Expert Evidence As Context: Historical Patterns and Contemporary Attitudes in the Prosecution of Sexual Offences

In H.M. Advocate v. Grimmond ¹ the judge in a Scottish High Court trial refused permission for expert psychological evidence to be admitted on behalf of the Crown in a prosecution involving sexual offences against two children. The Crown had sought to lead an expert witness to explain to the jury about patterns of disclosure in child sexual abuse cases. The case was remarkable, not so much for the strict application of the longstanding rule in R. v. Turner that constrains the use in the courtroom of expert evidence from the behavioural sciences, but for the way in which the arguments presented by the Crown in Grimmond resonate with enduring feminist critiques regarding the treatment of women in rape trials. The theoretical issues raised by the decision include the quest for context to counter rigid evidential frameworks, and the choice of a child sexual abuse case as the medium for challenging the boundaries of the admissibility of expert evidence in the courtroom. The ramifications of Grimmond are tangible as legislation intended to benefit children and women has already been enacted by the Scottish Parliament to ameliorate the effects of the decision. This article suggests that while this legislation should be given a cautious welcome it remains to be seen whether the heralded benefits will actually materialise. This revised version was published online in July 2006 with corrections to the Cover Date.     

Understanding Women in Scotland

This article explores obstacles to understanding the history and contemporary experiences of women in Scotland, and to the development of feminist research in Scotland. It is argued that explanations which invoke Scottish male chauvinism and misogyny alone are insufficient, and that the marginalization of women in Scotland is produced both by male domination within Scotland, and by English cultural and political hegemony within the UK. The article comments on the relationship of the concept of ‘Britishness’ to that of ‘Scottishness’ (and other identities within the UK) and illustrates how the frequent confusion of ‘British’ with ‘English’ serves to obscure Scottish experience. It is also argued that the place of Scotland within the British state has led to the creation of an institutional framework that disadvantages women, and a system of government that excludes women. This implies that feminist debates on the state in Britain require a specific focus on the form of the British state, and in the context of constitutional change in particular this is important for the development of future strategies. It is argued that the double marginalization of women in Scotland is not just a problem in relation to the development of feminist research, but is also a political problem in that it contributes to a degree of alienation from feminism in England. The article concludes by arguing for the necessity of recognition of difference, but also for dialogue, as the basis for feminist alliances in different parts of the UK.     

Put Down Your Knitting: Unpicking Social Welfare Professionalisation in 1970s Australia

This article compares evidence given to the 1970s Commonwealth Commission of Enquiry into Poverty by a social worker from Armidale with that of a group of foster carers in Adelaide. It does so to illuminate the power struggle underway between volunteers, professionals and experts at a key moment in Australia’s social welfare history. The testimonies provide two very different perspectives on the challenges of social welfare professionalisation. Analysing them allows a deeper exploration of those challenges, which, to date, have been under-explored, while bringing a greater understanding of the factors that shaped the creation of enquiry submissions.     

Understanding transnational bribery: a corporate crime framework

Despite calls for utilizing white-collar and corporate crime frameworks to study corruption, the role of corporations in supplying bribes to foreign government officials is not well understood. In the current study, we draw upon a recent framework designed to examine the transnational corporate bribery process from an opportunity theory perspective. We apply the framework to a sample of individuals and organizations with enforcement actions levied against them by the United States Department of Justice’s Fraud Section for violations of the Foreign Corrupt Practices Act of 1977 between 2011 and 2016. Using an exploratory mixed methods approach, we assess the prevalence and qualitative nature of multiple components of the framework. Our goal is to develop a systematic way to apply it to different sets of bribery data and to move toward a fuller theoretical account of transnational corporate bribery. Our findings demonstrate the significance of the corporate role in foreign bribery, the utility of the bribery process framework, and some areas of refinement and future theoretical development.

     

'Beyond Left and Right': The New Partisan Politics of Welfare

The 'new politics of the welfare state,' the term coined by Pierson (1996) to differentiate between the popular politics of welfare expansion and the unpopular politics of retrenchment, emphasizes a number of factors that distinguish countries' capacities to pursue contentious measures and avoid electoral blame. Policy structures, vested interests, and institutions play a prominent role in accounting for cross-national differences in leaders' abilities to diffuse responsibility for divisive initiatives. One important omission from the 'new politics' literature, however, is a discussion of partisan politics. 'Old' conceptualizations of the political right and left are implicitly taken as constants despite radical changes in the governing agenda of many leftist parties over the last decade. Responding to this oversight, Castles (1998) has recently probed the role of parties with respect to aggregate government expenditures, only to concludethat parties do not matter under 'conditions of constraint.' This article contends that parties are relevant to the 'new politics' and that, under specified institutional conditions, their impact is counterintuitive. In some notable cases the left has had more effect inbruising the welfare state than the right. One explanation for these cross-cutting tendencies is that parties not only provide a principal source of political agency, they also serve as strategies, thereby conditioning opportunities for political leadership. By extension, they need to be situatedwithin the 'new politics' constellation of blame-avoidance instruments.     

Quantifiler observations of relevance to forensic casework

The Quantifiler (QF) kit is regularly used by forensic scientists for DNA quantitation. We performed in-house validation studies which revealed some interesting observations. The QF standard displayed a two-fold difference between two different lot numbers which suggests that every standard should be tested prior to use. The Promega K562 DNA standard works well with the QF kit. c. 41% of samples that inhibited the internal PCR control (IPC) system within the QF kit still produced good Profiler Plus reactions. QIAquick was effective at removing inhibitors. The presence of dyes within casework samples were observed not to inhibit QF amplifications. Template DNA greater than 100 ng/muL appeared to inhibit the IPC. Close to identical concentration results were obtained when alternative analysis settings were used. These validation findings will assist DNA processes involved in forensic casework.     

Intraprofessional Competition and Earnings Inequalities Across a Professional Chasm: The Case of the Legal Profession in Québec,Canada

Intraprofessional rivalry has a long history. This article examines earnings disparities as a dimension of intraprofessional competition among avocats and notaires in the civil law system of Québec, Canada. Drawing on two large‐scale surveys and in‐depth interviews with legal professionals, I examine three competing perspectives of earnings inequalities: human capital, social‐symbolic capital, and organizational‐structural explanations. Through this analysis I seek to examine whether similar causal processes shape earnings across the two spheres of legal practice in Québec. The findings of this study clearly demonstrate that these two professional groups are equipped with differential stocks of capital, and conversion rates differ drastically. Avocats receive greater exchange on their investments in human and social‐symbolic capitals. These disparities are most pronounced in sectors of the profession where jurisdictional frictions abound: among notaires and avocats working as solo practitioners and in small firms within competitive urban contexts. The article concludes with a discussion of theoretical extensions and future directions for the study of legal professionals in civil law systems and blended jurisdictions.     

Money after Blockchain: Gold,Decentralised Politics and the New Libertarianism

ABSTRACT

Blockchain technologies are central to what has been described as a new ‘smart social contract’. With blockchain, individual cryptographic identity becomes the basis for new forms of money and for a whole suite of restructured social, political and financial transactions. But what do these developments signal for feminist engagements with the money economy? The transparency and pseudonymity that the blockchain provides has been welcomed as a ‘feminist weapon’. But the decentralised technology also legitimises many longstanding assumptions of libertarianism, especially competitive individualism, naturalised social inequality and the stability of value associated with the gold standard. Drawing on popular culture texts, Goldfinger and The Mandibles, this article considers this history, examining the gendered, racialised and sexualised discursive practices that attend representations of gold along with the ‘metallism’ surrounding blockchain-based cryptocurrencies in the contemporary conjuncture. By claiming to represent non-negotiable certainty derived from technology/nature rather than social convention, the fantasy of fundamental value returns, together with related associations of essentialism and authenticity, but anchored in this new context in the technocratic authoritarianism of FinTech. This is part of the background for the ‘new libertarianism’ whose ascendency now overshadows the neoliberalism that has been the focus of critical attention for some decades.     

Structural Changes to the Public Sector and Cultural Incompatibility: The Consequences of Inadequate Cultural Integration

Structural changes are commonly undertaken to achieve gains, such as enhanced efficiency and performance. In this paper, we explore the cultural issues associated with a structural change in the Australian Public Service. We argue that cultural differences across merged functions were disruptive and challenging to overcome. We posit, however, that these challenges were exacerbated by the lack of systemic effort to integrate cultures, thus impeding synergy realization. Our findings are consistent with the private sector literature that warns mergers and acquisitions undertaken with too much haste and without adequate planning can lead to cultural issues when not managed appropriately.     

Enabling Middle Managers as Change Agents: Why Organisational Support Needs to Change

Change efforts frequently fail to achieve their desired outcome with failure often attributed to employee resistance to change. Literature on resistance indicates it can emerge from ineffective change management. This article argues that change management could be improved through middle managers actively undertaking a change intermediary role, thereby enabling employees to make sense of, and reframe, the change. Qualitative data is used to explore the extent to which middle managers had the capacity and support necessary to effectively implement change. The article concludes by proposing that managers who are actively engaged change agents, who frame and make sense of the change with employees, can reduce resistance. However, for this to be realised, organisations need to actively support the systematic development of middle management change management capabilities.