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Article

Malcolm Underhill

This paper considers how compensation claims are calculated for people who have acquired brain injuries as a result of negligence or an accident. It distinguishes between…

Abstract

This paper considers how compensation claims are calculated for people who have acquired brain injuries as a result of negligence or an accident. It distinguishes between criminal compensation and civil damage and clarifies the full recovery principle, ie. that the claimant should receive sufficient compensation to place them in the same position as if the incident had not occurred. The heads of damages are then explored in detail, before considering how those who lack capacity are protected. It concludes that gaining full compensation for someone is not simply a matter for solicitors, but requires the support of the multidisciplinary team, the client and their family.

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Social Care and Neurodisability, vol. 1 no. 2
Type: Research Article
ISSN: 2042-0919

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Article

Margaret Briffa

Reviews the current legal position and the recent proposals of theBritish Law Commission concerning computer security and hacking.Assesses whether the proposals are…

Abstract

Reviews the current legal position and the recent proposals of the British Law Commission concerning computer security and hacking. Assesses whether the proposals are realistic and whether they should be adopted. Advises that legislation be combined with education to prevent computer misuse.

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Facilities, vol. 8 no. 1
Type: Research Article
ISSN: 0263-2772

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Article

Colin Cockfield and Kate Moss

Public conveniences are well known as being problematic in terms of crime‐generation. The design of these buildings in respect of both access and internal layout can…

Abstract

Public conveniences are well known as being problematic in terms of crime‐generation. The design of these buildings in respect of both access and internal layout can encourage misuse, including incidents of damage and criminal or anti‐social activity. Traditional policing methods have failed to control or deter such behaviour at problem locations and in spite of frequent prosecutions for a wide range of offences problems tend to persist. This paper discusses the types of problems encountered in public conveniences and makes suggestions as to how these might be overcome.

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Safer Communities, vol. 1 no. 2
Type: Research Article
ISSN: 1757-8043

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Article

Gerald Vinten

Computer hacking is discussed sequentially with respect to: socialand business ethics, fraud legislation, computer misuse legislation andcomputer controls. Enacting…

Abstract

Computer hacking is discussed sequentially with respect to: social and business ethics, fraud legislation, computer misuse legislation and computer controls. Enacting computer‐specific statutes is the approach that is increasingly popular – UK, US and Canadian responses are described. But law can only serve as one plank in prevention and deterrence of hacking, while enforcement will present problems. Computer auditors and security specialists must play a more significant role. Security precautions are summarised.

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Managerial Auditing Journal, vol. 5 no. 4
Type: Research Article
ISSN: 0268-6902

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Article

Ashlee Curtis, Keith McVilly and Andrew Day

Offenders with intellectual disability (ID) who commit arson and other acts of fire setting are over-represented in the criminal justice system in Australia, as in many…

Abstract

Purpose

Offenders with intellectual disability (ID) who commit arson and other acts of fire setting are over-represented in the criminal justice system in Australia, as in many other jurisdictions. The purpose of this paper is to provide insight into the judicial considerations that influence sentencing in these cases.

Design/methodology/approach

Case law was utilised to locate and analyse judges’ sentencing remarks for offenders with ID found guilty of an offence of arson. These data were subject to Inductive Content Analysis to establish the major judicial considerations in sentencing.

Findings

Seven common issues emerged: general deterrence, seriousness of arson, rehabilitation, sentencing options, moral culpability, protection of the community, and punishment. Judges noted that they handed down reduced sentences to persons with ID relative to the severity of their offending, that they considered people with ID to have low levels of moral culpability, and that these offenders did not provide good examples for community deterrence.

Originality/value

The current study highlights the need for judges to have available a range of sentencing options, including diversion and treatment/rehabilitation programmes for persons with ID, particularly for those involved in more serious offences such as arson.

Details

Journal of Intellectual Disabilities and Offending Behaviour, vol. 5 no. 2
Type: Research Article
ISSN: 2050-8824

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Article

Ho Man Chan, Ka Chun Ku, Pak Kei Toma Li, Hiu Kwan Ng and Suet Yi Michelle Ng

This paper aims to examine the development of graffiti in Hong Kong. Based on cultural criminological theories, the study looks at graffiti from the cultural verstehen…

Abstract

Purpose

This paper aims to examine the development of graffiti in Hong Kong. Based on cultural criminological theories, the study looks at graffiti from the cultural verstehen perspective (Ritzer, 1996) – giving voice to graffiti writers, instead of focusing on how the police or the general public react to the graffiti issue. The research also examines the motives of those writers and whether they perceive graffiti as an act of vandalism or an expression of an art form.

Design/methodology/approach

Graffiti is still an underdeveloped research topic in Hong Kong, which is absent not only in the mainstream discourse, but also in mainstream arts. It merely catches the media’s attention when graffiti are associated with political struggles. Thus, this paper aims to bridge the gap between the existing literature reviews and the graffiti development in this cosmopolitan city. In particular, it gives voice to graffiti writers to let readers understand how this hidden group of people perceive the notion of graffiti within their own subcultural discourse – and, at the same time, how the public responds to those graffiti-writings.

Findings

The research project, to a certain extent, manifests similarities to the literature reviews at an international level, especially the graffiti studies in London and New York. There are similarities in the graffiti styles – tags, bombs and pieces – and also in terms of the meanings carried behind graffiti-writing in public spaces, which showcase power through occupying space and its association with commercialization. Nevertheless, graffiti in Hong Kong have certain unique features, particularly as regards the official response to graffiti and the linkage of graffiti with politics. As seen in the Umbrella Movement and the Ai wei-wei incident, the legal responses were rigid and efficient, showing that the government paid great attention to the messages delivered in these cases. When no complaints or reports are made to the police, graffiti work is left undisturbed. Only when strong political messages are carried will prompt action be taken.

Originality/value

Graffiti are an underdeveloped research topic in Hong Kong, which is absent not only in the mainstream discourse but also in the mainstream arts. This paper aims to bridge the gap between the existing literature reviews and the graffiti development in Hong Kong. It gives voice to graffiti writers to let readers understand how this hidden group of people perceives the notion of graffiti within their own subcultural discourse and how city dwellers respond to those graffiti-writings.

Details

Social Transformations in Chinese Societies, vol. 12 no. 1
Type: Research Article
ISSN: 1871-2673

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Article

Rodney McAdam, Shirley‐Ann Hazlett and Christine Casey

The aim of this paper is to explore the issues involved in developing and applying performance management approaches within a large UK public sector department using a…

Abstract

Purpose

The aim of this paper is to explore the issues involved in developing and applying performance management approaches within a large UK public sector department using a multiple stakeholder perspective and an accompanying theoretical framework.

Design/methodology/approach

An initial short questionnaire was used to determine perceptions about the implementation and effectiveness of the new performance management system across the organisation. In total, 700 questionnaires were distributed. Running concurrently with an ethnographic approach, and informed by the questionnaire responses, was a series of semi‐structured interviews and focus groups.

Findings

Staff at all levels had an understanding of the new system and perceived it as being beneficial. However, there were concerns that the approach was not continuously managed throughout the year and was in danger of becoming an annual event, rather than an ongoing process. Furthermore, the change process seemed to have advanced without corresponding changes to appraisal and reward and recognition systems. Thus, the business objectives were not aligned with motivating factors within the organisation.

Research limitations/implications

Additional research to test the validity and usefulness of the theoretical model, as discussed in this paper, would be beneficial.

Practical implications

The strategic integration of the stakeholder performance measures and scorecards was found to be essential to producing an overall stakeholder‐driven strategy within the case study organisation.

Originality/value

This paper discusses in detail the approach adopted and the progress made by one large UK public sector organisation, as it attempts to develop better relationships with all of its stakeholders and hence improve its performance. This paper provides a concerted attempt to link theory with practice.

Details

International Journal of Public Sector Management, vol. 18 no. 3
Type: Research Article
ISSN: 0951-3558

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Abstract

Details

Drugs and Alcohol Today, vol. 12 no. 4
Type: Research Article
ISSN: 1745-9265

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Article

Andrew B. Stafford and Jonathan Hobson

There has been a widespread move in England’s city centres to a business crime reduction partnership (BCRP) model that welcomes businesses from all commercial sectors and…

Abstract

Purpose

There has been a widespread move in England’s city centres to a business crime reduction partnership (BCRP) model that welcomes businesses from all commercial sectors and that operate during day time and night time trading hours, and that seeks to tackle a broad range of crimes and associated behaviours. The purpose of this paper is to consider whether this new holistic approach offers benefits that narrower models do not.

Design/methodology/approach

This study draws upon data from a multi-year examination of the Gloucester City Safe BCRP, including quantitative analysis of 4,523 offences recorded by the partnership and qualitative analysis of 149 interviews with its members.

Findings

In Gloucester there was a small minority of offenders who commit offences against more than one type of business, who offend during both the day time and night time trading hours and who commit more than one type of offence. There is value, therefore, in partnerships bringing together businesses from different commercial sectors and that operate in the day and night time economies to coordinate their efforts to tackle such activity.

Practical implications

Sharing information among partnership members via e-mail and secure web-based platforms helps raise awareness concerning offenders and the offences that they commit which in turn can be used to prevent offences from occurring.

Social implications

This inclusive holistic BCRP model can lead to an increased sense of community cohesion for its members arising from the collective effort of multiple types of businesses.

Originality/value

The authors are not aware of other studies that have considered these issues.

Details

Safer Communities, vol. 17 no. 4
Type: Research Article
ISSN: 1757-8043

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Article

Huawei Wang

The purpose of this study is to investigate the understanding and application of crime of sabotaging production and operation in internet era, and, at the same time…

Abstract

Purpose

The purpose of this study is to investigate the understanding and application of crime of sabotaging production and operation in internet era, and, at the same time, discuss the basic position for criminal law interpretation in cyberspace.

Design/methodology/approach

Doctrinal analysis and case study.

Findings

Along with the advent of the internet era, how to apply the traditional crime of sabotaging production and operation in virtual space has attracted people’s attention. The controversy caused by the conviction of malicious application of fake transactions is a typical example. The legal interest protected here includes not only the property value of the means of production itself, but also the expectation interest that can be obtained by normal production and operation activities. There is no reliable basis to believe that overlap of articles between special provision and general laws occurs in crime of sabotaging production and operation and crime of intentional damage of property. The production and operation activities carried out online can also be covered by crime of sabotaging production and operation, without doubt. Ejusdem Generis Rule should be fully respected, but crime of sabotaging production and operation has a dual structure of means behavior and purpose behavior, where the purpose behavior, sabotaging production and operation, is the key to the conviction. However, it is not necessarily premised on physical damage and violent characteristics. The understanding and application of traditional crimes should keep pace with the times in the internet era, and we should not stick to a completely rigid subjective interpretation.

Originality/value

This study demonstrates the possible application of crime of sabotaging production and operation in cyberspace, and clarifies many misunderstandings about this crime.

Details

Journal of Financial Crime, vol. 28 no. 1
Type: Research Article
ISSN: 1359-0790

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