformation, food information is an essential means of communication with consumers. This paper asks how the effectiveness of the current system of food information in the European Union (EU) can be improved from the point of view of the consumer? To answer this question, the author looks at the deficiencies of the existing regulatory framework to show that whilst the current structure provides consumers with comprehensive and reliable information, the mechanics of the system are inadequate. In light of these gaps, the paper advocates the position that the EU should consider introducing a mandatory FOPNL (front-of-package nutrition label) supported by an information campaign, aimed at enhancing the ability of consumers to use food information to make rational and healthy food choices. To this end, this paper looks at the existing regulatory framework (part 1) before exploring the literature on mandatory disclosure regulation and highlighting the problems associated with food information from the consumer’s perspective (part 2). In the final segment, this paper looks at FOPNLs and the way in which the latter can be combined with an information campaign to enhance consumer food labelling literacy.
    • 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)
    • 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)