“I Fought. I Screamed. I Bit”: The Assertion of Rights Within Historic Abuse Inquiry Transcripts

ABSTRACT

This article examines how treating historic abuse inquiry testimonies as retrospective assertions of rights can help to shed light on how this abuse was able to occur and how memories are recalled in an inquiry environment. It presents its approach as a possible framework for other historians seeking to analyse testimonies with sensitivity. It uses, as an example, a case study from the Australian Royal Commission into Institutional Responses to Child Sexual Abuse concerning two interrelated “homes” for girls, showing the ways in which abuse survivors can use their testimonies to assert rights denied them in the past and further the goals of public inquiries.     

The presence of feminism in the future of welfare

This article argues that the contribution of second wave feminism to new welfare practice and provision is greater than recent discussions of welfare reforms have acknowledged. Along with other new social movements and grass-roots welfare campaigns, feminist activism and its critiques provide an important moral and political case for a new welfare society. This paper proposes four principles which underpin such a case – autonomy, mutualism, inclusive diversity and voice. Aspects of these are discussed, developing, in particular, an argument for a political ethic of care.     

‘Substantial and Radical Change’: A New Dawn for Scottish Criminal Procedure?

This paper discusses the recommendations of the Carloway Review, which was established to review law and practice in criminal cases following the introduction in Scotland of a right to legal assistance during detention. A number of recommendations are made in the Review, including the introduction of stricter time limits governing the detention of suspects, the removal of the corroboration requirement, the rejection of adverse inference provisions, and a change in the manner in which the appeal court deals with cases referred to it by the Scottish Criminal Cases Review Commission. It is argued that while some of these recommendations are to be applauded, others are poorly reasoned and some may lead to a dangerous reduction in protection against wrongful conviction.     

Book reviews

Improving the quality of public participation in council decision making continues to be a key goal of local government 'modernisation'. Different rationales for this have been advanced, including consumerist aims of service improvement, participation as an important value in itself, and participation as a survival strategy for local government. Based on surveys of, and interviews with, councillors and senior officers in Scottish local government, this article explores the ways in which concepts of 'consumerism' and 'citizenship' inform councils' approaches to public participation.     

When Should a Retrial be Permitted After a Conviction is Quashed on Appeal?

The power to permit a retrial after a conviction has been quashed on appeal is an established part of criminal procedure, with over a third of successful appeals against conviction in England and Wales now resulting in a retrial being ordered. Despite this, relatively little attention has been paid to the circumstances in which it is appropriate for such permission to be granted. This article reviews the practice of the courts, offering a rational reconstruction of the reported cases. It argues that appeal courts have improperly entered into consideration of matters which should properly be reserved to prosecutorial discretion. While retrial after a quashed conviction should only be possible with the permission of the appeal court, such permission should – where sought – always be granted unless insufficient competent evidence was led at the first trial or a second prosecution would be an abuse of process.     

A Comparison of Hypothermic Deaths in South Australia and Sweden

Case files from Forensic Science South Australia and the Swedish National Forensic Database were reviewed over a 6‐year period from 2006 to 2011 for cases where hypothermia either caused, or significantly contributed to, death. Data were analyzed for age, sex, time of year/season, place of discovery, circumstances of death, and underlying medical conditions. Despite the considerable demographic, geographic, and climatological differences, hypothermic deaths occurred at very similar rates in South Australia (3.9/100,000) and Sweden (3.3/100,000). Deaths from hypothermia in South Australia occurred predominantly indoors at home addresses, involving elderly females with multiple underlying illnesses and limited outside contacts. In contrast, Swedish hypothermic deaths generally occurred outdoors and involved middle‐aged elderly males. These data show that hypothermia may be a risk in warmer climates particularly for elderly, socially isolated individuals.     

The Effects of Domestic Violence on the Formation of Relationships Between Women and Their Babies: “I Was Too Busy Protecting My Baby to Attach”

Until now, research into the effects of domestic violence on the formation of relationships between women and their babies has been from an attachment theory perspective. The research reported in this article takes a different approach. Innovative qualitative research methods are used to uncover knowledge about the formation of such relationships from the lived experiences of sixteen women who have mothered babies while enduring domestic violence. Analysis of the findings in this study identifies domestic violence constitutes an environment of sustained hostility where women respond with maternal protectiveness to maximise their babies’ physical and psychological safety whether or not they had attained a secure relationship. However, women recognize domestic violence constricts space to form close mother/baby relationships. Supported by these findings, this research suggests policy and practice concerned with relationships between women and babies subjected to domestic violence address protectiveness and space to attach. The article concludes with suggestions for further research.     

Benefits,Challenges, and Enabling Conditions of Collective Action to Promote Sustainable Production and Marketing of Products from Africa's Dry Forests

Collective action has been identified, by governments and nongovernmental organizations, as a mechanism to improve smallholder farmers' bargaining power and access to input and output markets. In many developing countries, supporting collective action has and continues to be an important policy instrument. However, in the collection and marketing of forest products, recognition of and support for producer organizations, is limited. Data, from focus group discussions, key informant interviews, and an analysis of formal producer organizations' functioning and organizational aspects, were used to examine the motives, benefits, challenges, and enabling conditions of collective action in promoting the sustainable production and marketing of shea, frankincense, and honey from dry forests in Burkina Faso, Ethiopia, and Zambia, respectively. Lessons and key recommendations, including those related to policy, are presented on how collective action through formal producer organizations could be assisted to promote responsible forest products collection and marketing practices that benefit small‐scale producers in Africa's dry forests.