127 research outputs found
Staff experience of harassment and stalking behaviour by patients
Staff from one National Health Service (NHS) Trust in England completed an online survey (N = 590) about their experience of intrusive behaviours from patients. These experiences were categorised into either stalking or harassment and compared in terms of staff and patient characteristics, types of intrusions, and aftermath. Overall, 150 were classified as being stalked (25.4%) and 172 harassed (29.2%). There were no differences in staff characteristics between the two groups. Staff from forensic services and nursing staff were particularly susceptible to these intrusions which took many forms. Respondents perceived a range of causes for the stalking and harassment, the most common being to gain power and control/to scare. It was rare for legal sanctions to be brought against the patient. Our findings reinforce the need for service providers to have policies supported with preventative measures, education and a robust process for addressing stalking so that these measures are embedded in practice in a way that supports staff working with patients. Furthermore, service providers should be challenged on what steps they have taken to prevent, and monitor, such behaviour
Honor-Based Abuse in England and Wales: Who Does What to Whom?
Key findings are presented from an empirical study profiling 1,474 cases of honor-based abuse (HBA) known to police and victim services in England and Wales. Thematic and quantitative (regression) analyses were used to investigate whether and how HBA differed from other forms of domestic abuse and forced marriage. A new typology of HBA is proposed, based principally on the relationship(s) between victim and perpetrator(s). Interpreted within an overarching lens of gender-based violence, it is argued that Type 1 (partner abuse) and Type 3 (partner plus family abuse) are culturally specific forms of domestic abuse, whereas Type 2 (family abuse) is distinct
The ideology and discourse of the English Defence League: ‘Not racist, not violent, just no longer silent’
The English Defence League (EDL) emerged in 2009 and quickly became a major ‘anti-Islamist’ street protest movement, able to attract thousands to its national demonstrations. Despite the violence and anti-Muslim rhetoric associated with its protests, the group claims to be an anti-racist human rights organisation dedicated to protecting liberal freedoms. This article employs a critical methodology to address these claims, analysing EDL literature alongside strategies identified as typical of racist discourse construction. The representations, narratives and rhetorical strategies used by the group support the analysis of EDL Islamophobia as a form of cultural racism that constructs opposing ‘British’ and ‘Muslim’ subjects and functions to maintain traditional ethno-cultural dominance of the former over the latter
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Complaints of rape and the criminal justice system: Fresh evidence on the attrition problem in England and Wales
The UK has one of the lowest conviction rates for rape in Europe. This article presents unique evidence on the factors that influence the attrition of rape allegations in the English criminal justice system. The study is based on a large, representative sample of rape allegations reported to the London Metropolitan Police, the UK’s biggest police force. The dataset contains unprecedented detail on the incident, victim, suspect and police investigation. The results lend support to the influence of some rape myths and stereotypes on attrition. These findings suggest that further central factors include the ethnicity of the suspect as well as what police officers and prosecutors perceive as evidence against the truthfulness of the allegation: the police record noting a previous false allegation by the victim, inconsistencies in the victim’s account of the alleged rape, and evidence or police opinion casting doubt on the allegation
Gender ‘hostility’, rape, and the hate crime paradigm
This article examines whether crimes motivated by, or which demonstrate, gender ‘hostility’ should be included within the current framework of hate crime legislation in England and Wales. The article uses the example of rape to explore the parallels (both conceptual and evidential) between gender‐motivated violence and other ‘archetypal’ forms of hate crime. It is asserted that where there is clear evidence of gender hostility during the commission of an offence, a defendant should be pursued in law additionally as a hate crime offender. In particular it is argued that by focusing on the hate‐motivation of many sexual violence offenders, the criminal justice system can begin to move away from its current focus on the ‘sexual’ motivations of offenders and begin to more effectively challenge the gendered prejudices that are frequently causal to such crimes
Violent and victimized bodies: sexual violence policy in England and Wales
This paper uses the notion of the body to frame an archaeology of sexual violence policy in England and Wales, applying and developing Pillow’s ideas. It argues that the dominant construction is of sexual violence as an individualized crime, with the solution being for a survivor to report, and with support often instrumentalized in relation to criminal justice objectives. However, criminal justice proceedings can intensify or create further trauma for sexual violence survivors. Furthermore, in addition to criminalizing the violent body and supporting the victimized one, there is a need for policy to produce alternative types of bodies through preventative interventions. Much sexual violence is situated within (hetero) sexual dynamics constructing a masculine aggressor and a feminine body which eventually yields. Prevention must therefore focus on developing embodied boundaries, and narratives at the margins of policy could underpin such efforts
The police, sex work, and Section 14 of the Policing and Crime Act 2009
This article considers the origins and aims of Section 14 of the Policing and Crime Act 2009 and the offence of paying for the sexual services of a prostitute who has been subject to exploitative conduct; this offence is one of ‘strict liability’. Section 14 was implemented on 1 April 2010 and using the Freedom of Information Act 2000 the authors have attempted to show the number of times Section 14 has been used by the police in England and Wales since the Act became law; how the Act has been used and the outcome of the use of this section
Legal professionals and witness statements from people with a suspected mental health diagnosis
Individuals with mental health problems are considered to be part of a group labeled ‘vulnerable’ in forensic psychology literature and the legal system more generally. In producing witness statements, there are numerous guidelines in the UK, designed to facilitate the production of reliable and valid accounts by those deemed to be vulnerable witnesses. And yet, it is not entirely clear how mental health impacts on reliability and validity within the judicial system, partly due to the diversity of those who present with mental health difficulties. In this paper, we set out to explore how legal professionals operating in the UK understand the impact of mental distress on the practical production of witness testimonies. Twenty legal professionals, including police officers, judges, magistrates and detectives were involved in a semi-structured interview to examine their knowledge and experience of working with mental health problems, and how they approached and worked with this group.
A thematic analysis was conducted on the data and specific themes relevant to the overall research question are presented. These include a) dilemmas and deficiencies in knowledge of mental health, b) the abandonment of diagnosis and c) barriers to knowledge: time restrictions, silence, professional identity and fear. Finally, we explore some of the implications of these barriers, with regard to professional practice
Is metal theft committed by organized crime groups, and why does it matter?
Using the example of metal theft in the United Kingdom, this study used mixed methods to evaluate the accuracy of police estimates of the involvement of organised crime groups (OCGs) in crime. Police estimate that 20-30% of metal theft is committed by OCGs, but this study found that only 0.5% of metal thieves had previous convictions for offences related to OCGs, that only 1.3% were linked to OCGs by intelligence information, that metal thieves typically offended close to their homes and that almost no metal thefts involved sophisticated offence methods. It appears that police may over-estimate the involvement of OCGs in some types of crime. The reasons for and consequences of this over-estimation are discussed
Re-evaluating post-conviction disclosure: A case for ‘better late than never’
This article contends that the legal position regarding the scope of post-conviction disclosure duties ought to be revisited. First, it will discuss the leading Supreme Court case on this issue Nunn v Chief Constable of Suffolk Police and will argue that the decision warrants reconsideration as it is grounded in flawed assumptions that cannot be sustained. Second, it will make the case for strengthening the rights of defendants to access material post-trial, particularly in a climate of austerity where more defendants are relying on university projects and other charitable organisations to assist them in appealing against their conviction. Third, the article will suggest that consideration is given to proposals in an ‘Open Justice Charter’ to promote fairness and transparency in the criminal justice system and, furthermore, will suggest that an independent disclosure agency ought to be established to deal with criminal disclosure issues pre and post-trial
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