Digital Commons Network^™

Laspo: Balancing Access To Justice With Legal Austerity In Private Family Law, Anna Parson

The Plymouth Law and Criminal Justice Review

No abstract provided.

A Critical Analysis Of The Investigative And Procedural Powers Of The European Commission In Implementing Competition Law, Bobbie Ryan

The Plymouth Law and Criminal Justice Review

No abstract provided.

The Duchy Of Cornwall And The Principle Of Crown Immunity, Part Ii: Is The Duchy Free To Break The Law Without Criminal Sanction?, John Kirkhope

The Plymouth Law and Criminal Justice Review

No abstract provided.

The Evolving Interface Between European Competition Law And Intellectual Property Rights: Is There A Balance To Be Achieved?, Cara O'Donoghue

The Plymouth Law and Criminal Justice Review

A comprehensive debate on the interface between IP (Intellectual Property) and European competition law has emerged over the past 50 years. The initial section of this article examines the gradual development of this conflicting relationship between the two laws. This is followed by an extensive analysis of the relevant precedent, focusing specifically on the significant rulings in Microsoft and IMS Health. The analysis explores the European competition authorities' preference to protect competitors' interests over achieving the general consensus for efficiency in the market and tackles the complex question of whether IP holders should be burdened with the responsibility of safeguarding …

The Utility Of Key Hate Crime Concepts, Katie Pratt

The Plymouth Law and Criminal Justice Review

This paper seeks to ascertain what exactly are the most important or relevant aspects of hate crime that we need to understand in order to address this most pernicious of acts. Whilst the UK conceptualization of hate crime was borne out of mass media attention on some key violent events, the official responses that followed were heavily shaped by a populist punitive view of how to address the issue. This paper discusses the limitations of the understanding of this issue and instead suggests a broader view of the underlying issue and causal factors as representative of patterns of prejudice and …

The Absent Voice Of Male Domestic Abuse Victims: The Marginalisation Of Men In A System Originally Designed For Women, Coralie Wright

The Plymouth Law and Criminal Justice Review

The problematic construction of domestic abuse as a 'gendered, heterosexual phenomenon that is predominantly physical in nature' has served to marginalise male victims of domestic abuse (Donovan and Hester, 2010:279), and impeded them from reaching victim status (Josolyne, 2011). As such, in comparison to women, men receive less recognition as victims within society, and support services are tailored towards the needs of female victims. Relatively little research has been undertaken on the experiences of male victims of domestic abuse, and thus it remains unclear how it is best to support them. This study adopts a qualitative approach to explore the …

A Point Of Justice - Granted Or Fought For? Women's Suffrage Campaigns In Plymouth And The West Country, Judith Rowbotham, Kim Stevenson

The Plymouth Law and Criminal Justice Review

The release of the film Suffragette in October 2015, surprisingly the first major feature film on the women's suffrage movement, has raised public consciousness about the issue of women's rights and the role of the suffragettes in demanding votes for women with their call to arms of 'deeds, not words'. But decades before the Women's Social and Political Union was created in 1903 campaigners across the country had begun the struggle for emancipation for women. We argue that the film therefore needs to be seen in a wider context including the high level of male support for the cause and …

Does Julian Assange Illustrate A Gap In Law That Should Be Codified?, Hamish Tye

The Plymouth Law and Criminal Justice Review

This article dissects the legality and purpose of diplomatic asylum, an intrinsically controversial area of international law. It becomes evident that diplomatic asylum residing in a grey area of international law suits many states. It provides an opportunity to reject diplomatic asylum as illegal when it suits a state but grant diplomatic asylum when an opportune moment arises. I conclude that it would be appropriate to introduce a form of diplomatic asylum internationally. Diplomatic asylum appears as a legal concept which persists in providing politically persecuted individuals protection regardless of the criticism grants of diplomatic asylum receive. Therefore Julian Assange …

The Soviet Legacy: Crime And Punishment In Latvia, Arta Jaili Idrissi

The Plymouth Law and Criminal Justice Review

The overall aim of this paper is to explore the operation of the Latvian penal system and to examine the impact of physical prison conditions on social relationships among prisoners and key stakeholders, such as prison officers and administration staff. Specifically the research aims to explore how prison conditions affect the interpersonal relationships and social order among prisoners and prison staff. If prison's overriding goals of reform and rehabilitation are to be achieved, prisoners as well as prison staff need to be asked how this can be accomplished better (redesigning the prison environment, receiving adequate assistance throughout the sentencing and …

A Naval 'Fracas': From Boat Race To Bounce, Dale Teobald

The Plymouth Law and Criminal Justice Review

No abstract provided.

Editorial, Kim Stevenson, Lesley Simmonds, Jason Lowther

The Plymouth Law and Criminal Justice Review

No abstract provided.

The Animals Act 1971 Places A Disproportionate Burden On The Keepers Of Animals And Is In Need Of Reform, Abigail Saunders

The Plymouth Law and Criminal Justice Review

The purpose of this paper is to determine whether the Animals Act 1971 places a disproportionate burden on the keepers of animals and whether it is in need of reform. The law prior to the Act will be considered in order to identify the problems that led to the current law. An analysis of the application of the Act and the case law follows to identify any problems with the current law. This paper will also focus specifically on damage caused by horse riding accidents due to the fact that it is a high risk sport and injuries will arise. …

Legal High Use Among Young Adults In The South-West Rave/Party Community: Implications For Uk Drug Policy, Patrick Allen

The Plymouth Law and Criminal Justice Review

The UK government has struggled with controlling the legal high problem since the emergence of mephedrone in 2009. Academic research has provided detailed knowledge on how people perceive these substances, mainly focusing on mephedrone, but has yet to identify a viable solution to escalating usage and availability. This research aimed to determine young adults' (18-26) current perceptions of legal highs and to assess how this might help government shape current proposed policy and futurelegislation more successfully. It also examined the under-researched moralistic interpretations of legal highs. Qualitative research was undertaken in the form of in-depth, semi-structured interviews with 14 experienced …

The Changing Face Of Domestic Abuse Service Provision, Gemma Henderson

The Plymouth Law and Criminal Justice Review

This article aims to explore the changing reality of domestic abuse service provision to victims of domestic abuse in the South West of England. By interviewing the professionals who work with the victims, it explores how cuts to funding is altering provisions for victims and multi-agency working and the realities of the move to tendering via the commissioning process. Results illustrate that austerity measures and government reforms have negatively affected domestic abuse service provision over recent years. Not only are there fewer services available but also changes in social policy are forcing the specialist domestic abuse charities to be replaced …

Shattering The Glass Ceiling In International Adjudication, Nienke Grossman

All Faculty Scholarship

The Article shows that women are found in dramatically low numbers on the benches of the majority of the world’s most important international courts, analyzes the causes of this phenomenon and proposes and evaluates solutions. It establishes that the number of women in the pool of potential judges does not appear to dictate how many women become international judges. It shows, too, that when selection procedures are closed and opaque, and there is no quota or aspirational target for a sex-balanced bench, women obtain international judgeships in disproportionately low numbers. On the other hand, when a quota or aspirational target …

Achieving Sex-Representative International Court Benches, Nienke Grossman

All Faculty Scholarship

Twenty-five years ago, in this Journal, Hilary Charlesworth, Christine Chinkin, and Shelley Wright argued that the structures of international law “privilege men.”1 As shown in Table 1, which summarizes data from a forthcoming article, on nine of twelve international courts of varied size, subject-matter jurisdiction, and global and regional membership, women made up 20 percent or less of the bench in mid 2015.2 On many of these courts, the percentage of women on the bench has stayed constant, vacillated, or even declined over time.3 Women made up a lower percentage of the bench in mid 2015 than in previous years …

Public Laws And Private Lawmakers, Kimberly L. Wehle

All Faculty Scholarship

The Obama Administration's "Clean Power Plan" for addressing industrial carbon emissions is controversial as a matter of environmental policy. It also has important constitutional implications. The rule was initially crafted not by officers or employees of the Environmental Protection Agency, but by two private lawyers and a scientist with industry ties. Private parties operate extra-constitutionally, and no existing legal doctrine tethers constitutional scrutiny to the nature of the power delegated to them. The nondelegation doctrine applies to delegations by Congress-not to agencies' subdelegations of legislative power to private parties. The other doctrinal lens for reviewing rulemaking by entities other than …

Decriminalizing Violence: A Critique Of Restorative Justice And Proposal For Diversionary Mediation, M. Eve Hanan

All Faculty Scholarship

The movement to reduce over-prosecution and mass incarceration has focused almost exclusively on non-violent offenders despite data showing that over half of all prisoners incarcerated within the United States are sentenced for crimes of violence. As a consequence of the focus on nonviolent offenses, the majority of current and future defendants will not benefit from initiatives offering alternatives to criminal prosecution and incarceration.

A discussion of alternatives to the criminal justice system in cases of violent crime must begin by acknowledging that violent crime is not monolithic. Many incidents meet the statutory elements of a violent crime, that is, the …

An Exploration Of Attachment Strategies Among Young People Who Engage In Harmful Sexual Behaviour, Bartosz Zaniewski

Other Faculty of Health Theses

Background: It is estimated that adolescent offenders account for 65% of contact child sexual abuse. A range of explanatory theories and models of intervention have been proposed. These are mainly based on cognitive theories with Cognitive Behavioural Therapy (CBT) and psycho-education remaining as the dominant models of treatment intervention. This research explored the issue of harmful sexual behaviour from the psychosocial perspective, drawing on attachment theory and social constructionism. Aim: The research explored attachment strategies among young people with harmful sexual behaviour. It examined young people’s understanding and explanations regarding their sexually abusive behaviour. This included an exploration of how …

Immigration Policy And The Role Of Political Discourses In The Relationship Between Foreign Nationals And Crime In England And Wales, Khamael Hasan Naji Al-Faris

Other Faculty of Arts, Humanities and Business Theses

Significant criminological attention has been given to the relationship between immigration and crime. However, this relationship has not been researched in the UK to any great extent, and consequently the information on the UK context is limited. This research investigates how the criminality of foreign nationals have been constructed by examining the nature of immigration policy, foreign criminality discourses, and the media in the UK to understand how crime in particular has been used to define, refine, and inform control of immigrants. This study refers to the legislative, policy, and political factors that underpin this process, and particularly explains how …

Doing Community Safety By Locality Working: Regime Theory And Micro-Climates Of Crime And Disorder Co-Governance, Neil Chappell

Other Faculty of Arts, Humanities and Business Theses

The co-governance of crime and disorder and the involvement of the public within quasi-deliberative consultations of participatory forums to this end has been the subject of significant bodies of research (Clarke et al, 2007, Barnes, Newman and Sullivan: 2007). Such forums were applied to the micro-level of the neighbourhood during New Labour’s tenure in office in an attempt to reduce crime and disorder and to improve the responsiveness of service delivery. This has created situations whereby the governance of communities has been shifted to the micro-level of the neighbourhood (Stoker: 2004). Hughes and Edwards (2005) have proposed examining these micro-climates …

Community Planning, Community Safety And Policing: A Local Case Study Of Governance Through Partnership, Gareth Addidle

Other Faculty of Arts, Humanities and Business Theses

The Local Government in Scotland Act (2003) introduced Community Planning as a statutory responsibility in Scotland. The main aims of community planning are described as “making sure people and communities are genuinely engaged in the decisions made on public services which affect them; allied to a commitment from organisations to work together, not apart, in providing better public services” (Scottish Executive, 2003a). For the police, this implied the need to create ‘local solutions to locally identified concerns’ (Strathclyde Police, 2004, p2) and to adopt a holistic approach to community safety which is problem oriented rather than organisation led (Crawford, 1998, …

An Qualitative Study Of The Meaning High School Students Ascribe To Occult Media Consumption, Jalisha Tolbert

Master's Theses

This qualitative research design explored how high school students ascribe meaning to occult media in pop culture, and it explore possible effects of occult consumption impacting their life aspirations. The research conducted at a high school located on the west side of Chicago, Illinois with a sample size of 10 students from the eleventh grade. First, an exploratory assessment will show how youth ascribe meaning to occult media consumption, and in turn, qualitative interviews presented whether it imposed any effects on life aspirations. The qualitative methods included a qualitative interview, where the researcher asked each participant to explore the meaning …

Global Human Trafficking: New Insights On An Old Crime, Joanna Surma

Master's Theses

Thousands of men, women, and children become victims to human trafficking each year. Almost every country in the world is affected by this heinous crime. Human trafficking exists in many different forms including sexual exploitation, slavery, forced labor or servitude, the removal of organs, child soldiers, etc. Despite the age-old practice being traced back to the 13th century, it continues to exist and even grow today. Unfortunately, not much research is available on the topic. Combating human trafficking is a growing priority for many governments; however, certain obstacles to data collection and analysis continue to exist. Recently, a new study …

'Robin Hood The Brute: Representations Of The Outlaw In Eighteenth Century Criminal Biography, Stephen Badeo

SOLON Law, Crime and History (previously SOLON Crimes and Misdemeanours: Deviance and the Law in Historical Perspective)

Eighteenth century criminal biography is a topic that has been explored at length by both crime historians such as Andrea McKenzie and Richard Ward, as well as literary scholars such as Lincoln B. Faller and Hal Gladfelder. Much of these researchers' work, however, has focused upon the representation of seventeenth and eighteenth century criminals within these narratives. In contrast, this article explores how England's most famous medieval criminal, Robin Hood, is represented. By giving a commentary upon eighteenth century Robin Hood narratives, this article shows how, at a time of public anxiety surrounding crime, people were less willing to believe …

Evolving Standards Of Decency: The Intersection Of Death Penalty Theory And Supreme Court Jurisprudence, Rachel S. Sullivan

Senior Independent Study Theses

The American death penalty must be abolished in order to establish a more just system of punishment. This thesis examines the arguments of eight political theorists and their connections with five essential Supreme Court cases on capital punishment in order to determine the Court's theoretical view of the American death penalty. This theoretical view is that justices who affirm the constitutionality of capital punishment use philosophical theories, while justices who critique capital punishment rely upon context-dependent analyses. If the Court ever rules that capital punishment is unconstitutional in all circumstances, these latter theories will be dispositive.

When Do Black Lives Matter?: An Experimental Analysis Of White American Support For Black Social Movements, Latrice M. Burks

Senior Independent Study Theses

The BlackLivesMatter Movement has caught the media’s eye as it addresses racism in our criminal justice system. However, there seems to be a racial divide in support for this race-based movement, namely, black Americans tend to be supportive of the cause, and white Americans appear to be less so. Previous literature suggests that an emotional reaction to injustice, specifically moral shock, may trigger cross-racial support for race-based movements. In addition, racial attitudes can also be influential on cross-racial social movement support. This experimental analysis explores under what conditions white Americans will support a black social movement, one that does not …

Opportunity And Empowerment In Female Prison Reentry In Wooster, Oh, Zoe E. Cunningham-Cook

Senior Independent Study Theses

This study investigates the process of reentry after prison for women in Wooster, Ohio, using theories of morality and punishment by Durkheim and Foucault, general strain theory by Broidy and Agnew, and intersectionality by Hill Collins. Both quantitative and qualitative data was collected to gain a broad understanding of this particular court system and the people involved in it. Statistics on the people sentenced to prison through this court from January 2012 to October 2015 were gathered and analyzed to learn of the demographics of those sentenced to prison and how different backgrounds, especially gender, affect the charge and sentence …

Decriminalization, Regulation, Privatization: A Response To Professor Natapoff, Darryl K. Brown

Vanderbilt Law Review En Banc

No abstract provided.

Transforming The System, India Thusi, Robert L. Carter

Books & Book Chapters by Maurer Faculty

Our criminal justice system must keep all communities safe, foster prevention and rehabilitation, and ensure fair and equal justice. But in too many places, and in too many ways, our system is falling short of that mandate and with devastating consequences. The United States is saddled with an outdated, unfair, and bloated criminal justice system that drains resources and disrupts communities.

The U.S. prison population has swelled to unprecedented levels and unequal, unjustified treatment based on race and ethnicity is well documented. People of color, particularly Native American, African American, and Latino people, have felt the impact of discrimination within …