• Beyond Expansion or Restriction? Models of Interaction between the Living Instrument and Margin of Appreciation Doctrines and the Scope of the ECHR

      Ita, Rachael; Hicks, David; De Montfort University; University of Derby (Brill, 2021-06-23)
      The living instrument doctrine of the European Court of Human Rights (ECtHR) is criticized as restricting the margin of appreciation of States and expanding the scope of the European Convention on Human Rights (ECHR). Systematic examination of this claim is usually overlooked in the context of the relationship between the admissibility and merits phase of ECtHR cases. This paper considers this claim in the context of jurisdictional arguments on incompatibility ratione materiae (subject matter outside the scope of the Convention) and the link to the merits of the case. Case law of the ECtHR from January 1979 to December 2016 is assessed to elaborate four models of interaction between the margin of appreciation and living instrument doctrines. This paper argues the need to go beyond consideration of expansion and restriction of the scope of the ECHR, and to assess the Court’s appetite for allocating new duties to States based upon the case arguments and positioning of living instrument and margin of appreciation doctrines.
    • Investigative empathy: a strength scale of empathy based on European police perspectives

      Baker, Bianca; Bull, Ray; Walsh, Dave; University of Derby; De Montfort University (Taylor and Francis, 2020-05-14)
      A growing body of research suggests that empathy may play a major role in establishing and maintaining rapport during police interviews. The benefits of rapport include not only increased cooperation from interviewees, but also gaining more accurate investigation-relevant information. However, despite a large amount of research on empathy which already exists, there still is, unfortunately, no universally agreed-upon definition and very little research on operationalizing and implementing appropriate forms of empathy, especially within the realm of investigative interviewing. Therefore, the present study was conducted with the goal of better understanding empathy from a police perspective and developing a way to assess and operationalize empathy for use in police interviews with suspects of high risk crimes (particularly with sex offences). The study considers police interviewers’ varying definitions of empathy in seven European countries, along with other factors. It analyzed police interviewers’ self-reports regarding their (i) training and methods employed during interviews, (ii) application of empathy in interviews, and (iii) definitions/understanding of empathy. Based on their answers, the various definitions of empathy were compiled and then placed on a new strength scale. It was found that officers in all participating countries varied within each country in their use of accusatory or information-gathering interview styles, suggesting that the methods employed were not systematically and uniformly taught and/or applied. The majority of participants in each country claimed to currently employ empathy in their interviews with suspects, yet they varied on their strength of the definitions provided. In no country was empathy considered useless in interviews and in no country was empathy defined as having aspects that may not be conducive to investigative interviewing.
    • Investigative empathy: Five types of cognitive empathy in a field study of investigative interviews with suspects of sexual offences

      Baker-Eck, Bianca; Bull, Ray; Walsh, Dave; University of Derby; De Montfort University (International Investigative Interviewing Research Group, 2021-04)
      Empathy in investigative interviews has increasingly become a focus in the recent literature on investigative interviewing as its implementation may aid in building and maintaining rapport. Displaying empathy in interviews is claimed to have positive impacts on the provision of investigation relevant information and the cooperation of interviewees. However, the literature currently omits practically operationalizing empathy, which would provide a means of implementing it effectively in investigative interviews. As such, the present study examines empathic displays by interviewers employed in interviews with suspects of high-risk crimes such as sexual offences in order to see what types are applied as a step towards identifying and possibly defining/operationalizing empathy during investigative interviews in the future. 19 audio-tapes of police interviews with suspects of sexual crimes in England and Wales conducted by experienced police interviewers were coded for their empathic displays and suspects’ level of cooperation throughout the interviews. Five different types of empathy were found to be employed. Interviews that had higher levels of suspect cooperation involved all five types of investigative empathy, whereas interviews in which fewer types of empathy were displayed had less cooperation (by offering less or no information). Thus, the use of investigative empathy in investigative interviews can indeed be recommended.
    • Probation occupational cultures for the future

      Burke, Lol; Teague, Michael; Ward, David; Worrall, Anne; Liverpool John Moore University; University of Derby; De Montfort University; Keele University (De Montfort University and Sheffield Hallam University, 2016-03-15)
      This article is based on a discussion, between the four co-authors, that took place over two days during the 'Conversation with Paul Senior' in Kendal in January 2016. Conscious that we have each undertaken research into aspects of occupational cultures in Probation and Social Work, we spent some time on the first day devising questions that we might ask ourselves in order to imagine what occupational cultures in Probation might be like in 2020.
    • Reinforcing users’ confidence in statutory audit during a post-crisis period: An empirical study.

      Aziz, U.A.; Omoteso, Kamil; De Montfort University; Coventry University (Emerald Group Publishing Limited, 2014-11-04)
      Purpose – The purpose of this paper is to examine the factors that are perceived as important for the statutory audit function to restore confidence in the financial statements, its value relevance and decision usefulness in the aftermath of the financial crisis. Design/methodology/approach – This research used a structured questionnaire to collect data from practising accountants, auditors and accounting academics within the UK. A factor analysis was undertaken to examine the potential inter-correlations that could exist between different factors obtained from the literature. The analysis reduced these variables into the more important factors which were subsequently modelled in a logistic regression analysis. Findings – The paper identified, as critical factors for enhancing statutory audits, “a continuously updated accounting curriculum”, “expansion of the auditor's role”, “frequent meetings between regulators and auditors”, “mandatory rotation of auditors”, “limiting the provision of non-audit services”, “knowledge requirements from disciplines other than accounting” and “encouraging joint audits”. It is hoped that addressing these issues might improve confidence in the audit profession, thereby reinforcing its value relevance. Research limitations/implications – The study's findings imply that professional accountancy bodies, accounting educators and accounting firms will need to incorporate the key factors identified in this study into their curriculum and training schemes. However, the generalisability of these findings might be limited as the research data were primarily obtained from UK accountants alone. Originality/value – This study extends the frontiers of knowledge on critical factors that could reinforce users’ confidence in the statutory audit function and have implications for policy and practice.
    • Review of survey methods in events management research

      Fletcher, Richard; Bostock, James; University of Derby; De Montfort University (Cognizant Communication Corporation, 2019)
      Questionnaire-based surveys are a common data collection tool in events research as established by earlier reviews of methods within the literature. This paper examines and critiques the historic development, current position, gaps in knowledge and future implications for survey-based research. Some diversity is found within survey-based research, however the majority was carried out: as a single method (86%), in physical proximity to the event (67%), during the event (49%), using paper-based forms (65%), designed for self-completion (94%). The event types most commonly targeted were: Sports (43%) Festivals & Celebrations (20%) and Music (12%). The stakeholders targeted were: Audiences (54%), Non-participants (16%) and Managers (12%). Sampling methods, where stated, were likely to be random (23%) or convenience based (22%). Despite the predominance of this data collection tool, numerous areas are ideally in need of further understanding and experimentation. Priorities for future survey-based research are in using mixed methods, multiple surveys, electronic surveys, more deliberate approaches to sampling overall; specifically sampling both before and after events. Targeting stakeholders other than audiences and covering a broader range of events may also be desirable. Emerging technologies and a typology of survey-based research are discussed. The use of survey-based research by policy makers and funders is discussed under the label of ‘operationalised knowledge management’.