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8305 results in Intersentia

Page 368 of 416

  • Chapter 1 - Introduction

  • Edited by Heidi Salaets, Katalin Balogh
  • Book:
    Children and Justice: Overcoming Language Barriers
    Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    24 July 2015, pp 1-46

  • Summary

    DEFINITIONS AND GENERAL FRAMEWORK

    THE CO-MINOR-IN/QUEST PROJECT

    A twelve-year-old German boy is returning from a trip to Spain with his parents. On the way home, the family is carjacked and robbed at a lay-by along the motorway. The parents are seriously injured by two armed carjackers who steal the family's car and all their valuables, leaving the parents for dead in the middle of the night, with their son. When the police arrive at the crime scene, they find the terrified and injured family who are immediately taken to hospital. As both parents are seriously injured, they cannot be interviewed yet. Initially, the police can only rely on the son's statement to track down the offenders. However, the boy does not speak Spanish, except for a few words picked up from the children he played with near the holiday home. How will the police communicate with him? How can the interview team ensure that the conversation with the potentially traumatized boy runs as smoothly as possible? In what ways can they provide adequate protection and support? These are the main issues the CO-Minor-IN/QUEST project dealt with and which will be reflected in this publication.

    The CO-Minor-IN/QUEST project (Cooperation in Interpreter-Mediated Questioning of Minors: JUST/201 l/JPEN/AG/2961) belonged to the Criminal Justice Support Programme, set up by the Directorate-General Justice (DG Justice) of the European Commission to co-finance project actions that ‘promote judicial cooperation within the field of criminal justice’. In the spirit of this programme, the CO-Minor-IN/QUEST project aimed at improving international cooperation between all EU member states, and particularly those belonging to the project consortium: Belgium, France, Hungary, Italy, the Netherlands and the United Kingdom. The following project partners participated in this two-year research project (January 2013 - December 2014) focused on improving interpreter-mediated child interviews.

  • - KU Leuven (University of Leuven) (Belgium): project co-ordinator;

  • - ISIT: Institut de management et de communication interculturels (Institute of Intercultural Management and Communication) (France);

  • - ESZTER Alapitvany az Eroszakos Szexualis Tamadast Elszenvedettek Rehabilitaciojara (Eszter Foundation) (Hungary);

  • - Universita di Bologna (Bologna University) (Italy);

  • - Heriot-Watt University, Edinburgh (United Kingdom);

  • - Raad voor Rechtsbijstand (Legal Aid Board) (Netherlands);

  • - Ministerie van Veiligheid en Justitie (Ministry of Security and Justice) (Netherlands).

    • Another salient feature of the CO-Minor project, as well as its international orientation, is its multidisciplinary approach.

  • Chapter 2 - Interpreted interviews with minors

  • Edited by Heidi Salaets, Katalin Balogh
  • Book:
    Children and Justice: Overcoming Language Barriers
    Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    24 July 2015, pp 47-76

  • Summary

    CASE 1: CHILD VICTIM

    (All the names of people and places are fictitious, but the events are real.)

    On a Monday evening, Klaudia arrives, with her 10-year old daughter Ewa, at the local police station, in town X (Belgium). She wants to report an indecent assault on her daughter. An acquaintance of the family is alleged to have touched the girl inappropriately.

    The police take the mother's statement while the minor is not present. This is to ensure that there is no confusion between their accounts of the events. The police then contact the public prosecutor's office by telephone. Upon the latter's request, Ewa is questioned by staff specially trained in child interviewing. They make use of the TAM interview method (Techniek van het Audiovisueel verhoor van Minder]arigen; Technique for Audio-visual interviewing of Minors).

    Ewa's parents are of Polish origin. Although Ewa goes to a Dutch-speaking school, she is able to express herself best in her mother tongue. The public prosecutor's office orders the assistance of a sworn interpreter during the interview. They also order the presence of an expert psychologist, who will be watching the interview from the observation room. She, the psychologist, is asked to analyse the child's statements and write a report of the interview.

    The police (of town X) who have created the file will also organise the audio¬visual interview. They are responsible for contacting:

  • - an interpreter. Since there is no national register of professional interpreters available, the police use the local list for their judicial district. After a few attempts, the police officer is able to contact Roza, a sworn Dutch-Polish interpreter;

  • - a police officer specially trained in audio-visual interviews (TAM). Fortunately, there is a list of staff who are on call to ensure that qualified staff members are available at anytime.

    • They must also:

  • - get in touch with the expert psychologist appointed by the public prosecutor's office;

  • - find a suitable date to meet with all the parties and book the audio-visual interview room. The interview will take place on Wednesday.

    • Pol is a member of Police Zone Y and a specially trained police officer who will conduct the child interview.

  • Chapter 4 - CO-Minor-IN/QUEST research findings

  • Edited by Heidi Salaets, Katalin Balogh
  • Book:
    Children and Justice: Overcoming Language Barriers
    Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    24 July 2015, pp 175-326

  • Summary

    SUMMARY OF THE SURVEY FINDINGS

    INTRODUCTION

    Since the project, its actions, partners, rationale and general framework have been described in the introductory chapter, in this section, we will focus on important issues concerning the survey, which basically means the methodology, the results and discussion of the results.

    First, the authors will address the traditional five Ws- and one H questions, central to every information-gathering process. First of all, the motive for the survey (why?) and, next: the time schedule (when?), the content (what?), the respondents (who?), and the distribution (where?) - all of which can be summarised in the methodology (how?). Methodology obviously covers both the design of the questionnaire and the analysis of the results.

    MOTIVES AND FIRST STEPS TOWARDS A QUESTIONNAIRE: THE WORKSHOP

    From the beginning, it was stated in the project description that a needs analysis of the parties involved in the questioning of children was necessary. It became clear that the domain of Interpreter-mediated Questioning of Minors (ImQM) had hardly been explored, as has been shown in the literature review: several publications deal with questioning of minors in criminal (and civil) proceedings, but little has been published on the situation when minors do not speak the language of the court/jurisdiction. Moreover, in this kind of setting, we are dealing with different professionals ranging from the - specially trained - police officer to the psychologist, the child support worker, the youth lawyer, the youth judge and the interpreter. A trust person is possibly present but (s)he is not necessarily an expert and/or professional; this person may be or mostly is a parent, a family member, or a close friend.

    To perform a needs analysis, it is very important to pose the right questions and to know exactly what the aims are. To explore the questioning of minors with an interpreter in more depth, a twofold methodology was applied: first, a literature review, which has been discussed in Section 1.1; secondly, since questionnaire design is extremely important, we decided to organise a workshop where experts of the different domains involved in interpreter-mediated questioning of minors could have a face-to-face meeting.

  • Preface

  • Edited by Heidi Salaets, Katalin Balogh
  • Book:
    Children and Justice: Overcoming Language Barriers
    Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    24 July 2015, pp ix-xii

  • Summary

    This book is the result of a research project entitled CO-Minor-IN/QUEST (JUST/201 l/JPEN/AG/2961), carried out under the supervision and with the support of the Criminal Justice Programme (DG Justice) of the European Union.

    The project was developed in response to Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JH. Within the group of victims, we decided to focus on a particularly vulnerable group: minors. Once the project started, it became clear that was not easy to completely set victims apart from other procedural categories in criminal proceedings (e.g. suspects and witnesses). A suspect may ultimately appear to be a victim, or a victim can be an important witness, or a witness can even become a suspect upon closer investigation. Along the way, it also became less self-evident to define vulnerability as a concept as such in an interview context involving minors. Children are vulnerable by definition and that is why it was particularly difficult to draw the line between vulnerability and extreme vulnerability. In this publication, however, we try to offer some suggestions on the subject without pretending this to be the absolute truth.

    First, the project acronym requires some further explanation: cooperation in interpreter mediated questioning of minors. The meaning of the CO-prefix can be read in a double way. It first of all symbolises the cooperation between the members of the project's research consortium located in six Member States: Belgium, France, Hungary, Italy, the Netherlands and the United Kingdom (Scotland). Secondly, it represents the cooperation between the different professionals involved in interpreter-mediated questioning of minors: legal actors (ranging from police to judges and lawyers in court), child support workers, psychologists, other professionals (e.g. paediatricians) and of course -specific to this context - interpreters.

    It is clear that the term “Minor” in the title refers to children and young people under the age of 18, as defined in the 2012/19/EU Directive.

    The abbreviation IN refers to the figure of the interpreter. Both letters are capitalised because in this particular setting the interpreter may often be considered a rather unexpected participant, one you do not think of at first.

  • Chapter 5 - Teaching Ethics

  • from PART III - TEACHING ETHICS
  • Graham Ferris
  • Book:
    Uses of Values in Legal Education
    Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    06 July 2015, pp 147-158

  • Summary

    The subject matter of the following four chapters is the teaching of ethics. This may include professional ethics. However, it encompasses far broader concerns. Oddly enough there is academic resistance to the teaching of ethics in legal education. Less oddly there is bureaucratic and political resistance. The resistance seems to come from four linked ideas. First, that modern society does not have a consensual ethical or value informed centre, and therefore we must not teach values. This idea has already been addressed in chapter 3. Second, that ethics or morality or values are somehow outside of the core concerns of higher educational practice: the ‘technocratic ideal’. Third, that behaviour, the living of an ethical life, is outside the tasks of higher education: the ‘cognitive bias’. Lastly, that it is simply not possible to teach such matters as ethics in a way that will change behaviour, which is sometimes linked to the difficulty of assessing or testing the efficacy of ethical education: the ‘efficacy objection’.

    The second to fourth of these arguments will be considered here, as a necessary preliminary to the rest of Part III. The remaining chapters in Part III deal with the necessary components for ethical action. Chapter 6 will explore moral sensitivity, a difficult capacity to develop through teaching. Chapter 7 will focus on moral reasoning, which is the component of ethical action that most closely resembles the cognitive and rational subject matter familiar to legal educators. Chapter 8 will give an account of educational practices that endeavour to teach ethics in a way that is intended to produce changes in individual beliefs, in choices around group membership and personal identity. Chapter 9 will address teaching and learning that might change behaviour in post-educational life. All four chapters have a focus on student experiences at undergraduate level. Chapter 8 will return to the problem of the proper limits to academic instruction, specifically the need to avoid assessing for ethical or political conformity with the values of academics. This return to more general concerns is necessary because of the especial risks posed by inappropriate practice in this intimate area of education.

  • Chapter 4 - Student Motivation

  • from PART II - HOW VALUES SUPPORT LEARNING
  • Graham Ferris
  • Book:
    Uses of Values in Legal Education
    Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    06 July 2015, pp 117-144

  • Summary

    INTRODUCTION: THE IDEA OF INTRINSIC MOTIVATION

    Concerns with student well-being and student engagement in their studies led to the research activity and exploratory changes in teaching practice that inform this book. One obvious place to seek guidance on issues of well-being and motivation was psychological theories. Essentially, such studies pointed towards the central importance of student identity and student values for educational practice. This chapter traces the conceptual and practice process that led to this understanding.

    If one acts for the enjoyment or sense of achievement derived from the action then the action is ‘intrinsically’ motivated. What is ‘intrinsic’ about the motivation may be the reason for acting. It is important to note what types of reason are considered intrinsically motivating: curiosity, exploration, feelings of competence or power; and what types of reason would not be so considered: it would please my mother or my son; it is necessary if I am to achieve my goals; one needs to take care when marking essays because it is a serious professional responsibility. Alternatively, what is ‘intrinsic’ about the motivation may be the lived experience of acting. Some activities simply feel good, draw the eye, and are tempting. Thus, most people like to chat and laugh together, to play sports, to listen to music and move to the beat. Of course not all social groups are attractive, we rarely enjoy sports we are unusually poor at playing, and someone else's music can be the very opposite of attractive. In short it cannot be merely the activity itself that makes it intrinsically motivating, it must be the interaction between the act and the actor. Apart from any other factors, what used to be intrinsically attractive can become dull with familiarity and repetition: novelty is oft en a part of what makes something intrinsically motivating. Finally, it is clearly not the case that these two aspects are mutually exclusive or contradictory. Oft en an activity may be intrinsically motivating because it shows both aspects.

    Thus, there seem to be at least two aspects of ‘intrinsic’ motivation identifiable.

  • Chapter 6 - Seeing Ethical Problems

  • from PART III - TEACHING ETHICS
  • Graham Ferris
  • Book:
    Uses of Values in Legal Education
    Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    06 July 2015, pp 159-168

  • Summary

    Sensitivity is about being able to perceive the ethical dimensions inherent in a situation or to be able to perceive ethical problems in acting. Without awareness there can be no conscious response. This does not necessarily lead to unethical action; there may be processes in place to avoid the risk that are built into office practice for example. However, without awareness there can be no emotional or intellectual ethical response to the situation. An example of the central importance of sensitivity can be taken from perceptions of the compulsory wearing of the Star of David by Jews as enforced by the Nazi regime. Oliner notes that amongst those who did not aid Jewish people the wearing of the Star was more often viewed with indifference:

    ‘I thought the star was some kind of pass for them [French nonrescuer]’

    ‘When I saw Jews wearing the yellow Star of David, I thought perhaps they had committed some sort of crime. Our leaders never told us why they wore the star [Rumanian nonrescuer]’

    ‘It meant nothing to me. I was not interested in Jews [Polish nonrescuer]’

    In contrast those who would act to help Jewish people often perceived the wearing of the Star of David as an ethical issue:

    ‘It was a disgrace. I felt embittered [German rescuer]’

    ‘Unjust' Inexcusable [French rescuer]’

    ‘Terrible' Devastating' So cruel [Polish rescuer]’

    However, it was possible to regard the wearing of the Star as inconsequential and still act ethically (as awareness of injustice came from other facts) or to perceive the forced wearing of the Star as a wrong yet not act ethically (as sensitivity is only one of the four necessary ‘components’ of ethical action):

    ‘When I saw a Jew wearing a yellow Star of David, I sort of laughed about it. My girlfriend and her mother were wearing it – several people I never even knew were Jewish [Dutch rescuer]’

    ‘Uneasiness, pain because of the solidarity I felt for the Jews [French nonrescuer]’

    ‘Terrible, terrible' I felt so bad for everybody to see what they were – what it represented and how they must feel [Dutch nonrescuer]’

  • Chapter 9 - Ethical Action

  • from PART III - TEACHING ETHICS
  • Graham Ferris
  • Book:
    Uses of Values in Legal Education
    Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    06 July 2015, pp 241-254

  • Summary

    TEACHING MORAL CHARACTER

    The concept of moral character, as the expression is used here, is concerned with the ability to see the ethical action through to completion. The emphasis is not on disposition or inclination to act ethically, as that has been the focus of the discussion of moral motivation. However, the fact that the word ‘character’ can mean either general disposition for action, or the ability to see a course of action through, is an indication of how close these two aspects of a person are.

    Someone who lacks character might be described as irresolute, or ineffectual, or weak, or cowardly. There is a close relationship between confidence in one's goals and moral character. The more salient the goal is to the actor the less salient is the risk of something going wrong. The more one contemplates the risks of action the less likely one is to act. Contemplation of danger can make one irresolute or cowardly. The more clearly one is sure about what to do, the more likely one is to act. Confidence in purpose allows one to act resolutely.

    Clearly, if one is sure of one's priorities, if one is wholehearted and committed to one's relevant life projects, then it is more likely that one will act effectively. Moral motivation is likely to lead to moral character. Indeed Colby and Damon found this to be true of their moral exemplars. As a group these people were notably confident, and not overly distressed by the thought of risk:

    ‘A common notion among psychologists is that moral action is a choice one makes after sorting out one's options and weighing the consequences of action or inaction to the self and others. A number of information processing models have been offered to explain this sorting and weighing process. The common theme in all of these models is the notion that individuals bring a number of evaluative frameworks to bear on problems of moral choice. There are frameworks of moral judgment, frameworks of social and personal responsibility, frameworks of self-interest and so on … Th e picture of human morality that follows from such theories is a picture of well intentioned people constantly in the throes of decision (or indecision, as the case may be) …

  • Foreword

  • Graham Ferris
  • Book:
    Uses of Values in Legal Education
    Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    06 July 2015, pp vii-x

  • Summary

    Th is book is published at a time of some turmoil in legal education in England and Wales. Since the Legal Services Act 2007 and changes in the regulatory environment there has been a series of reports and consultations that have prompted legal academics to refl ect upon what they are doing and why. The focus has been on ‘legal services education and training’ with a regulatory concern for the interests of the public as lawyers’ clients at its heart. Many views have been expressed. However, one argument which has emerged virtually unchallenged from this process is the need to develop undergraduate students’ ‘understanding of the relationship between morality and law, the values underpinning the legal system, and the role of lawyers in relation to those values’ (LETR Report, Recommendation 7). Th is book makes a signifi cant contribution to the debate as to why and how this needs to be done. Th is observation should not be taken to suggest that the book is primarily concerned with preparation for practice. It is not. It is concerned with legal education as a liberal academic education which uses law as its central discipline. Th us it should prepare students for their lives, whether as lawyers or otherwise.

    Graham has identifi ed a number of values which have informed his practice as a legal educator. One which is barely articulated in the book is transparency. It suff uses the book through the very open way in which he presents underlying principles and the rational processes that have led him to them. In so doing he articulates a number of other values which I found hard to resist.

    Pluralism is key to his approach to education. Th is involves respect for difference and an openness to frank debate. But we live in a hierarchical world where students’ self-determination can become perverted by their desire to get through the assessments and thus to meet externally-imposed goals. So another key value is self-determination achieved through relationships that are co-operative rather than manipulative. Th is has implications for overall curriculum design as well as how the individual teacher works with students.

    These, perhaps, are the key values of education.

  • Chapter 8 - Ethical Identity

  • from PART III - TEACHING ETHICS
  • Graham Ferris
  • Book:
    Uses of Values in Legal Education
    Published by:
    Intersentia
    Published online:
    22 November 2017
    Print publication:
    06 July 2015, pp 203-240

  • Summary

    It has been recognised that teaching legal ethics should not be restricted to teaching legal professional codes of conduct, but that it oft en is so treated when legal ethics form part of a compulsory curriculum. As Deborah L. Rhode writes:

    ‘Although ABA accreditation standards require schools to offer instruction in professional responsibility, the vast majority satisfy their obligation with a single mandatory course that focuses on bar disciplinary codes. Too oft en, the result is “legal ethics without the ethics”. Students learn what the codes require but lack foundations for critical analysis.’

    However, this emphasis on the cognitive and theoretical itself has been criticised as too narrow.

    In this chapter and the next the broader aspects of ethics are the focus of attention – those components of effective moral action characterised as moral motivation and moral character by Rest. It is probably in this area of ethics, the area that impinges most upon the personal morality and identity of students, that anxiety about the proper limits of academic action is most acute. It is also in this area that detailed knowledge of professional codes is irrelevant except as illustrative material. It is in this area that an undergraduate degree designed to support the personal identity development of students is most clearly justified in educational terms. Finally, the systemic impacts of legal education are likely to be important in this area, as a failure to support students in developing an ethical set of priorities invites the adoption of unethical values by young people.

    TEACHING MORAL MOTIVATION

    To be morally motivated is to care about some moral or ethical value more than other values that are present in some situation. In this context ‘values’ mean anything that someone treats as having value.

    It is important to remember that the four-component schema for ethical action is an analytical construct. It may not reflect psychological causality, nor a sequence of events in practice. A particular risk of distortion comes from our cultural narratives of moral heroism. In the words of Samuel and Pearl Oliner:

Page 368 of 416