Which is it you want – equality or maternity leave?

In Alabaster v. Barclays Bank plc and Secretary of State for Social Security (No. 2: [2005] E.W.C.A Civ. 508, [2005] I.R.L.R. 576.) Michelle Alabaster won a grand total of ￡204.53 (plus ￡65.86 interest) after eight years of litigation, which included two visits to the Court of Appeal and one to the European Court of Justice. This marathon resulted from the sex discrimination which Alabaster had alleged in relation to the calculation of her Statutory Maternity Pay (S.M.P.) whilst she was pregnant 10 years earlier. The technicalities of the statutory schemes involved should not be allowed to disguise the important principle which finally emerges in the Court of Appeal and which underlines one of the longstanding criticisms of the equality legislation, namely the requirement that a woman must compare herself with a man in order to establish unlawful sex discrimination.     

Re-imagining crime prevention: controlling corporate crime?

While the discourses and practices of crime prevention are of increasing salience, few criminologists have sought the inclusion of corporate illegalities on such agendas. Relatedly, within criminology, there has been a diminished tendency to think in idealistic, utopian and emancipatory terms. This paper is one small attempt to think in precisely such terms.¹ But it is not an exercise in pure imagination. In particular, the paper makes extended reference to Finland, where recent experience suggests that corporate crime prevention may be feasible, under certain conditions, albeit subject to certain limitations. Thus we consider both the desirability and the feasibility of corporate crime prevention intruding upon the generally narrowly constructed terrain of ‘crime prevention’. We begin with a critique of some of the key aspects of crime prevention discourses – at both theoretical and practical levels – with a particular emphasis upon the extent to which these are both more appropriately and usefully applied to corporate crime prevention, before going on to discuss corporate crime prevention ‘in action’, through a focus upon recent developments in Finland. In a concluding section, we consider various aspects of both the desirability and feasibility of corporate crime prevention.     

The susceptibility of child witnesses to suggestion

This article deals with the reliability of child witnesses, in particular from the viewpoint that child witnesses should be treated with suspicion because their memories are very susceptible to suggestion. An experiment is reported, in which grade 3, grade 6, and college students were compared on their ability to recall events from a film, in the face of (mis)leading questions from an interrogator. The data showed that the grade 6 students were equal to the college students in memory capacity and in their ability to resist suggestion. The grade 3 students were inferior to the older subjects in these areas. However, the results from a second testing session led to the conclusion that although the younger children appeared to submit to suggestion much more readily than the older subjects, the effect of suggestion on actual memory was not significantly different for the three subject-groups. The implications of these findings are discussed with reference to the present status of child witnesses in Anglo-Saxon law systems.