Criminal Justice Responses to Rape and Sexual Assault (Michele Burman)

Michele Burman has undertaken a range of separate, yet inter-related, empirical projects in relation to criminal justice responses to gendered violence, in particular rape and sexual assault.  Following a series of evaluation projects undertaken with Professor Lynn Jamieson of Edinburgh University on the introduction of successive attempts at ‘rape shield’ legislation, and the relevance and admissibility of sexual history and  character evidence in sexual offence trials, Michele has recently completed a study tracking the rates of attrition in rape. This was a comparative European study, funded under the Daphne II programme led by Professor Liz Kelly of London Metropolitan University, and Michele produced the Scotland country report.   

With Jenny Johnstone (an SCCJR associate), Michele has also recently completed two projects on the impact and potential of the Gender Equality Duty (GED) for the Equalities and Human Rights Commission: the first examined the impact of the GED on the Scottish criminal justice process, and the second examined the scope of the GED as a driver for change in relation to responses to gendered-violence.

Key Findings from the Research
Michele’s research reveals the contextualised and gendered features of the principles and practices of criminal justice processes. For example, the work on rape shield legislation reveals some of the limitations of legal reform in the area of gender-based violence; it shows clearly the ways in which the outcome of various strands of legal practice can have consequences which undermine reforming intentions. The introduction of rape shield legislation, designed to restrict the use of questioning and evidence about the complainer’s sexual history and character, has had an unanticipated and perverse outcome. Paradoxically, use of the legislation has increased the likelihood questioning on sexual history and character rather than limiting it, such that 7 out of 10 complainers in the most serious sexual offence trials are now virtually guaranteed to be questioned on their sexual history and sexual character. In sexual offence trials, lawyers are not just “interpreting” the law but are implementing it through legal practice in ways that “fit” with legal constructions and understandings of fairness, and this can often be in tension with the legislative intent.  

Impact
Michele has presented findings from her different research projects to a range of academic, policy and practitioner audiences. In the course of the past year, she has delivered presentations at two inter-sectoral policy seminars in Glasgow (in March and May 2009); to the Crown Office and Procurator Fiscal Service annual conference on Sexual Offences (June 2009); to the British Criminology Conference in Cardiff (July 2009) and to the Association of Criminal Justice Research and Development annual conference in Dublin (Oct 2009). She presented a paper on the limitations of law reform in relation to sexual offences to the European Society of Criminology in Sept 2009, and was invited, along with Gill McIvor to present at an international symposium on gender, crime and justice in A Coruna, Spain in January 2010.  Michele’s article entitled ‘Evidencing Sexual Assault: Women in the Witness Box’ published in the Probation Journal won the prize for best article of 2009.

The findings from her most recent research on rape shield legislation are currently utilised by the Crown  Office and Procurator Fiscal Service within their accredited training programme for prosecutors investigating sexual offences; this research has also been cited in a 5 judge bench House of Lords Appeal Court judgment; it informed the Government’s policy consultation document  Redressing the Balance: Cross-examination in Rape and Sexual Offence Trials; it formed the basis of expert evidence provided to the Justice 2 Committee during the pre-legislative stages of the Sexual Offences (Procedure and Evidence (Scotland) Bill , and has been used in a series of judicial training seminars from 2006-2008. In April 2010, Michele took part in the filming of an innovative training DVD on sexual offences for the Judicial Studies Committee.  Michele also provided input to the Scottish Law Commission during their root and branch review of the Law on Rape and Sexual Offences, and gave expert evidence to the Scottish Parliament’s Justice Committee on the Sexual Offences (Scotland) Bill. Michele is regularly called upon to provide input and advice to the Scottish Government and other organisations: most recently in relation to the development of a Victimisation Strategy for Scotland, and to the Equalities and Human Rights Commission on their Inquiry into Trafficking for Sexual Exploitation.
 
To view details of Michele’s publications in this area see http://www.sccjr.ac.uk/staff/Prof-Michele-Burman/2.

Young Runaways (Margaret Malloch)



Margaret has been involved in a range of research projects about young runaways funded by the Aberlour Child Care Trust, Scottish Coalition for Young Runaways, Scottish Government and the SCCJR capacity fund.  This work has been published in reports for practice and policy organisations and developed for submission to academic journals.

Key Findings from the Research
Along with Cheryl Burgess, Margaret conducted a scoping study entitled ‘Services for Young Runaways’. This study highlighted the operation of differential responses in place for children and young people who run away from home, and those who run from substitute care, who were more likely to run away repeatedly.  While various strategies were in place to improve the experiences of young people who were looked after and accommodated, there was less awareness of the needs and circumstances of young people who ran from home, many of whom were not reported missing to statutory services.  The different issues facing young people running from home and ‘care’ were often overlooked. Runaways from home received a poor service yet there was apparent compliance with guidance because attention was focused on young people reported missing from care.

There was no shared definition between agencies of what constituted a ‘young runaway’ and patterns of recording these young people varied. This meant that figures which could provide some indication of the extent and nature of the problem of running away did not exist. Accordingly statutory agencies experienced difficulties in allocating resources to this issue; where specialist services, generally located in the independent sector existed, they were able to highlight the needs of young people within local areas.

Although there was clearly confusion and lack of clarity over definitions and the availability of statistical data to assess the incidence of actual running away, the data collection process for the scoping study highlighted some of the complex issues facing statutory agencies.  A National Working Group has taken the findings of the scoping study forward to develop practice and policy responses in Scotland.

Impact
The research has had wide-ranging impact within relevant local authority social work departments in Scotland. Changes have been made to data collection concerning the incidence of running away by social work departments, and as recommended by the research, a statement of practice specifically relating to young runaways is now included in all local authority Plans for Children’s Services. Several related pilot projects have been introduced in Scotland (for example, the Grampian Return Home Welfare Interviews Pilot introduced by Grampian Police in 2009 and currently being evaluated by Margaret and colleagues at the University of Stirling and IPSO Mori Scotland). The scoping study identified gaps in data collection and service response which highlighted the potential risks facing young runaways and the potential for young people to become victims of organised crime (such as ‘trafficking) within Scotland.  Margaret was invited on to the Research Advisory Group (convened by the Home Office) of a recent nation-wide review of emergency accommodation services for young runaways.  Additionally, the research is informing ways of conceptualising and theorising the issue of running away (in terms of risk, responsibility and safety). This work being developed by Margaret (and colleagues) has the potential to make a significant contribution to academic discourse in this area.

To access the scoping study entitled ‘Services for Young Runaways’ see http://www.sccjr.ac.uk/pubs/A-Scoping-Study-of-Services-for-Young-Runaways-for-1-in-9-Scottish-Coalition-for-Young-Runaways/30.

Alcohol, Glass and Violence (Alasdair Forsyth) 

Alasdair Forsyth has conducted a range of research projects focusing on the links between alcohol-related glass, and its role in increasing the severity of violence, and in other forms of anti-social behaviour or injury risk.  This initially involved an exploration of the impact of introducing drinking vessels manufactured in mediums other than annealed glass (e.g. plastics, aluminium or ‘safety glassware’) to serve alcohol at on-trade premises, specifically the impact of a glassware ban in Glasgow’s late night drinking venues (i.e. those holding an entertainments license).  His paper, ‘Banning Glassware from Nightclubs in Glasgow’, assessed the impact of the glassware ban and patrons attitudes towards it, by combining police data, participant observation and interviews with nightclub patrons. 

Alasdair then led a research project investigating alcohol-related detritus in community settings; which combined interviews with off-sales workers and a survey of alcohol related litter. The latter phase of this project was accomplished by photographing and mapping the remains of all branded bottles and cans or other alcohol detritus, lying within a residential community (population 23,000) in mid Scotland. As a comparator, ‘An Investigation into the environmental impact of off-licensed premises on residential neighbourhoods’ also recorded any illicit drug-related detritus found littering the survey area.

At this time, he was also involved in related research which conducted Focus Groups with youthful street drinkers, in situ, at various locations ranging from central Glasgow to rural parts of Central Scotland.  ‘Young People’s Street Drinking Behaviour: Investigating the Influence of Marketing & Subculture’ was unique in that it combined the observation of drinking behaviours (in parks, public squares etc.) with qualitative interviews, and helped to explain why young people consume certain alcohol brands in these alfresco locations and how this relates to policing and alcohol policy.

Finally, Alasdair was involved in ongoing Scottish Prison Service (SPS) research into alcohol use amongst male young offenders in custody. ‘Alcohol and Violence among Young Male Offenders in Scotland’ combined a self-complete survey of 172 offenders in 2007 with 30 qualitative interviews conducted in 2008, which is one of the only studies of youth violence in Scotland in recent years.

Key Findings from the Research
The nightclub research revealed that although replacing glass with other types of vessels is unlikely to reduce the incidence of violent events, what it will do is reduce the severity of such events.

The photographic mapping survey of alcohol and drug related detritus, found that the presence of such litter, especially broken glass, was statistically significantly related to variations in local area deprivation, rather than proximity to an off-sales premises.  This is a finding which raises doubts over the efficacy of any future alcohol social-responsibility policies based on the ‘polluter pays principle’. Only 3 instances of drug related detritus were identified (none of which comprised needles / syringes) compared to 1,406 instances of brand identifiable alcohol-related detritus (including 587 glass bottles, 67% of which were smashed).

A majority (53.4%) of the 172 Scottish Young Offenders surveyed were found to be in custody for a serious violent offence and most (81.3%) had been drinking prior to their current offence. In this survey, a “bottle” was the weapon which was the second most often reported as being ‘used’ “to injure someone”.   However, few of these young offenders reported intentionally ‘carrying’ a bottle (unlike other weapons, particularly knives). In addition, most (80.5%) of young offenders who reported having used any weapon to injure someone stated that they had consumed alcohol prior to doing so. The potential link between alcohol, glass bottles and the severity of violence was confirmed during the subsequent qualitative interviews with young offenders, which revealed accounts of violent incidents where a bottle had been used simply because this was what was in their hand at the time, during a drinking session, or because of the ubiquitous nature of bottles at the locations where they drank and fought in the community.

One alcohol product “Buckfast Tonic Wine” accounted for 54% of all glass alcohol-related detritus in the photographic survey.  Further, the same brand had been consumed by 43% of the young offenders surveyed prior to their current offence, either alone or in combination with other drinks or drugs (particularly diazepam).  However, the young offenders did not equate this beverage’s effects with violence, despite describing serious violent incidents involving Buckfast bottles, that attribution was reserved for spirits (i.e. strong alcohol).

Impact
Alasdair’s research has been consulted and cited by various individuals and organisations outside academia.  His article ‘Banning Glassware from Nightclubs in Glasgow’ was voted as one of the 50 best ever examples of alcohol harm reduction research by the International Harm Reduction Association (IHRA 2008).  Alasdair’s work is often quoted in the press and has been regularly cited in the Scottish Parliament.  Given his knowledge in this area Alasdair has also been invited to give evidence to the Scottish Parliament, recently providing evidence about the Alcohol (Scotland) Bill to the Health and Sport Committee.  

To view Alasdair’s publications on this topic see http://www.sccjr.ac.uk/staff/Dr-Alasdair-J-M-Forsyth/8.

Offender Supervision (Fergus McNeill)
Fergus McNeill has been involved in a range of academic, policy and practice focused projects concerned with interpreting a developing body of criminological evidence about how and why people stop offending, and assessing what public policy and practice might do to better prompt, support and sustain this process. Recently with colleagues from Edinburgh University and from Justice Analytical Services in the Scottish Government, Fergus Fergus led a literature review on this topic, commissioned by the Scottish Government (Community Justice Division), resulting in a report entitled 'Towards Effective Practice in Offender Supervision' (TEPiOS). Fergus also chairs the international Collaboration of Researchers for the Effective Development of Offender Supervision (CREDOS) which now has about 30 members, mostly from English-speaking jurisdictions in North America, the UK and Australasia. The members of CREDOS are pre-eminent researchers in this field and will be producing an edited book entitled 'Offender Supervision; New Directions in Theory Research and Practice' in late 2010; this will be the definitive contemporary collection on the topic, to be launched at the American Society of Criminology Conference in San Francisco in November. The TEPiOS report has contributed principally to theoretical debates about how best to understand desistance. More particularly, it has engaged with key normative and empirical questions about how and why existing systems and practices might best be reformed so as to better support desistance in the interests of offenders and the wider public.  

Key Findings from the Research
•    Offender supervision practices need to be rooted in clearer understandings of the nature of the process they exist to support.
•    Relationships lie at the heart of the desistance process; supervision must attend to this relational context of change.
•    Programmes to develop offenders’ skills are important but are only a part of supporting desistance; offender supervision also needs to be about developing motivation to change, helping people imagine how they might change, and building hope that change can happen.
•    Just as importantly, offender supervision must address the social context of desistance, which requires the development of social capital as well as human capital.


Impact
The report 'Towards Effective Practice in Offender Supervision' (TEPiOS) has been influential in informing rehabilitation strategies in the Scottish Prisons Service, in Criminal Justice Social Work and in the Risk Management Authority. It also formed the basis for a presentation at the Council of Europe (in partnership with the Conference Permanente Europeenne de la Probation -- the agency of European probation organisations) which served to promote the work across Europe and has led to invitations to engage with policy and practice audiences in Belgium, Finland, Norway and Romania, and has  latterly resulted in a commissioned consultancy from the National Offender Management Service of England and Wales exploring the implications of desistance research for offender management. Fergus also recently spoke about this work at a British Society of Criminology/British Academy/ESRC event on 'Showcasing Criminology'.

To access the report ‘Towards Effective Practice in Offender Supervision’ see http://www.sccjr.ac.uk/pubs/Towards-Effective-Practice-in-Offender-Supervision/79.

International Market in Illicit Antiquities (Simon Mackenzie)

Simon Mackenzie has conducted two empirical research projects into looted antiquities to date which have made a significant contribution to our understanding of how the antiquities market functions.  Most recently this has resulted in a co-edited book (with Penny Green) entitled Criminology and Archaeology, which considers the interdisciplinary nature of the field.

Key Findings from the Research
The relationship between law and social action is a complex one. In the antiquities market, as elsewhere, there has tended to be an assumption that by passing restrictive laws, the illicit behaviour of dealers in cultural property will be curtailed, and cultural property around the world will be protected against trafficking. The empirical studies mentioned in the research suggest that this legalistic interpretation of the regulation of market behaviour is flawed. The research conducted has consisted of interviewing key players in the market, including high level dealers, in order to understand their mindsets and trading routines, and to find out how they actually change their behaviour (if at all) in light of new laws attempting to criminalise dealing in looted antiquities. The findings have been that the current regulatory structure, although extensive, contains many loopholes which allow the illicit trade to continue to function.   
 
Impact
This work has made a contribution to academic criminology on various levels. First, it has brought to attention an under-researched and little-understood transnational criminal market, and through simply uncovering and detailing the mechanics of the trade, it has added to criminology’s understanding of how transnational criminal markets work. Second, it has contributed to our understanding of the ‘crimes of the powerful’ in its suggestion that antiquities dealers can be considered white-collar criminals, and its analysis of how these powerful wrongdoers influence the definitions of crime used by the criminal law. Third, it has expanded our understanding of the importance of discursive ‘techniques of neutralisation’ in allowing people to do things that they know, on some level, are wrong. And finally, by applying regulatory theory to the question of the governance of the market, it has tested some of the claims of that theory to the provision of a workable net of control. 

As a consequence of Simon’s knowledge and expertise on the topic, he was invited to act as an expert adviser to the UN Office on Drugs and Crime in November 2009 in respect of an intergovernmental meeting on protection against trafficking in cultural property.  Simon also provided a background discussion paper to set the context for that meeting and was involved in drafting recommendations which were then negotiated among the national delegates, agreed, and will be put before the 19th UN Commission on Crime Prevention and Criminal Justice in May 2010. Simon will be part of the delegation of the International Scientific and Professional Advisory Council of the UN Crime Prevention and Criminal Justice Programme (ISPAC) at the 12th UN Congress on the Prevention of Crime and the Treatment of Offenders in Brazil in April 2010 where he will present a discussion of the recommendations. He will be back in Vienna in May at the 19th Crime Commission with ISPAC to discuss the recommendations and their crime prevention aims.

For details of Simon’s recent publications on this topic see http://www.sccjr.ac.uk/pubs/Criminology-and-Archaeology/157