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1 – 10 of over 1000
Article
Publication date: 13 March 2007

Mark R. Kebbell and Caitriona M.E. O'Kelly

The aim of this paper is to review common methods used by English lawyers when questioning police witnesses, and to identify training issues for preparing officers for giving…

1713

Abstract

Purpose

The aim of this paper is to review common methods used by English lawyers when questioning police witnesses, and to identify training issues for preparing officers for giving evidence in court.

Design/methodology/approach

A questionnaire was administered to 48 police detectives concerning the last time they gave evidence in court, the types of questions they were asked during cross‐examination, lawyers' tactics, and what they believed to be personal attacks.

Findings

The findings indicated that detectives perceived they were questioned in a consistent manner, and asked questions that they felt at times were difficult to understand, difficult to answer, upsetting, and distorted their evidence. Nevertheless, they were generally satisfied with their experiences in court.

Research limitations/implications

The current study in this paper uses self‐report methodology that may be less objective than independent observation. A potentially fruitful avenue of research might be the study of court cases where police officers give evidence to measure the influence of lawyers' questions directly.

Practical implications

The results indicate a number of training issues for preparing police officers to give evidence in court. Officers should be trained to deal with confusing or constraining questioning, and to thoroughly prepare. Officers should also be trained concerning how to deal with inconsistencies in evidence, mistakes, and having their character attacked.

Originality/value

This is the first survey, to the authors' knowledge, of police officers' experiences of giving evidence in court and suggests some ways of improving the overall accuracy of police witnesses' accounts in court.

Details

Policing: An International Journal of Police Strategies & Management, vol. 30 no. 1
Type: Research Article
ISSN: 1363-951X

Keywords

Abstract

Details

Sociology of Crime, Law and Deviance
Type: Book
ISBN: 978-1-84950-889-6

Article
Publication date: 12 October 2012

Nat Wright, Charlotte N.E. Tompkins and Zanib Mohammed

This article draws upon the international literature to focus on the investigation of prisoner deaths in England and Wales, concentrating on clinician involvement in this process.

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Abstract

Purpose

This article draws upon the international literature to focus on the investigation of prisoner deaths in England and Wales, concentrating on clinician involvement in this process.

Design/methodology/approach

This is a viewpoint paper regarding clinician involvement in coroner investigations of prisoner deaths in England and Wales.

Findings

Compared to colleagues practising in the community, the authors suggest that there is a higher burden of investigation upon clinicians practicing in secure environments and recommend improved training for prison clinicians regarding expectations of the coroner's inquest and also a system whereby questioning in coroners' courts is directed through the coroner.

Originality/value

This paper provides an updated perspective on the issue of coroner investigations following a death in prison custody, from the position of practising prison clinicians.

Details

International Journal of Prisoner Health, vol. 8 no. 3/4
Type: Research Article
ISSN: 1744-9200

Keywords

Article
Publication date: 6 November 2017

Sandra D. Grannum and Justin Ginter

To address the nuts and bolts of securities arbitration in the FINRA forum.

Abstract

Purpose

To address the nuts and bolts of securities arbitration in the FINRA forum.

Design/methodology/approach

Provides introduction and background, defines key terms, and suggests ways to approach the major steps in the securities arbitration process, including witness interviews, document reviews, resolution of joint representation and conflict issues, determining the scope of attorney-client privilege, filing or reviewing the Statement of Claim, making the initial pleading, advocating for the most favorable arbitrator selection, possible employment of experts, and cross-examination.

Findings

To prepare thoroughly for a securities arbitration case and to plan a strategy for the key step of cross-examination, a lawyer needs to know the broad financial market context; the technical details of the relevant financial products, portfolio management strategies and transactions; the points of view of both the client and the opposing party; the details of all the documents introduced; and the background of the client’s and the adversary’s witnesses.

Originality/value

Expert guidance from experienced bank and broker-dealer litigation, arbitration and mediation lawyers.

Article
Publication date: 8 June 2012

Brendan M. O'Mahony

This paper's aim is to examine the interaction between an intermediary, a vulnerable defendant and barristers and the judge in a courtroom. The paper seeks to consider how the…

764

Abstract

Purpose

This paper's aim is to examine the interaction between an intermediary, a vulnerable defendant and barristers and the judge in a courtroom. The paper seeks to consider how the communication needs of vulnerable defendants, such as those with learning disabilities, should be addressed in the criminal justice system.

Design/methodology/approach

The paper considers the legal landscape for dealing with vulnerable defendants. A case example and court and police interview transcripts are then used to illustrate some of the communication needs of vulnerable people in the criminal justice system.

Findings

The paper highlights the complexities of the language that is used by lawyers in the courtroom and the difficulties that this can cause for a vulnerable defendant. Additionally, this paper reveals the difficulties that the police caution can present to a vulnerable suspect in custody.

Social implications

Vulnerable witnesses or defendants may be disadvantaged in understanding questions and the implications of answers that they provide in a courtroom or in attendance at a police station. The criminal justice system should support these individuals and provide guidance and training to professionals. The author identifies a need for more research in this area.

Originality/value

This is one of the first published papers to examine the interaction between an intermediary, a vulnerable defendant and barristers and the judge in the courtroom. The paper considers how the communication needs of vulnerable defendants should be addressed in the criminal justice system.

Details

Journal of Learning Disabilities and Offending Behaviour, vol. 3 no. 2
Type: Research Article
ISSN: 2042-0927

Keywords

Article
Publication date: 1 December 1967

Parker of, L.J. Salmon and J. Widgery

October 16, 1967 Master and servant — Dismissal — Redundancy — Industrial Tribunal — Practice — Employer's claim that dismissal summary — Evidence of irregularities — Scope of

Abstract

October 16, 1967 Master and servant — Dismissal — Redundancy — Industrial Tribunal — Practice — Employer's claim that dismissal summary — Evidence of irregularities — Scope of permissible cross‐examination and re‐examination — Redundancy Payments Act, 1965 (c.62), s.9(2).

Details

Managerial Law, vol. 3 no. 3
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 9 May 2016

Christine Saykaly, Angela Crossman, Mary Morris and Victoria Talwar

The purpose of this paper is to investigate the influence of question type (open-ended, prompted, reverse order and chronological order recall) on children’s ability to maintain a…

Abstract

Purpose

The purpose of this paper is to investigate the influence of question type (open-ended, prompted, reverse order and chronological order recall) on children’s ability to maintain a truth or a lie in a two-part mock-courtroom study.

Design/methodology/approach

In total, 96 children (M age=131.00 months) between 9 and 12 years of age were asked to testify about an interaction with a research assistant the week prior. They were assigned to one of four conditions (true/false×assertion/denial).

Findings

Results indicate that question type has an influence on children’s ability to maintain their condition. Results also indicate that regardless of question type, children have difficulty recalling information sequentially.

Practical implications

Implications of the current research support the use of various question types, including increasing the cognitive load demands, when interviewing children.

Originality/value

To date, this is the first study to investigate the use of reverse order questioning in a courtroom study with children.

Details

Journal of Forensic Practice, vol. 18 no. 2
Type: Research Article
ISSN: 2050-8794

Keywords

Book part
Publication date: 5 February 2010

Amanda Konradi

Purpose – To assess how well varied policy initiatives address rape survivors’ difficulties participating in criminal prosecution.Method – The evaluation takes a victim-centered…

Abstract

Purpose – To assess how well varied policy initiatives address rape survivors’ difficulties participating in criminal prosecution.

Method – The evaluation takes a victim-centered perspective, rejecting the assumption that retraumatization is a necessary or inevitable by-product of prosecution. It accepts decision-making powers granted to law enforcement and prosecution practitioners to “found,” charge, prosecute, and plead cases, but questions the means adopted to achieve immediate goals. The evaluation considers legislative, procedural, and extra-criminal proposals such as restorative justice (RJ) conferencing and prosecutorial behavior modification. The evaluation draws on empirical investigations of case attrition, law enforcement, and prosecutorial decision-making, interorganizational collaboration in case processing, RJ, and survivors’ experiences with criminal prosecution.

Findings – Many of rape survivors’ difficulties with criminal prosecution stem from legal actors’ lack of knowledge about survivors’ purposes for participation and strategies to maintain ownership of a conflict that has been appropriated by prosecution, the conflicts survivors’ preexisting social relations pose, how lack of information about and experience with courtroom roles and norms produces anxiety and defensive behavioral strategies, and how survivors interpret and experience inconsistent messages about their role in and power over prosecution. The criminal justice process can directly reduce the causes of retraumatization and achieve procedural justice in ways that have positive implications for better substantive outcomes.

Practical implications – Instituting practices accommodating users’ behavioral orientations should increase the perception that reporting and prosecuting are viable options. Following Taslitz (1999), improving the effectiveness of rape survivors’ communication will increase gender equity generally.

Details

New Approaches to Social Problems Treatment
Type: Book
ISBN: 978-1-84950-737-0

Article
Publication date: 23 June 2020

Xiaoying Chen and Nicholas Ray-Wang Gao

Since the introduction of VIX to measure the spot volatility in the stock market, VIX and its futures have been widely considered to be the standard of underlying investor…

Abstract

Purpose

Since the introduction of VIX to measure the spot volatility in the stock market, VIX and its futures have been widely considered to be the standard of underlying investor sentiment. This study aims to examine how the magnitude of contango or backwardation (MCB volatility risk factor) derived from VIX and VIX3M may affect the pricing of assets.

Design/methodology/approach

This paper focuses on the statistical inference of three defined MCB risk factors when cross-examined with Fama–French’s five factors: the market factor Rm–Rf, the size factor SMB (small minus big), the value factor HML (high minus low B/M), the profitability factor RMW (robust minus weak) and the investing factor CMA (conservative minus aggressive). Robustness checks are performed with the revised HML-Dev factor, as well as with daily data sets.

Findings

The inclusions of the MCB volatility risk factor, either defined as a spread of monthly VIX3M/VIX and its monthly MA(20), or as a monthly net return of VIX3M/VIX, generally enhance the explanatory power of all factors in the Fama and French’s model, in particular the market factor Rm–Rf and the value factor HML, and the investing factor CMA also displays a significant and positive correlation with the MCB risk factor. When the more in-time adjusted HML-Dev factor, suggested by Asness (2014), replaces the original HML factor, results are generally better and more intuitive, with a higher R2 for the market factor and more explanatory power with HML-Dev.

Originality/value

This paper introduces the term structure of VIX to Fama–French’s asset pricing model. The MCB risk factor identifies underlying configurations of investor sentiment. The sensitivities to this timing indicator will significantly relate to returns across individual stocks or portfolios.

Details

The Journal of Risk Finance, vol. 21 no. 3
Type: Research Article
ISSN: 1526-5943

Keywords

Article
Publication date: 14 March 2016

Anna Gekoski, Miranda A.H Horvath and Julia C Davidson

The purpose of this paper is to report on the findings from a study commissioned by the Office of the Children’s Commissioner (OCC) in England, concerning intrafamilial child…

Abstract

Purpose

The purpose of this paper is to report on the findings from a study commissioned by the Office of the Children’s Commissioner (OCC) in England, concerning intrafamilial child sexual abuse (IFCSA)/incest. Specifically, it aims to explore the evidence about child protection and criminal justice responses to victims of IFCSA in the UK and where the gaps in these approaches lie.

Design/methodology/approach

A Rapid Evidence Assessment (REA) was used, the function of which is to: search the literature as comprehensively as possible within given time constraints; collate descriptive outlines of the available evidence on a topic and critically appraise it; sift out studies of poor quality; and provide an overview of the evidence. Over 57,000 documents were scanned, and 296 ultimately systematically analysed.

Findings

It was found that children may be re-victimised by various aspects of “the system” and professionals within it, including social workers, police officers, and lawyers.

Research limitations/implications

A REA is not a full systematic review, differing in the scope and depth of the searches and depending almost exclusively on electronic databases, not accompanied by searching journals by hand.

Originality/value

The findings of this research provide the evidence-base for a new two-year inquiry into the subject of IFCSA by the OCC.

Details

Journal of Criminological Research, Policy and Practice, vol. 2 no. 1
Type: Research Article
ISSN: 2056-3841

Keywords

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