Aligning policy and law? The creation of a domestic abuse offence incorporating coercive control

Since 2000, the Scottish Government has adopted a gendered definition of domestic abuse which explicitly positions it as both a cause and a consequence of gender inequality. Following the launch of a new strategy to prevent and eradicate violence against women and girls, the Scottish Government announced proposals to create, for the first time, a bespoke offence of domestic abuse, designed to encompass the spectrum of abusive acts that constitute domestic abuse, including emotional and psychological abuse. The new offence is intended to better reflect the experience of victims subject to coercive control, improve the criminal justice response and facilitate access to justice. It represents one of the most radical attempts yet to align the criminal justice response with contemporary policy and feminist conceptual understanding of domestic abuse as a form of coercive control. Drawing on feminist scholarship which has interrogated the value of law reform, we critically assess the scope of the legislation, the likely challenges associated with its use in the Scottish context, and the potential for unintended consequences

Trolling in asynchronous computer-mediated communication: From user discussions to academic definitions

Whilst computer-mediated communication (CMC) can benefit users by providing quick and easy communication between those separated by time and space, it can also provide varying degrees of anonymity that may encourage a sense of impunity and freedom from being held accountable for inappropriate online behaviour. As such, CMC is a fertile ground for studying impoliteness, whether it occurs in response to perceived threat (flaming), or as an end in its own right (trolling). Currently, first and secondorder definitions of terms such as im/politeness (Brown and Levinson 1987; Bousfield 2008; Culpeper 2008; Terkourafi 2008), in-civility (Lakoff 2005), rudeness (Beebe 1995, Kienpointner 1997, 2008), and etiquette (Coulmas 1992), are subject to much discussion and debate, yet the CMC phenomenon of trolling is not adequately captured by any of these terms. Following Bousfield (in press), Culpeper (2010) and others, this paper suggests that a definition of trolling should be informed first and foremost by user discussions. Taking examples from a 172-million-word, asynchronous CMC corpus, four interrelated conditions of aggression, deception, disruption, and success are discussed. Finally, a working definition of trolling is presented

One-punch laws, mandatory minimums and ‘alcohol-fuelled’ as an aggravating factor: implications for NSW criminal law

Abstract: This article critically examines the New South Wales State Government’s latest policy response to the problem of alcohol-related violence and anxiety about ‘one punch’ killings: the recently enacted Crimes and Other Legislation Amendment (Assault and Intoxication) Act 2014 (NSW). Based on an analysis of both the circumstances out of which it emerged, and the terms in which the new offences of assault causing death and assault causing death while intoxicated have been defined, I argue that the Act represents another example of criminal law ‘reform’ that is devoid of principle, produces a lack of coherence in the criminal law and, in its operation, is unlikely to deliver on the promise of effective crime prevention in relation to alcohol-fuelled violence

Estimating the costs of crime in New Zealand in 2003/04

We estimate that the total costs of crime in New Zealand in 2003/04 amounted to $9.1 billion. Of this, the private sector incurred$7 billion in costs and the public sector $2.1 billion. Offences against private property are the most common crimes but offences against the person are the most costly, accounting for 45% of the total estimated costs of crime. Empirically-based measures like those presented here – the total and average costs of crime by category – are a useful aid to policy analysis around criminal justice operations and settings. However, care needs to be taken when interpreting these results because they rely considerably on assumptions, including the assumed volume of actual crime, and the costs that crime imposes on victims. This difficulty in constructing robust estimates also implies that care should be taken not to draw conclusions about whether the Government should be putting more or less resources into any specific categories of crime, based on their relative costs alone.crime; justice; costs; New Zealand

Viruses without vaccines, or valuing indigenous research? The tensions of introducing Western research assessment practices into an indigenous university

Over my past twenty-five years of educational practice, I have striven to develop a better understanding of indigenous ways of being and doing (in New Zealand’s case, this involves the values and knowledge of Māori). I have done this by visiting and occasionally staying on marae (Māori gathering-places); by reading relevant literature; by engaging in conversations with knowledgeable scholars and by researching the impact of Western practices on indigenous peoples. In 2003 I managed a research team for Te Wānanga o Aotearoa, a Māori tertiary institution with branches across the country. Our Tertiary Education Commission had just introduced a variation of the English RAE, called the Performance-Based Research Fund, through which government research funds would henceforth be distributed. In collaboration with Māori colleagues, we chose to enter this process, believing that Māori research would be recognised and funded by our participation. While this proved to be the case, there were significant examples of values clashes, such as the requirement for people to ‘boast’ of their research achievements in a context where such boasting is anathema; to claim ownership of knowledge where tradition often indicates that knowledge is not the property of individuals; and worst, at one point I found myself accused by my Māori manager of introducing ‘viruses without vaccines’. By this he meant Westernised ideas and practices which appeared to be benevolent but in fact were toxic (the idea derives from white settlers who apparently gave native Americans blankets permeated with a virus, causing thousands to die). In this paper I will explore tensions of operating cross-culturally, and whether/how we can protect people from unintended toxic consequences of intended benevolent actions

Criminalizing songs and symbols in Scottish football:how anti-sectarian legislation has created a new ‘sectarian’ divide in Scotland

Since the 1990s, the regulation of football fans has increasingly shifted from the policing of actions to the policing of words. With this in mind, this article looks at the impact of the anti-sectarian ‘industry’ in Scotland. In particular, it looks at the impact that legislation in Scotland, that criminalized football fans’ songs and chants, has had on Glasgow Celtic, and especially Glasgow Rangers, supporters. The article is based on participatory action research with football supporters in Glasgow who were opposing the Offensive Behaviour at Football Bill, in 2011. Through this work, two issues became necessary to address; firstly, the impact of the anti-sectarian ‘industry’ in Scotland, which has grown precisely at a time when sectarianism appears to be declining, and secondly, the emergence of a new tension, divide or form of intolerance, which is developing amongst fans (particularly Glasgow Rangers fans), that has been created by this anti-sectarian industry