The need for competence tests : Queensland judicial perspectives on non-accused child witnesses in criminal proceedings : Part 1.

To examine the question of whether Queensland judicial officers endorse the need for competence tests for non-accused child witnesses in criminal proceedings, a mail survey was sent to judicial officers - questions considered the need to distinguish between children's sworn and unsworn evidence - relevance of age to competence - desirability of competence test formalities.

The content of competence tests: Queensland judicial perspectives on non-accused child witnesses in criminal proceedings: Part 2

Part 1 appeared in UNIVERSITY OF QUEENSLAND LAW JOURNAL 22 (2) 2003 : 199-223 (AGIS 04/2890) - judicial perspectives on the content of competence tests for sworn and unsworn evidence - substantive criteria may vary according to whether a child is to testify sworn or unsworn - formal framing may vary given a judicial appraisal of a child's capacity and understanding - referability of competence tests to the Queensland legislation.

Queer enough? Contested terrains of identity deployment in the context of gay and lesbian public activism in Poland

Gay and lesbian prides and marches are of crucial relevance to the way in which non-heterosexual lives are imagined internationally despite regional and national differences. Quite often, these events are connected not only with increased activist mobilisation, but also with great controversy, which is the case of Poland, where gay and lesbian marches have been attacked by right-wing protesters and cancelled by right-wing city authorities on a number of occasions. Overall, the scholars analysing these events have largely focused on the macro-context of the marches, paying less attention to the movement actors behind these events. The contribution of this thesis lies not only in filling a gap when it comes to research on sexual minorities in Eastern Europe/Poland, but also in its focus on micro-level movement processes and engagement with theories of collective identity and citizenship. Furthermore, this thesis challenges the inscription of Eastern European/Polish movements into the narrative of victimhood and delayed development when compared to LGBT movements in the Global North. This thesis is grounded in qualitative research including participant observation of public activist events as well as forty semi-structured interviews with the key organisers of gay and lesbian marches in Warsaw, Poznan and Krakow between 2001 and 2007, and five of these interviews were further accompanied by photo-elicitation (self-directed photography) methods. Starting from the processes whereby from 2001 onwards, marches, pride parades and demonstrations became the most visible and contested activity of the Polish lesbian and gay movement, this thesis examines how the activists redefined the meanings of citizenship in the post-transformation context, by incorporating the theme of sexual minorities' rights. Using Bernstein's (1997, 2002, 2005, 2008) concept of identity deployment, I show how and when movement actors use identity tactically, depending on their goals. Specifically, in the context of movement-media interactions, I examine the ways in which the activists use marches to challenge the negative representations of sexual minorities in Poland. I also broaden Bernstein's framework to include the discussion of emotion work as relevant to public LGBT activism in Poland. Later, I discuss how the emotions of protests allowed the activists to inscribe their efforts into the "revolutionary" narrative of the Polish Solidarity movement and by extension, the frame of citizenship. Finally, this thesis engages with the dilemmas of identity deployment strategies, and seeks to problematise the dichotomy between identity-based gay and lesbian assimilationist strategies and the anti-identity queer politics.

Having your day in court:judicial opportunity and tactical choice in Anti-GMO campaigns in France and the United Kingdom

Investigating the recent direct action campaigns against genetically modified crops in France and the United Kingdom, the authors set out to understand how contrasting judicial systems and cultures affect the way that activists choose to commit ostensibly illegal actions and how they negotiate the trade-offs between effectiveness and public accountability. The authors find evidence that prosecution outcomes across different judicial systems are consistent and relatively predictable and consequently argue that the concept of a “judicial opportunity structure” is useful for developing scholars’ understanding of social movement trajectories. The authors also find that these differential judicial opportunities cannot adequately account for the tactical choices made by activists with respect to the staging of covert or overt direct action; rather, explanations of tactical choice are better accounted for by movement ideas, cultures, and traditions.

Audience design in the police interview:the interactional and judicial consequences of audience orientation

Police-suspect interviews in England & Wales are a multi-audience, multi-purpose, transcontextual mode of discourse. They are conducted as part of the initial investigation into a crime, but are subsequently recontextualised through the judicial process, ultimately being presented in court as evidence against the interviewee. The communicative challenges posed by multiple future audiences are investigated by applying Bell’s (1984) audience design model to the police interview, and the resulting "poor fit" demonstrates why this context is discursively counter-intuitive to participants. Further, data analysis indicates that interviewer and interviewee, although ostensibly addressing each other, may orientate to different audiences, with potentially serious consequences. As well as providing new insight into police-suspect interview interaction, this article seeks to extend understanding of the influence of audience on interaction at the discourse level, and to contribute to the development of theoretical models for contexts with multiple or asynchronous audiences.

An analysis of police interview discourse and its role(s) in the judicial process

This study analyses the current role of police-suspect interview discourse in the England & Wales criminal justice system, with a focus on its use as evidence. A central premise is that the interview should be viewed not as an isolated and self-contained discursive event, but as one link in a chain of events which together constitute the criminal justice process. It examines: (1) the format changes undergone by interview data after the interview has taken place, and (2) how the other links in the chain – both before and after the interview – affect the interview-room interaction itself. It thus examines the police interview as a multi-format, multi-purpose and multi-audience mode of discourse. An interdisciplinary and multi-method discourse-analytic approach is taken, combining elements of conversation analysis, pragmatics, sociolinguistics and critical discourse analysis. Data from a new corpus of recent police-suspect interviews, collected for this study, are used to illustrate previously unaddressed problems with the current process, mainly in the form of two detailed case studies. Additional data are taken from the case of Dr. Harold Shipman. The analysis reveals several causes for concern, both in aspects of the interaction in the interview room, and in the subsequent treatment of interview material as evidence, especially in the light of s.34 of the Criminal Justice and Public Order Act 1994. The implications of the findings for criminal justice are considered, along with some practical recommendations for improvements. Overall, this study demonstrates the need for increased awareness within the criminal justice system of the many linguistic factors affecting interview evidence.

Black churchgoers, environmental activism, and the preservation of nature in Miami, Florida

The goal of this project was to explore activism, attitudes, and imagery connecting Black churchgoers in Miami, Florida and the natural environment. The research approach was qualitative, began as exploratory research, and used the techniques of snowball sampling, participant observation, and semi-structured interviews. Three case studies representing various socio-economic levels, denominations, participant education levels, and environmental facets were chosen for in-depth ethnographic research. There are three major findings in the research. First, there is a link between the preservation of Black history and the preservation of the environment among Black churchgoers, who feel strong connections to a sense of place, rural life, and the past. However their work is strongly directed to bring about benefits for people and the environment in the present and the future. Second, public access to public lands is a basic and important right espoused by these Black churchgoing activists. Third, the vocabulary used by Black churchgoing activists regarding the natural environment differs from today's “mainstream” environmentalists. The concept of “beauty” is pivotal to Black appreciation of and activism toward the environment and is reminiscent of the early environmental protection movement in the United States and conservationists such as John Muir. These findings concerning how Black spirituality relates to the environment adds to the sparse literature on the subject, and provides for potential linkages between Blacks and “mainstream” environmental groups to benefit both parties. An understanding of the connections between Black spirituality and perceptions of the environment should facilitate the development of better programs to improve and protect the environment. Environmental projects may also address the social and economic needs of Black communities, churches, and congregations, as well as the ecosystem. ^