• 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.
    • International environmental governance: A case for sub-regional judiciaries in Africa

      Ekhator, Eghosa Osa; University of Derby (Palgrave Macmillam, 2020-08-21)
      Arguably, due to the non-justiciability of the right to environment doctrine in many African countries, Non-governmental Organisations (NGOs), activists, communities and individuals now utilise the sub-regional judiciaries in accessing justice in environmental issues. This chapter focuses on the Economic Community of West African States (ECOWAS) Community Court of Justice (ECCJ) and the East African Court of Justice (EACJ) because they are amongst the most active sub-regional judiciaries in Africa. The main question this chapter addresses is whether the rise of environmental governance or litigation in sub-regional judiciaries leads to better environmental protection for the victims and communities. The methodology adopted in this study is of a doctrinal nature that consists of library-based texts analysis. This paper undertakes a critical analysis of the emergent environmental governance under the sub-regional judiciaries in Africa.
    • 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.
    • Interviewing suspects: examining the association between skills, questioning, evidence disclosure, and interview outcomes

      Walsh, Dave; Bull, Ray; University of Derby (2015-04-09)
      The interviewing of suspects is an important element in the investigation of crime. However, studies concerning actual performance of investigators when undertaking such interviews remain sparse. Nevertheless, in England and Wales, since the introduction of a prescribed framework over 20 years ago, field studies have generally shown an improvement in interviewing performance, notwithstanding ongoing concerns largely relating to the more demanding aspects (such as building/maintaining rapport, intermittent summarising and the logical development of topics). Using a sample of 70 real-life interviews, the present study examined questioning and various evidence disclosure strategies (which have also been found demanding), examining their relationships between interview skills and interview outcomes. It was found that when evidence was disclosed gradually (but revealed later), interviews were generally both more skilled and involved the gaining of comprehensive accounts, whereas when evidence was disclosed either early or very late, interviews were found to be both less skilled and less likely to involve this outcome. These findings contribute towards an increased research base for the prescribed framework.
    • Investigative empathy: a strength scale of empathy based on European police perspectives

      Baker, Bianca; Bull, Ray; Walsh, Dave; University of Derby; De Montfort University (Taylor and Francis, 2020-05-14)
      A growing body of research suggests that empathy may play a major role in establishing and maintaining rapport during police interviews. The benefits of rapport include not only increased cooperation from interviewees, but also gaining more accurate investigation-relevant information. However, despite a large amount of research on empathy which already exists, there still is, unfortunately, no universally agreed-upon definition and very little research on operationalizing and implementing appropriate forms of empathy, especially within the realm of investigative interviewing. Therefore, the present study was conducted with the goal of better understanding empathy from a police perspective and developing a way to assess and operationalize empathy for use in police interviews with suspects of high risk crimes (particularly with sex offences). The study considers police interviewers’ varying definitions of empathy in seven European countries, along with other factors. It analyzed police interviewers’ self-reports regarding their (i) training and methods employed during interviews, (ii) application of empathy in interviews, and (iii) definitions/understanding of empathy. Based on their answers, the various definitions of empathy were compiled and then placed on a new strength scale. It was found that officers in all participating countries varied within each country in their use of accusatory or information-gathering interview styles, suggesting that the methods employed were not systematically and uniformly taught and/or applied. The majority of participants in each country claimed to currently employ empathy in their interviews with suspects, yet they varied on their strength of the definitions provided. In no country was empathy considered useless in interviews and in no country was empathy defined as having aspects that may not be conducive to investigative interviewing.
    • Investigative empathy: Five types of cognitive empathy in a field study of investigative interviews with suspects of sexual offences

      Baker-Eck, Bianca; Bull, Ray; Walsh, Dave; University of Derby; De Montfort University (International Investigative Interviewing Research Group, 2021-04)
      Empathy in investigative interviews has increasingly become a focus in the recent literature on investigative interviewing as its implementation may aid in building and maintaining rapport. Displaying empathy in interviews is claimed to have positive impacts on the provision of investigation relevant information and the cooperation of interviewees. However, the literature currently omits practically operationalizing empathy, which would provide a means of implementing it effectively in investigative interviews. As such, the present study examines empathic displays by interviewers employed in interviews with suspects of high-risk crimes such as sexual offences in order to see what types are applied as a step towards identifying and possibly defining/operationalizing empathy during investigative interviews in the future. 19 audio-tapes of police interviews with suspects of sexual crimes in England and Wales conducted by experienced police interviewers were coded for their empathic displays and suspects’ level of cooperation throughout the interviews. Five different types of empathy were found to be employed. Interviews that had higher levels of suspect cooperation involved all five types of investigative empathy, whereas interviews in which fewer types of empathy were displayed had less cooperation (by offering less or no information). Thus, the use of investigative empathy in investigative interviews can indeed be recommended.
    • 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.
    • Law–finance–growth nexus in the context of Africa

      Huang, Flora; Yeung, Horace; University of Essex (De Gruyter, 2018-04-26)
      This article seeks to put the law–finance–growth nexus into the context of Africa. As of 2017, the African Securities Exchanges Association has 27 securities exchanges as full members. The Johannesburg Stock Exchange is the most developed of all, especially with respect to its market capitalization. Its socio-legal proximity with the English system may provide a good explanation to its phenomenal growth relative to the rest in the region. However, such a socio-legal proximity is indeed shared by a number of other former British colonies such as Nigeria and Zimbabwe. Law alone may not account for the rise of the Johannesburg Stock Exchange. Furthermore, this article seeks to argue whether there is a genuine need for the African countries to have a stock market, which requires highly evolved legal, market and governmental institutions and norms that often do not pre-exist in these countries. On the one hand, the article will look at Africa in general. On the other hand, it will put certain discussions into the context of selected African countries.
    • Legal skills

      Cherkassky, Lisa; University of Bradford (Palgrave Macmillan, 2011)
    • A lesson on interrogations from detainees: Predicting self-reported confessions and cooperation

      Snook, Brent; Brooks, Dianna; Bull, Ray; University of Derby (Sage, 2015-09-21)
      The ability to predict confessions and cooperation from the elements of an interrogation was examined. Incarcerated men (N = 100) completed a 50-item questionnaire about their most recent police interrogation, and regression analyses were performed on self-reported decisions to confess and cooperate. Results showed that the likelihood of an interrogation resulting in a confession was greatest when evidence strength and score on a humanitarian interviewing scale were high, and when the detainee had few previous convictions or did not seek legal advice. We also found that the level of cooperation was greatest when the humanitarian interviewing score was high, and when previous convictions were low. The implications of the findings for interrogation practices are discussed.
    • Linking different types of crime using geographical and temporal proximity

      Tonkin, Matthew; Woodhams, Jessica; Bull, Ray; Bond, John W.; Palmer, Emma J.; University of Leicester (2011)
      In the absence of forensic evidence (such as DNA or fingerprints), offender behavior can be used to identify crimes that have been committed by the same person (referred to as behavioral case linkage). The current study presents the first empirical test of whether it is possible to link different types of crime using simple aspects of offender behavior. The discrimination accuracy of the kilometer distance between offense locations (the intercrime distance) and the number of days between offenses (temporal proximity) was examined across a range of crimes, including violent, sexual, and property-related offenses. Both the intercrime distance and temporal proximity were able to achieve statistically significant levels of discrimination accuracy that were comparable across and within crime types and categories. The theoretical and practical implications of these findings are discussed and recommendations made for future research.
    • 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.
    • The meaning of "wrong" in the M'Naghten test

      Cherkassky, Lisa; University of Bradford (2009)
    • NHS values of data management

      Grace, Jamie; University of Derby (Mark Allen Healthcare, 2009-02)
    • On whom does the burden of crime fall now? Changes over time in counts and concentration.

      Ignatans, Dainis; Pease, Ken; University of Huddersfield; University College London; University of Huddersfield, UK; University College London, UK (Sage, 2015-11-03)
      A recent publication (Ignatans and Pease, 2015) sought to examine the changed distribution of crime across households in England and Wales over a period encompassing that of the crime drop common to Western countries (1982–2012). It was found that while crime against the most victimised households declined most in absolute terms, the proportion of all crime accounted for by those most victimised increased somewhat. The characteristics associated with highly victimised households were found to be consistent across survey sweeps. The pattern suggested the continued relevance to crime reduction generally of prioritising repeat crimes against the same target. The present paper analyses the changed distribution of crime by offence type. Data were extracted from a total of almost 600,000 respondents from all sweeps of the Crime Survey for England and Wales (CSEW) 1982–2012 to determine which types of victimisation became more or less concentrated across households during the overall crime drop. Methodological issues underlying the patterns observed are discussed. Cross-national and crime type extension of work of the kind undertaken here are advocated as both intrinsically important and likely to clarify the dynamics of the crime drop.
    • One country two systems as bedrock of Hong Kong's continued success: Fiction or reality?

      Huang, Flora; Yeung, Horace; University of Essex (Boston College, 2015-05-01)
      Despite the handover of sovereignty over Hong Kong from the United Kingdom to China in 1997, the principles of “one country two systems” reaffirmed the autonomy of Hong Kong in a number of respects. In accordance with the Sino-British Joint Declaration and Basic Law of Hong Kong, the city is able to enjoy a high degree of autonomy over the systems and policies practiced locally, including social and economic systems, as well as the executive, legislative and judicial systems. Additionally, with its image as a robust financial market largely thanks to the institutions inherited from its colonial era, Hong Kong is able to attract a number of financial activities from China and has firmly established itself as a leading international financial center. Nonetheless, there have been concerns that the advantages of Hong Kong started to fade after its reunification with China. This Article seeks to analyze how Hong Kong’s capitalist system shields the city from the socialist system of China under the principles of “one country two systems,” allowing the city to maintain its position as a premier financial center. It explores the regulatory gap between Hong Kong and China, illustrating that Hong Kong’s strength stems from the operation of a strong company and financial law regime independent of the legal regime in China.
    • One way or another? Criminal investigators' beliefs regarding the disclosure of evidence in interviews with suspects in England and Wales

      Walsh, Dave; Milne, Becky; Bull, Ray; University of Derby (Springer, 2015-07-11)
      The research base concerning interviews with suspects remains to be comprehensively developed. For example, the extant literature provides differing views regarding how best to undertake the important interview task of disclosing evidence. In the current study, using a self-report questionnaire, 224 investigators based in England and Wales were asked as to their own preferred methods. Most respondents advocated a gradual method of disclosing evidence, stating that this approach would better reveal inconsistencies and obtain a complete version of events (similar to the reasoning of those who preferred disclosing evidence later). Those who advocated revealing evidence early stated this approach would more likely elicit confessions. Several respondents would not commit to one single method, arguing that their chosen strategy was contextually dependent. The study’s findings suggest that it remains arguable as to whether there is one best approach to evidence disclosure and/or whether particular circumstances should influence interviewing strategies.