1,720,963 research outputs found
‘Gold Standard' Legislation for Adults Only : Reconceptualising Children as ‘Adjoined Victims' Under the Domestic Abuse (Scotland) Act 2018
Full text linkOpen access via Sage R&P agreement Acknowledgements The authors are very grateful to colleagues and the anonymous peer reviewers who offered insightful feedback on this article prior to publication. Any errors remain our own. Funding The author(s) received no financial support for the research, authorship and/or publication of this article.Peer reviewe
The jury is an inappropriate decision-making body in rape trials in Scotland: Not Guilty, Not Proven, Guilty?
Full text linkThis thesis reviews the influence of prejudicial social attitudes on jury decision-making in rape trials, and considers whether the verdict in rape cases should continue to be determined by a jury in Scotland. Rape law reform is recognised internationally as having had limited impact to date, in terms of either improving the low conviction rates for rape or reducing the systematic re-victimisation of adult female complainers. This issue is discussed within the context of negative social attitudes about rape and rape victims, and the contribution of these to the gap between law and practice in rape cases. The potential influence of different types of prejudicial social attitudes on juror decision-making in rape trials is considered in depth, including the extent to which these may negatively impact on the outcome of trials. The likely interaction between juror attitudes and the Sexual Offences (Scotland) Act 2009 means that the influence of prejudicial attitudes in the jury may largely nullify the progressive intentions of this legislation. Potential measures to counter these negative social attitudes about rape are considered. However, it is argued that the deliberative process is an inadequate safeguard against prejudicial decision-making and that other measures, such as juror education, may be of limited efficacy. This thesis concludes that lay participation should be removed from the decision-making process in rape trials and replaced by a specialised judge based system. This outcome would be in line with the institutional responsibility of the criminal justice system to ensure the objective delivery of the law in practice, and that the cost to the complainer of pursing justice is not re-victimisation
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Establishing a miscarriage of justice in Scotland : an analysis of 100 recent appeals against criminal conviction
Full text linkThis article addresses a significant gap in knowledge about criminal appeals against conviction in Scotland by providing an empirical analysis of 100 recent reported appeals heard by Scotland’s highest court of criminal appeal. Three key questions are answered. First, how often were appeals against conviction successful? Second, what were the relative frequencies of the different grounds of appeal raised in the cases? And third, what were the success rates for the individual grounds? The findings of this research support two broad conclusions. First, that Scotland’s independent post-conviction review body, the Scottish Criminal Cases Review Commission, is necessary and valuable. Second, that there are questions about the accessibility and attainability of direct appeals, and thus, the effectiveness of appellate review in Scotland. This research indicates that the question of whether Scotland has a system that can "identify and remedy genuine miscarriages of justice" is very much a live issue
Regulating Consensual Sexual Behaviour Between Older Children : The Case Against the Current Approach under the Sexual Offences (Scotland) Act 2009
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AB v HM Advocate: Rationalising Restrictions on the Use of the "Reasonable Belief" Defence
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Establishing a miscarriage of justice in Scotland : An analysis of 100 recent appeals against criminal conviction.
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Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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