Analysing the economic justification for the reforms to social welfare and family law legal aid

The Ministry of Justice plans on saving £450 million per annum from the legal aid budget through reforms contained in the Legal Aid, Sentencing and Punishment of Offenders Act 2012.Over 60% of these savings will be found by removing whole areas of law and types of problem from the scope of legal aid support. One of the principal justifications for these reforms is the economic imperative; reducing legal aid expenditure is necessary to meet the Government's fiscal targets. This article examined whether these reforms will generate the substantial savings identified in the Government's impact assessment, or whether these costs will be passed on to other areas of government. Data from the Civil and Social Justice Survey were used to model the behavioural responses of people no longer eligible for legal aid under the scope changes. Economic costs were estimated for these responses where they will be incurred by the state, although many of these costs are likely to be underestimates. Many costs could not be estimated including, inter alia, the cost of increased criminality where people seek redress outside of the justice system. The analysis focused on family and social welfare law, which together represent 82% of the proposed savings from the scope reforms. Based upon this analysis, the Government is unlikely to save more than 40% of its prediction. At the same time, these minimal savings could generate inequality of access to justice and overburden an already struggling alternative advice sector. A significant uptake in funded mediation within family law is predicted.     

The cognitive interview: A survey of its forensic effectiveness

Abstract

The cognitive interview has been shown to have the potential to enhance witness recall. Consequently, it has been adopted by all police forces in England and Wales. The present paper surveyed 96 police officers trained in the cognitive interview and 65 untrained police officers, using a questionnaire. Officers rated how frequently they used and how useful they found components of the cognitive interview. Trained officers were significantly more likely to use instructions to mentally reinstate context, use different orders, change perspectives and imagery. Amongst trained officers there was a consensus that some components of the cognitive interview were used more frequently and were believed to be more useful than others. Rated as most useful and most frequently used were establish rapport, report everything, encourage concentration, witness compatible questioning, and mental reinstatement of context. Rated as less useful and less frequently used were recall in different orders, imagery, change perspectives and transfer control. Further responses indicated that the cognitive interview was generally perceived to be a useful procedure that increases correct recall, although officers were still aware that incorrect information can also be generated. However, a major problem for many officers was that they do not have the time to conduct a full cognitive interview.     

Children's testimony: Research findings and policy implications

Abstract

Traditionally the British legal system has taken a sceptical attitude toward the testimony of children, reflected in the competency requirement, the corroboration rule and the judicial caution. However, recent psychological research has suggested that children, properly interviewed, can provide invaluable testimony in securing convictions in cases of sexual or physical abuse. Research suggests that children's spontaneous accounts of events are generally accurate, and that suggestibility can be greatly reduced by appropriate questioning techniques. Partly as a result of such research, the legal hurdles surrounding children's evidence have been dismantled and procedural innovations, such as the use of the Videolink and videotaped interviews introduced. Empirical research demonstrates the success of the Videolink and a similar evaluation is planned for videotaped interviews. The latter has highlighted the need for a new research agenda which would include the impact of biased or repeated questioning, and requests to children from abusers to lie or keep secrets.     

Is overpunishment fairer than underpunishment? Perceptions of deviations from equity

Abstract

Three studies are presented which test hypotheses derived from Equity Theory, Prospect Theory and the principle of Diminishing Marginal Value with regard to preferences for overpunishment and underpunishment in the assignment of penalties to offences of varying severity. The first two studies showed that, with different subject samples, offences, and kinds of punishments, subjects indicated a marked preference for over-punishment rather than underpunishment, when both over punishment and under-punishment deviated from ideal, or equitable, punishment to the same degree. However, the effect was only apparent for serious offences. A third study showed that the overpunishment preference for a serious offence existed even when the overpunishment deviated 30% more from ideal punishment than underpunishment, but again no preference was shown' for the less serious offence. As the results cannot be readily explained in terms of any of the three explanatory principles, a possible explanation in terms of concept of negative reciprocity is advanced.     

A review of the role of radical feminist theories in the understanding of rape myth acceptance

Abstract

Research into rape myth acceptance (RMA) first emerged in the 1970s, when authors such as Brownmiller (1975) and Burt (1980) proposed that rape was a mechanism that allowed men to exert power over women and that the endorsement of rape myths justified this sexual dominance. These influential theories have meant that subsequent definitions of rape myths have failed to acknowledge male victims of serious sexual assault, despite an increase in prevalence rates. More recent research has attempted to explore RMA in relation to male victims, with results suggesting that men are more likely than women to endorse rape myths regarding male victims when the victim is assumed to be homosexual, or when the victim is heterosexual and the perpetrator is female. Brownmiller's theory is challenged and a more holistic view of the importance of sex-role traditionality is explored, while acknowledging the contribution of individual factors relating to the development of RMA.     

Replicating Sachs and Warner’s Working Papers on the Resource Curse

This article reports on my attempt to replicate Sachs and Warner’s 1995 and 1997 resource curse working papers. The 1995 paper is not replicable for lack of a data archive. Pure replication of the 1997 paper is achieved. Statistical replication determines that the proposed institutional causes of the resource curse are not robust to country sample. Scientific replication shows that findings of a resource curse are not sensitive to different measures of resource intensiveness, though they are sensitive to estimation technique. Typographical errors in the published paper reveal the value of researchers making both their data and code available.     

Rationalism in Public Law

Rationalism is ‘the stylistic criterion of all respectable politics’. So lamented political philosopher Michael Oakeshott in a series of essays published in the 1940s and 1950s. Rationalism, for Oakeshott, is shorthand for a propensity to prioritise the universal over the local, the uniform over the particular and, ultimately, principle over practice. It culminates in the triumph of abstract principles over practical knowledge in a manner that erodes our ability to engage in political activity. Although Oakeshott's critique was made with the practice and study of politics in mind, it has a wider relevance. Rationalism, as we see it, has become the dominant style in public law. We draw upon Oakeshott's critique to elucidate the risks associated with rationalism in public law and call for a renewed engagement with practical knowledge in the study of the constitution.     

The British Far Right's South African Connection: A.K. Chesterton,Hendrik van den Bergh,and the South African Intelligence Services

Utilising a new documentary source, namely correspondence between A. K. Chesterton (1899–1973), one of the most important figures of the post-war far right in Britain, and H. J. van den Bergh (1914–1997), the head of the South African Bureau of State Security (BOSS), this article presents a case study that leads to an enhanced understanding of the nature and workings of the overseas activities of the South African security apparatus during the 1960s, its allies and its targets. The article examines and evaluates the evidence presented in this correspondence regarding the covert operations of the South African secret services against anti-apartheid activists and other exiled ‘subversives’ based in Britain. It will demonstrate how the South African apartheid regime operated through an ideologically aligned far right proxy to physically disrupt anti-apartheid meetings and to monitor exiled dissidents, their activities and potential sources of finance, as well as exploring how Chesterton helped to refine van den Bergh's personal intellectual framework and his definition of the who and what stood behind ‘sabotage’ and ‘subversion’ in South Africa     

Skill Development and Regional Mobility: Lessons from the Australia-Pacific Technical College

Developing countries can lose part of their investment in training skilled workers who later emigrate. One innovative response is for migrants’ destination countries to help finance skilled emigrants’ training ex ante – linking skill creation and skill mobility. We describe one such project, the Australia-Pacific Technical College (APTC), which has financed vocational training in five Pacific island developing countries for employment both at home and abroad – including employment in Australia. The APTC has attained its goal of skill creation, but not its goal of skill mobility. We offer explanations for this result and lessons for future policy innovation.