Portugueses al amparo de la nobleza (la inquisición contra los vasallos del Duque de Pastrana acusados de judaísmos durante el siglo XVII)

Este trabajo es el resultado de un detallado estudio acerca del modo como la justicia e institución inquisitorial consiguieron penetrar en los espacios propios de la jurisdicción señorial de Monarquía Hispánica durante el siglo XVII. Para realizar este análisis se ha tomado como objeto de estudio el ducado y la villa de Pastrana, situados en la Alcarria. Los protagonistas de esta compleja problemática estudiada fueron los grupos de portugueses que se asentaron en el territorio de este señorío y en su villa principal a lo largo de los siglos XVI y XVII, los cuales participaron en su vida social, económica y política de manera muy intensa. Su papel en la dinamización y organización interna de este espacio señorial fue notable. La acusación de judaísmo contra algunos de estos portugueses y el procesamiento inquisitorial al que fueron sometidos nos permite ver algunos aspectos fundamentales de esta interesante cuestión.

Perceptions of credibility of sexual abuse victims across generations

The success of prosecutions of perpetrators of sexual abuse often depends substantially upon the perceived credibility of the victim witness. However, perceptions of credibility may vary by generation of the observer, and the constitution of juries may therefore lead to bias. In this study we examined whether perceptions of credibility of female victims of sexual abuse varied across generation Y, generation X, "baby boomers", and "builders". One hundred and twenty-eight jury-eligible members of the community from each generation (N=512) responded to ten questions assessing the perceived believability, competence, trustworthiness, demeanour and sexual naiveté of females providing testimony related to alleged sexual abuse. Although consistent between-generation differences were not found for all questions, or all four groups of generational cohorts, in instances where significant differences were found, it was consistently the older generation groups (builders and baby boomers) that attributed less credibility to the victim than the younger generation groups (generation Y and generation X). The implications of these findings are discussed.

The big picture: causes of compromised outcome of complex statutory adjudications in Australia

Statutory adjudication has been enacted progressively throughout Australia on a stat-by-state basis over a period of 10 years. The legislation with more emphasis on the Eastern States has come under much criticism recently for failing to facilitate decisions of sufficient quality with respect to complex adjudications. This paper reviews this criticism and discusses the key causes of the unsatisfactory outcome of complex adjudications in Australia. The identified causes are namely flawed appointment, relaxed eligibility and regulation, intimidation of adjudicators, fuzzy jurisdictional boundaries, abbreviated timeframes, limited inquisitorial powers and want of review mechanism. The implication of the research is a better understanding of the nature of the quality of complex adjudication outcome and the relevant worthwhile reform opportunities in Australia, especially with regard to introducing legislative review mechanisms.

Criminalising economic and emotional abuse and intimidation: the Tasmanian experience

In 2004 the parliament of Tasmania enacted two new offences in the context of family violence; the first was intended to prohibit economic abuse, and the second sought to prohibit emotional abuse or intimidation. The introduction of these novel provisions constituted a movement away from conceptions of family violence that rely solely upon physical acts and, instead, treated the infliction of psychological harm as a core feature of family violence. The offences have, however, only rarely been prosecuted. This article analyses the offences, identifying difficulties in their construction and exploring the reasons why they have had such little impact. Despite the rarity of prosecutions, the new offences are significant, for they challenge traditional conceptions of the criminal law that rely on the criminalisation of causing, or threatening, physical harm. Consequently, and in the context of recent legislation in England and Wales criminalising controlling or coercive behaviour, a review of the offences that have been operating in Tasmania for more than a decade is timely.

Out of Character? Legal responses to intimate partner homicides by men in Victoria 2005-2014

This report reviews 51 cases of intimate partner homicide by men in Victoria, from 2005-2014, to investigate how family violence is recognised in homicide prosecutions. Research and death reviews in Australia and overseas have found that systemic failures in legal responses to family violence contribute to intimate partner homicides. In 2010, Domestic Violence Resource Centre Victoria and Monash University began a project to explore the impact of the 2005 homicide law reforms on intimate partner homicides. The first phase of the project examined cases of women who killed their intimate partners, focusing on whether the reforms had improved the recognition of family violence victimisation as a factor. This report presents findings from the second phase, which examines legal responses to men who have killed in the context of sexual intimacy. In analysing the cases, it looks at key contextual factors, legal outcomes, family violence risk factors, how prior family violence is understood and discussed by legal professionals, how evidence of prior family violence is used by the prosecution and whether it is admitted as evidence, the types of arguments and narratives made in defence of the accused, the recognition of family violence through the sentencing process, and the use of provocation as a mitigating factor.