Responding to Gender-based Violence in Scotland: The Scope of the Gender Equality Duty to Drive Cultural and Practical Change

This piece of research has its roots in well-established policy debates in Scotland. Following the passage of the Criminal Justice (Scotland) Act 2003, which introduced a new statutory aggravation for crimes motivated by religious prejudice, the then Scottish Executive convened a working group to explore and make recommendations on whether there was a case for similar provision for other social groups. The report and recommendations of the Hate Crime Working Group, published in 2004, recognised that the debate to introduce gender aggravation was one of the most contested issues which it had looked at, but it did not believe that at that stage it could recommend introducing such a provision. These debates re-emerged with Patrick Harvie’s member’s bill which was to become the Offences (Aggravation by Prejudice) (Scotland) Act 2009. The Equality and Human Rights Commission, along with many organisations in the women’s sector in Scotland, stated in its evidence on the bill that it did not believe that a statutory gender aggravation would be an effective additional criminal justice response to identifying and tackling crime motivated by gender prejudice. This of course begs the question about what is required to better address these types of crime. This piece of research, undertaken for the EHRC by the Scottish Centre for Crime and Justice Research, aims to be a useful contribution to this debate. It explores some of the arguments for and against a gender aggravation in Scots criminal law before considering the evidence thus far of the impact the Gender Equality Duty (GED) has had on Scotland’s criminal justice system, and makes a number of useful recommendations for the future. The EHRC subscribes to a gendered model of violence against women, which sees it as both a cause and consequence of wider gender inequality. We hope this report can help inform ongoing policy debate on criminal justice agencies’ response to violence against women, particularly in light of the new single equality duty which Scottish Ministers will in due course place on Scottish public authorities under powers conferred on them by the Equality Act 2010. We believe that the appropriate regulatory framework for public bodies working in this area is one of the prerequisites for further improving on Scotland’s record of identifying and tackling gender-based crime

Effects of Public Policies on the Disposition of Pre-retirement Lump-Sum Distributions: Rational and Behavioral Influences

A variety of public policies aim to influence workers’ disposition of preretirement lump-sum distributions (LSDs) from pensions. We use the implementation of several policy changes as natural experiments to test for rational and behavioral motives for saving behavior. Using data from the HRS and the CPS in the 1980s and 1990s, we find that higher tax rates on cash-outs increase rollovers. Controlling for the overall effective tax rate, structuring the tax as a “penalty” or adding withholding taxes on cashouts significantly increases rollovers. Allowing employers to unilaterally cash out balances for departing employees who do not make their own choice significantly reduces the effects of higher tax rates but boosts the impact of withholding taxes. These results suggest that both behavioral and rational factors influence workers’ choices, that policies relating to pre-retirement cash outs can interact in important ways, and that the government has several levers at its disposal to influence behavior beyond tax penalties.retirement;savings;behavioral;penalties;taxes

Lawyers and Domestic Violence: Raising the Standard of Practice

Lawyers and judges should be the vanguard of those working to end domestic violence and mitigate its effects, yet they are not. This article is an attempt to change that. It strives to shed some light on the profound effect domestic violence has on law and law practice, as well as the profound effect lawyers and the legal system can have on domestic violence. Part II of this article demonstrates the extent and pervasiveness of domestic violence. Part III describes how domestic violence will affect a lawyer\u27s practice. Part IV provides guidance on what a lawyer should do to determine if a prospective client or a current client is involved in domestic violence, and, if so, how the lawyer should assist the prospective client or client in taking measures to protect against future violence. Finally, Part V addresses a lawyer\u27s duty to warn non-clients of possible domestic violence by a client. This article is, in sum, about what a reasonable lawyer should know about domestic violence and what that reasonable lawyer should do with that knowledge