Mediation and Genre

This paper examines the constitutive elements of the genre of melodrama and relates them to typical Western conflict stories. It demonstrates why a conflict narrative based on the genre of melodrama tends to work against the resolution of the conflict and proposes tragedy as a more constructive genre for a conflict narrative. The paper also discusses how the mediation situation itself can constrain the possible genres that can be constructed in the process and explores the implications of those constraints for people in conflict and for the mediators facilitating a resolution.     

Penalty notices for disorder: influences on police decision making

This research examined, via a multi-method linked design, the influences over police decision making when disorderly behaviour is being dealt with in the context of a new type of offence disposal, the penalty notice for disorder (PND). The results of a multivariate analysis of the factors predicting the real-life issuance of PNDs to offenders formed the basis of an experiment (using serving police officers as participants) that probed officers’ decision-making processes in disorder scenarios. This approach presents an opportunity to gain insight into how police use the power of arrest when an alternate, less-punitive, option is available.     

Outsmarting the Liars: The Benefit of Asking Unanticipated Questions

We hypothesised that the responses of pairs of liars would correspond less with each other than would responses of pairs of truth tellers, but only when the responses are given to unanticipated questions. Liars and truth tellers were interviewed individually about having had lunch together in a restaurant. The interviewer asked typical opening questions which we expected the liars to anticipate, followed by questions about spatial and/or temporal information which we expected suspects not to anticipate, and also a request to draw the layout of the restaurant. The results supported the hypothesis, and based on correspondence in responses to the unanticipated questions, up to 80% of liars and truth tellers could be correctly classified, particularly when assessing drawings.

“To This Day She Continues to Struggle with the Terror Imposed upon Her”: Rape Narratives in Victim Impact Statements

This study locates the victim impact statements of raped women in the sociolegal context of significant sentencing law reforms introduced in Canada to address an ascendant victim’s rights movement. We examine 38 reported sentencing decisions in sexual assault cases in Ontario, Canada (1999–2010). Our objectives are to discern (a) whether the archetype of the ideal victim continues to influence juridical discourse after conviction and (b) what narratives of harm intersect with sentencing objectives and aggravating factors. Our findings suggest women express profound fear of re-victimization and traumatic effects of sexual violence regardless of the relational context of their rape experience. Most surprisingly, our data show sentencing judges view the sexual assault of an intoxicated rape victim as an aggravating factor. Future consideration for victim impact statements in sexual assault cases is discussed.