Bullying in schools: It's not a crime - is it?

The nature and prevalence of school bullying, and the detrimental and serious impact that it has upon its victims, has been the focus of research and debate since the early 1980s. Where a response is made to incidents of bullying, this is typically seen as the domain of the school, which has a powerful role to play in terms of socialising and disciplining its pupils. From the perspective of the victims of bullying, I argue that despite the existence of school disciplinary mechanisms, intervention by those working within the criminal justice arena is appropriate in two situations. First are situations where school measures are ineffective and the school is unable or unwilling to tackle the bullying. Second are situations that are too serious to be dealt with by the school alone. This issue is rarely discussed in literature on bullying. Using Lacey's metaphor of a set of lenses, I examine the 'criminalisation' of bullying, both at a formal level and at a practical level. I draw upon research that has studied the attitudes of adults and children to crime generally, as well as a qualitative survey of teachers, in order to explore the social construction of bullying as a crime and barriers to this.     

A Grounded Theory of Korean Immigrants' Experiences of Re-Establishing Everyday Activities in New Zealand

This study explored how immigrants locate themselves in a new culture through analyzing 25 Korean immigrants' everyday activities in New Zealand. The findings suggest that they opted to either behave in Korean ways or to take up behaviors reflective of the receiving society, based on their level of control over activities disrupted by immigration. The findings supplement the concept of acculturation, explaining how 21st-century immigrants who retain transnational status engage in the acculturation process within a globalized context.     

The relationship between schemas and offence supportive attitudes in mentally disordered sexual offenders

Abstract

The study of schemas in sexual offenders is a relatively new approach in attempts to understand the deviant beliefs and attitudes of sexual offenders. Emerging findings suggest that offence supportive attitudes may be the product of an offender's underlying schemas. This study aims to establish the relationship between offence supportive attitudes and schemas in a sample of mentally disordered sexual offenders (MDSOs). Thirty-one male sexual offenders held within low through high security forensic mental health units were assessed using the Young Schema Questionnaire - Short Version 3 and the Questionnaire on Attitudes Consistent with Sex Offending. Correlational analyses suggested a pattern of relationships in which Insufficient Self-control, Entitlement and Enmeshment arose as the schemas associated with most offence supportive attitudes. This supports a relationship between schemas and offence supportive attitudes in MDSOs and is consistent with the literature to date. Implications for further research and treatment are considered.     

Would John Stuart Mill have Regulated Pornography?

John Stuart Mill dominates contemporary pornography debates where he is routinely invoked as an authoritative defence against regulation. This article, by contrast, argues that a broader understanding of Mill's ethical liberalism, his utilitarianism, and his feminism casts doubt over such an assumption. New insights into Mill's approach to sex, sexual activity, and the regulation of prostitution reveal an altogether more nuanced and activist approach. We conclude that John Stuart Mill would almost certainly have accepted certain forms of pornography regulation and, in this light, we argue that Mill can provide the foundation for new, liberal justifications of some forms of pornography regulation.     

“How an Ordinary Jury Makes Sense of it is a Mystery”: Barristers’ Perspectives on Rape,Consent and the Sexual Offences Act 2003

The Sexual Offences Act 2003 introduced significant reforms to the offence of rape, amid concerns regarding the low reporting and conviction rates for rape. One of the key aims of the Act was to improve the law relating to consent, in order to assist a jury in their decision making process. In addition, disquiet had been expressed with regards to the subjective nature of the mens rea of rape. Consequently, the 2003 Act reformulated the law so as to introduce an objective test. This article discusses the findings of a qualitative research project undertaken with 14 Barristers in the North West of England, in order to investigate counsels’ opinions regarding the 2003 reforms. Drawing upon data collected from semi-structured interviews, the article examines barristers’ perspectives with regards to the definition of consent, the ‘consent presumptions’, and the reformulated mens rea. In conclusion, it will be argued that while the barristers were not overly optimistic about the reforms introduced by the 2003 Act, they were also opposed to further reform to the substantive law and increased jury directions. Barristers argued that the law relating to rape should remain as simple as possible.     

Teaching Dissent in the Law School: Have Students Learned to Disagree?

This paper offers an analysis of the qualitative evidence obtained from a research project in relation to the teaching of a module on the Trials of Dissenters in the context of an undergraduate law degree. It will consider whether a pedagogically innovative course has encouraged and enabled undergraduate law students to think more creatively on the issues raised by specific historic trials and to be prepared to construct more critical and open ended arguments. The study of the Trials of Dissenters, we hoped, would encourage our students to dissent both from the standard model of legal education and from the acceptance of what lecturers say as “true”. We here consider the success of our project in relation to how students view dissent.