Anastasia Powell

Asher Flynn

Nicola Henry

Beyond the Criminal Law

Rape Justice

Jacqueline Hodgson

This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.

Comparative Perspectives on Unmet Legal Need

Access to Justice and Legal Aid

Kelly Johnson

Clare McGlynn

Adrian J. Scott

This book investigates the causes and consequences of image-based sexual abuse in a digital era. Image-based sexual abuse refers to the taking or sharing of nude or sexual photographs or videos of another person without their consent. It includes a diversity of behaviours beyond that of "revenge porn", such as the secret trading of nude or sexual images online; "upskirting", "downblousing" and other "creepshots"; blackmail or "sextortion" scams; the use of artificial intelligence to construct "deepfake" pornographic videos; threats to distribute photographs and videos without consent; and the taking or sharing of sexual assault imagery. This book investigates the pervasiveness and experiences of these harms, as well as the raft of legal and non-legal measures that have been introduced to better respond to and prevent image-based sexual abuse. The book draws on groundbreaking empirical research, including surveys in three countries with over 6,000 respondents and over 100 victim-survivor and stakeholder interviews. Guided by theoretical frameworks from gender studies, sociology, criminology, law and psychology, the authors argue that image-based sexual abuse is more commonly perpetrated by men than women, and that perpetration is higher among some groups, including younger and sexuality minority men. Although the motivations of perpetrators vary, a dominant theme to emerge was that of power and control. The gendered nature of the abuse means that it is best understood as a "continuum of sexual violence" because victim-survivors often experience it as part of a broader pattern of gendered harassment, violence and abuse. Written in a clear and direct style, this book will appeal to students and scholars of criminology, sociology, law and psychology. Image-based Sexual Abuse is also an essential resource for activists, legal and policy practitioners, technology companies and victim-survivors seeking to understand the deeply complex nature of intimate-image sharing in a digital era.

A Study on the Causes and Consequences of Non-consensual Nude or Sexual Imagery

Image-based Sexual Abuse

Jane Bailey

The ebook edition of this title is Open Access and freely available to read online This handbook features theoretical, empirical, policy and legal analysis of technology facilitated violence and abuse (TFVA) from over 40 multidisciplinary scholars, practitioners, advocates, survivors and technologists from 17 countries

The Emerald International Handbook of Technology-Facilitated Violence and Abuse

Arie Freiberg

This book explores victims’ views of plea negotiations and the level of input that they desire. It draws on the empirical findings of the first in-depth study of victims and plea negotiations conducted in Australia. Over the last 50 years, the criminal justice system has seen major changes in both the role that victims play in the justice process and in how the vast majority of criminal cases are finalised. Guilty pleas have become the norm, and many of these result from negotiations between the prosecutor and the defence. The extent to which the victim is one of the participating parties in plea negotiations however, is a question of law and of practice. Drawing from focus groups and surveys with victims of crime, Victims and Plea Negotiations seeks to privilege victims’ voices and lived experiences of plea negotiations, to present their perspectives on five options for enhanced participation in this legal process. This book appeals to academics and students in the areas of law, criminology, sociology, victimology and legal studies, those who practice in the criminal justice system generally, those who work with victims, and policy makers.

Overlooked and Unimpressed

Victims and Plea Negotiations

Despite a popular view that trials are the focal point of the criminal justice process, in reality, the most frequent way a criminal matter resolves is not through a fiercely fought battle between state and defendant, but instead through a process of negotiation between the prosecution and defence, resulting in a defendant pleading guilty in exchange for agreed concessions from the prosecution. This book presents an original empirical case-study of plea negotiations drawing upon interviews with legal actors and an analysis of defence practitioner case files, to shine light on the processes and ways in which an agreed outcome is reached in criminal prosecutions, within the setting of a jurisdiction, like many others world-wide, which is suffering major shifts in state resources. Plea negotiations, also referred to as “plea bargaining”, “negotiated guilty pleas” and “negotiated resolutions” are neither an alloyed benefit nor a detriment for defendants, victims or the criminal justice system generally, and like all compromises, this book shows how the perfect “justice” outcome gives way to the good, or just the reasonably acceptable justice outcome.

Pragmatic Justice in an Imperfect World

Plea Negotiations

Lisa Sugiura

This handbook provides a comprehensive treatise of the concepts and nature of technology-facilitated gendered violence and abuse, as well as legal, community and activist responses to these harms. It offers an inclusive and intersectional treatment of gendered violence including that experienced by gender, sexuality and racially diverse victim-survivors. It examines the types of gendered violence facilitated by technologies but also responses to these harms from the perspectives of victim advocates, legal analyses, organisational and community responses, as well as activism within civil society. It is unique in its recognition of the intersecting drivers of inequality and marginalisation including misogyny, racism, colonialism and homophobia. It draws together the expertise of a range of established and globally renowned scholars in the field, as well as survivor-advocate-scholars and emerging scholars, lending a combination of credibility, rigor, currency, and innovation throughout. This handbook further provides recommendations for policy and practice and will appeal to academics and students in Criminology, Criminal Justice, Law, Socio-Legal Studies, Politics, as well as Women’s and/or Gender Studies.

The Palgrave Handbook of Gendered Violence and Technology

This book explores the burgeoning interest in alternative and innovative justice responses to sexual violence both within and outside the legal system. It explores the limits of criminal law for achieving 'rape justice' and highlights possibilities for expanding how we think about justice in the aftermath of sexual violence.

Kate Fitz-Gibbon

Tina Thomas would have been turning 35 on the day that her husband of less than two weeks stood trial for her murder in the Jefferson County Courthouse in Birmingham, Alabama, US. Eight years and almost four months had passed since Tina died on her honeymoon, while scuba diving near the SS Yongala wreck on the Great Barrier Reef in Northern Queensland, Australia. During this period, there had been extensive police investigations conducted by local, state and federal agencies in Queensland and...

Asher Flynn

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