Society of Legal Scholars Criminal Justice Section Response to Sexual Offences Guideline Consultation (Sentencing Council Consultation 2012-2013)

Consultation Report

The use of counterfactual scenarios as a means to assess policy deadweight:an Irish case study

The evaluation of industrial policy interventions has attracted increasing policy and academic attention in recent years. Despite the widespread consensus regarding the need for evaluation, the issue of how to evaluate, and the associated methodological considerations, continue to be issues of considerable debate. The authors develop an approach to estimate the net additionality of financial assistance from Enterprise Ireland to indigenously owned firms in Ireland for the period 2000 to 2002. With a sample of Enterprise Ireland assisted firms, an innovative, self-assessment, in-depth, face-to-face, interview methodology was adopted. The authors also explore a way of incorporating the indirect benefits of assistance into derived deadweight estimate issue which is seldom discussed in the context of deadweight estimates. They conclude by reflecting on the key methodological lessons learned from the evaluation process, and highlight some pertinent evaluation issues which should form the focus of much future discussion in this field of research.

How capabilities in operations can influence green production:exploring the issues

This research presents case material of companies within the UK that are attempting to be “Green” in their operations processes. We assess their aspirations by plotting capabilities through their supply networks under five key headings: Strategy; Production planning and procurement; In-house production; Logistics; and Human resource management within operations. We build upon the work of Azzone and Noci, 1998 and Azzone et al., 1997 and we present insights into companies whose commitment to Green Production ranges from “the company tries to delay the adoption of green programs” through to the company adopts a “radical approach to environmental issues.” In doing so we see how operations capabilities in a range of parameters can play a central and pivotal role in achieving some of the aspirations of Green Production within companies.

Utilising fiction to promote english language acquisition

Towards the end of the university stage, students residing in the United Arab Emirates and specialising in subjects other than English are expected- amongst other university requirements- to have acquired adequate communicative competence as well as a repertoire of critical thinking skills. Despite the efforts made within the field of teaching English to EFL university students in the country, the output gained in terms of acquired skills and competencies is still below expectations. The main concerns of the current thesis are, therefore, a) to investigate the factors which inhibit EFL university students’ progress in the areas of acquiring adequate communicative competence as well as critical thinking skills, and b) to propose a course book and pedagogic methods to improve students’ progress in the areas of acquiring adequate communicative competence as well as critical thinking skills. Believing in the essential role literature plays in enhancing critical thinking and promoting communicative competence on the part of EFL learners, the current study introduces a course, designed and implemented by the researcher: LEARN AND GAIN. The proposed course is fiction-based language teaching, adopting the view that literature is a resource rather than an object, thus advocating the use of literature as one of the main resources in foreign/second language acquisition. Investigating whether or not the proposed course was effective in promoting EFL university students’ communicative competence as well as enhancing their critical thinking skills, a study sample taken from the study population was selected. Adopting an experimental design, the research project involved two groups: experimental and control. The experimental group students were exposed to the proposed course whilst the control group students were exposed to a general English language course. To examine treatment effectiveness, the researcher set and administered a pre-post test. Divided into two main parts, communicative critical reading competence and communicative critical writing competence, the pre-post test measured subjects’ communicative critical reading competence and subjects’ communicative critical writing competence. In addition, a pre-post questionnaire was administered and a semi-structured interview was conducted involving the experimental group students, to gain an awareness of students’ attitudes towards learning literary texts in general, and the proposed course in particular. To examine issues of interest and relevance, gender differences: male vs. female, and university major: science vs. non-science, were also examined for enrichment purposes. For the purpose of gathering sufficient data about subjects’ achievements on the pre-post, the following statistical tests were conducted: Mann-Whitney test, and paired data t-test. Based on the statistical findings, the experimental group students’ performance on the communicative critical reading competence pre-post test and the communicative critical writing competence pre-post test was significantly better than their counterparts of the control group students. Speaking of gender differences in relation to language performance on the communicative critical reading competence pre-post test and the communicative critical writing competence pre-post test, no significant differences were cited. Neither did the researcher cite any significant performance differences between science/non-science students on the communicative critical reading competence pre-post test and the communicative critical writing competence pre-post test. As far as the questionnaire’s findings are concerned, the experimental group students’ responses to the post-questionnaire’s items were more positive than those of their responses to the pre-questionnaire’s, thus indicating some positive attitudes towards literature, which students possibly gained throughout the course of implementation. Relating the discussion to the interview’s results, students conveyed their satisfaction with the proposed course, emphasising that promoting English language skills through the use of literary texts was rewarding. In the light of findings and conclusions, a number of recommendations as well as implications have been proposed. The current study aimed to arrive at some appropriate suggestions to a number of enquiries, yet concluding with some areas of enquiry to be explored for further research.

A comprehensive approach to quality management of intensive care services

Purpose – The purpose of this paper is to develop a comprehensive framework for improving intensive care unit performance. Design/methodology/approach – The study introduces a quality management framework by combining cause and effect diagram and logical framework. An intensive care unit was identified for the study on the basis of its performance. The reasons for not achieving the desired performance were identified using a cause and effect diagram with the stakeholder involvement. A logical framework was developed using information from the cause and effect diagram and a detailed project plan was developed. The improvement projects were implemented and evaluated. Findings – Stakeholders identified various intensive care unit issues. Managerial performance, organizational processes and insufficient staff were considered major issues. A logical framework was developed to plan an improvement project to resolve issues raised by clinicians and patients. Improved infrastructure, state-of-the-art equipment, well maintained facilities, IT-based communication, motivated doctors, nurses and support staff, improved patient care and improved drug availability were considered the main project outputs for improving performance. The proposed framework is currently being used as a continuous quality improvement tool, providing a planning, implementing, monitoring and evaluating framework for the quality improvement measures on a sustainable basis. Practical implications – The combined cause and effect diagram and logical framework analysis is a novel and effective approach to improving intensive care performance. Similar approaches could be adopted in any intensive care unit. Originality/value – The paper focuses on a uniform model that can be applied to most intensive care units.

Lessening sensitivity:student experiences of teaching and learning sensitive issues

Despite growing interest in learning and teaching as emotional activities, there is still very little research on experiences of sensitive issues. Using qualitative data from students from a range of social science disciplines, this study investigates student's experiences. The paper highlights how, although they found it difficult and distressing at times, the students all valued being able to explore sensitive issues during their studies. The paper argues that it is though repeated exposure to sensitive issues within the classroom that the students became more comfortable with the issues. This process of lessening sensitivity is an important part of the emotional journey through higher education. It will argue that good student experiences need not always be positive emotions and that sensitive issues should be seen as an important part of transformational education.

Sustainable business:key issues

Sustainable Business: Key Issues is the first comprehensive introductory-level textbook to address the interface between environmental challenges and business solutions to provide an overview of the basic concepts of sustainability, sustainable business, and business ethics. The book introduces students to the background and key issues of sustainability and suggests ways in which these concepts can be applied in business practice. Though the book takes a business perspective, it is interdisciplinary in its nature and draws on knowledge from socio-economic, political, and environmental studies, thereby providing a practical and critical understanding of sustainability in the changing paradigm of global business. It goes beyond the conventional theories of sustainability and addresses critical issues concerned with population, consumption and economic growth. It discusses realistic ways forward, in particular the Circular Economy and Cradle to Cradle frameworks. The book is both a theoretical and practical study guide for undergraduate and postgraduate international students of broad areas of sustainability, teaching ways to recognize opportunities for innovation and entrepreneurship at the intersection of environmental, economic, ethical, and social systems. It takes a strategic approach in applying the power of business methods and policy to address issues of global importance such as climate change, poverty, ecosystem degradation and human rights. This textbook is essential reading for students of business, management and sustainability courses. It is written in an engaging and accessible style, with each chapter including case studies, discussion questions, end of chapter summaries and suggestions for further reading.

Combined quality function deployment and logical framework analysis to improve quality of emergency care in Malta

Purpose – The purpose of this paper is to develop an integrated patient-focused analytical framework to improve quality of care in accident and emergency (A&E) unit of a Maltese hospital. Design/methodology/approach – The study adopts a case study approach. First, a thorough literature review has been undertaken to study the various methods of healthcare quality management. Second, a healthcare quality management framework is developed using combined quality function deployment (QFD) and logical framework approach (LFA). Third, the proposed framework is applied to a Maltese hospital to demonstrate its effectiveness. The proposed framework has six steps, commencing with identifying patients’ requirements and concluding with implementing improvement projects. All the steps have been undertaken with the involvement of the concerned stakeholders in the A&E unit of the hospital. Findings – The major and related problems being faced by the hospital under study were overcrowding at A&E and shortage of beds, respectively. The combined framework ensures better A&E services and patient flow. QFD identifies and analyses the issues and challenges of A&E and LFA helps develop project plans for healthcare quality improvement. The important outcomes of implementing the proposed quality improvement programme are fewer hospital admissions, faster patient flow, expert triage and shorter waiting times at the A&E unit. Increased emergency consultant cover and faster first significant medical encounter were required to start addressing the problems effectively. Overall, the combined QFD and LFA method is effective to address quality of care in A&E unit. Practical/implications – The proposed framework can be easily integrated within any healthcare unit, as well as within entire healthcare systems, due to its flexible and user-friendly approach. It could be part of Six Sigma and other quality initiatives. Originality/value – Although QFD has been extensively deployed in healthcare setup to improve quality of care, very little has been researched on combining QFD and LFA in order to identify issues, prioritise them, derive improvement measures and implement improvement projects. Additionally, there is no research on QFD application in A&E. This paper bridges these gaps. Moreover, very little has been written on the Maltese health care system. Therefore, this study contributes demonstration of quality of emergency care in Malta.

To move or not to move, that is the question! Body schema and non-action oriented body representations:an fMRI meta-analytic study

Many studies have attempted to identify the different cognitive components of body representation (BR). Due to methodological issues, the data reported in these studies are often confusing. Here we summarize the fMRI data from previous studies and explore the possibility of a neural segregation between BR supporting actions (body-schema, BS) or not (non-oriented-to-action-body-representation, NA). We performed a general activation likelihood estimation meta-analysis of 59 fMRI experiments and two individual meta-analyses to identify the neural substrates of different BR. Body processing involves a wide network of areas in occipital, parietal, frontal and temporal lobes. NA selectively activates the somatosensory primary cortex and the supramarginal gyrus. BS involves the primary motor area and the right extrastriate body area. Our data suggest that motor information and recognition of body parts are fundamental to build BS. Instead, sensory information and processing of the egocentric perspective are more important for NA. In conclusion, our results strongly support the idea that different and segregated neural substrates are involved in body representations orient or not to actions.

Good practice guide in learning and teaching

Once again this publication is produced to celebrate and promote good teaching and learning support and to offer encouragement to those imaginative and innovative staff who continue to wish to challenge students to learn to maximum effect. It is hoped that others will pick up some good ideas from the articles contained in this volume. We have again changed our approach for this 2006/07 edition (our fourth) of the Aston Business School Good Practice Guide. As before, some contributions were selected from those identifying interesting best practice on their Annual Module reflection forms in 2005/2006. Other contributors received HELM (Research Centre in Higher Education Learning and Management) small research grants in 2005/2006. Part of the conditions were for them to write an article for this publication. We have also been less tight on the length of the articles this year. Some contributions are, therefore, on the way to being journal articles. HELM will be working with these authors to help develop these for publication. The themes covered in this year?s articles are all central to the issues faced by those providing HE teaching and learning opportunities in the 21st Century. Specifically this is providing support and feedback to students in large classes, embracing new uses of technology to encourage active learning and addressing cultural issues in a diverse student population. Michael Grojean and Yves Guillaume used Blackboard™ to give a more interactive learning experience and improve feedback to students. It would be easy for other staff to adopt this approach. Patrick Tissington and Qin Zhou (HELM small research grant holders) were keen to improve the efficiency of student support, as does Roger McDermott. Celine Chew shares her action learning project, completed as part of the Aston University PG Certificate in Teaching and Learning. Her use of Blackboard™ puts emphasis on the learner having to do something to help them meet the learning outcomes. This is what learning should be like, but many of our students seem used to a more passive learning experience, so much needs to be done on changing expectations and cultures about learning. Regina Herzfeldt also looks at cultures. She was awarded a HELM small research grant and carried out some significant new research on cultural diversity in ABS and what it means for developing teaching methods. Her results fit in with what many of us are experiencing in practice. Gina leaves us with some challenges for the future. Her paper certainly needs to be published. This volume finishes with Stuart Cooper and Matt Davies reflecting on how to keep students busy in lectures and Pavel Albores working with students on podcasting. Pavel?s work, which was the result of another HELM small research grant, will also be prepared for publication as a journal article. The students learnt more from this work that any formal lecture and Pavel will be using the approach again this year. Some staff have been awarded HELM small research grants in 2006/07 and these will be published in the next Good Practice Guide. In the second volume we mentioned the launch of the School?s Research Centre in Higher Education Learning and Management (HELM). Since then HELM has stimulated a lot of activity across the School (and University) particularly linking research and teaching. A list of the HELM seminars for 2006/2007 is listed as Appendix 1 of this publication. Further details can be obtained from Catherine Foster (c.s.foster@aston.ac.uk), who coordinates the HELM seminars. For 2006 and 2005 HELM listed, 20 refereed journal articles, 7 book chapters, 1 published conference papers, 20 conference presentations, two official reports, nine working papers and £71,535 of grant money produced in this research area across the School. I hope that this shows that reflection on learning is alive and well in ABS. We have also been working on a list of target journals to guide ABS staff who wish to publish in this area. These are included as Appendix 2 of this publication. May I thank the contributors for taking time out of their busy schedules to write the articles and to Julie Green, the Quality Manager, for putting the varying diverse approaches into a coherent and publishable form and for agreeing to fund the printing of this volume.

The other on display: translation in the Ethnographic Museum

The ethnographic museum in the West has a long and troubling history. The display of 'exotic peoples' in travelling exhibitions began as early as the sixteenth century, but it was the mid and late nineteenth century that saw the great expansion of museums as sites to show artefacts collected - under anything but reputable circumstances - from what were considered the 'primitive', 'natural', or 'tribal' peoples of the world. Today the ethnographic museum is still a feature of large European cities, though faced with newly formulated dilemmas in the postcolonial world. For how can the material culture of a non-western people be collected and displayed in the West without its makers being translated into wordless and powerless objects of visual consumption? In national museums the processes of choosing, contextualizing and commentating exhibits help form national identity; in the ethnographic museum, similarly, they shape perceptions of the apparently distant Other. Like written ethnography, the museum is a 'translation of culture', with many of the associated problems traced by Talal Asad (1986). Like the written form, it has to represent the dialogic realities of cultural encounters in a fixed and intelligible form, to propose categories that define and order the material it has gathered. As the public face of academic ethnography, the museum interprets other cultures for the benefit of the general reader, and in that task museum practice, like all ethnography, operates within very specific historical and political parameters. How are museums in western Europe responding to the issues raised by critical ethnographers like James Clifford (1988), with their focus on the politics of representation? Is globalisation increasing the degree of accountability imposed on the ethnographic museum, or merely reinforcing older patterns? What opportunities and problems are raised by the use of more words - more 'translation' in the narrower sense - in ethnographic museums, and how do museums gain from introducing a reflexive and contextualizing concept of "thick translation" (Appiah 1993) into their work of interpretation?

Embodying and embedding children's sleep: some sociological comments and observations

This paper, drawing on our own research findings data, explores the embodiment and embedment of sleeping in children's everyday/night lives. Key themes here include children's attitudes and feelings toward the dormant body, the processes, routines and rituals associated with going to bed and going to sleep, issues associated with bedrooms and privacy, and finally the relationship between dormancy and domicile. This in turn provides the basis, in the remainder of the paper, for a further series of reflections on the mutually informing relations between the sociology of sleep and the sociology of childhood. Remaining questions and challenges involved in researching children's sleep are also considered. Sleep, it is concluded, is not simply a rich and fascinating sociological topic in its own right it also has the potential to shed valuable new light on a significant yet hitherto under-researched part of children's lives, contributing important new insights in doing so.

Editorial

This second issue of Knowledge Management Research & Practice (KMRP) continues the international nature of the first issue, with papers from authors based on four different continents. There are five regular papers, plus the first of what is intended to be an occasional series of 'position papers' from respected figures in the knowledge management field, who have specific issues they wish to raise from a personal standpoint. The first two regular papers are both based on case studies. The first is 'Aggressively pursuing knowledge management over two years: a case study a US government organization' by Jay Liebowitz. Liebowitz is well known to both academics and practictioners as an author on knowledge management and knowledge based systems. Government departments in many Western countries must soon face up to the problems that will occur as the 'baby boomer' generation reaches retirement age over the next decade. This paper describes how one particular US government organization has attempted to address this situation (and others) through the introduction of a knowledge management initiative. The second case study paper is 'Knowledge creation through the synthesizing capability of networked strategic communities: case study on new product development in Japan' by Mitsuru Kodama. This paper looks at the importance of strategic communities - communities that have strategic relevance and support - in knowledge management. Here, the case study organization is Nippon Telegraph and Telephone Corporation (NTT), a Japanese telecommunication firm. The third paper is 'Knowledge management and intellectual capital: an empirical examination of current practice in Australia' by Albert Zhou and Dieter Fink. This paper reports the results of a survey carried out in 2001, exploring the practices relating to knowledge management and intellectual capital in Australia and the relationship between them. The remaining two regular papers are conceptual in nature. The fourth is 'The enterprise knowledge dictionary' by Stuart Galup, Ronald Dattero and Richard Hicks. Galup, Dattero and Hicks propose the concept of an enterprise knowledge dictionary and its associated knowledge management system architecture as offering the appropriate form of information technology to support various different types of knowledge sources, while behaving as a single source from the user's viewpoint. The fifth and final regular paper is 'Community of practice and metacapabilities' by Geri Furlong and Leslie Johnson. This paper looks at the role of communities of practice in learning in organizations. Its emphasis is on metacapabilities - the properties required to learn, develop and apply skills. This discussion takes work on learning and core competences to a higher level. Finally, this issue includes a position paper 'Innovation as an objective of knowledge management. Part I: the landscape of management' by Dave Snowden. Snowden has been highly visible in the knowledge management community thanks to his role as the Director of IBM Global Services' Canolfan Cynefin Centre. He has helped many government and private sector organizations to consider their knowledge management problems and strategies. This, the first of two-part paper, is inspired by the notion of complexity. In it, Snowden calls for what he sees as a 20th century emphasis on designed systems for knowledge management to be consigned to history, and replaced by a 21st century emphasis on emergence. Letters to the editor on this, or any other topic related to knowledge management research and practice, are welcome. We trust that you will find the contributions stimulating, and again invite you to contribute your own paper(s) to future issues of KMRP.

Editorial

On behalf of the Operational Research Society, Palgrave Macmillan and the editorial team, I am pleased to welcome readers to this, the first issue of Knowledge Management Research & Practice (KMRP). The aim of KMRP is to provide an outlet for rigorous, high-quality, peer-reviewed articles on all aspects of managing knowledge, organisational learning, intellectual capital and knowledge economics. The Editorial Board intends that there be a particular emphasis on cross-disciplinary approaches, and on the mixing of 'hard' (e.g. technological) and 'soft' (e.g. cultural or motivational) issues. This issue features four regular papers and an editorial paper; in addition, there are two book reviews. KMRP is intended as a truly international journal. The papers in this issue feature authors based in five different countries on three continents; eight different countries and four continents if the editorial paper is included. The first of the regular papers is 'The Knowledge-Creating Theory Revisited: Knowledge Creation as Synthesizing Process', by Ikujiro Nonaka and Ryoko Toyama. There can be few readers who are unaware of the work on knowledge creation by Nonaka and his co-workers such as Takeuchi, and this paper seeks to revisit and extend some of the earlier ideas. The second paper is 'Knowledge Sharing in a Multi-Cultural Setting: A Case Study' by Dianne Ford and Yolande Chan. They present a case study that explores the extent to which knowledge sharing is dependent on national culture. The third paper is 'R&D Collaboration: The Role of bain Knowledge-creating Networks' by Malin Brännback. She also draws upon Nonaka and Takeuchi's work on knowledge creation, using the case of knowledge-creating networks in biopharmaceutical R&D involving both universities and industry as an example. The fourth regular paper is 'The Critical Role of Leadership in Nurturing a Knowledge Supporting Culture' by Vincent Ribière and Alea Saa Sitar. They examine the role of leaders in knowledge management generally, and especially in knowledge organisations, from the viewpoint of 'leading through a knowledge lens'. In addition, this issue includes an 'editorial paper', 'Knowledge Management Research & Practice: Visions and Directions' by the editorial team of John Edwards, Meliha Handzic, Sven Carlsson, and Mark Nissen. This paper presents a small survey of academics and practitioners, outlines key directions for knowledge management research and practice, and gives the editorial team's views on how KMRP can help promote scholarly inquiry in the field. We trust that you will both enjoy reading this first issue and be stimulated by it, and cordially invite you to contribute your own paper(s) to future issues of KMRP.

A visual interactive modelling system as a learning tool

This paper presents a case study of the use of a visual interactive modelling system to investigate issues involved in the management of a hospital ward. Visual Interactive Modelling systems are seen to offer the learner the opportunity to explore operational management issues from a varied perspective and to provide an interactive system in which the learner receives feedback on the consequences of their actions. However to maximise the potential learning experience for a student requires the recognition that they require task structure which helps them to understand the concepts involved. These factors can be incorporated into the visual interactive model by providing an interface customised to guide the student through the experimentation. Recent developments of VIM systems in terms of their connectivity with the programming language Visual Basic facilitates this customisation.