This chapter summarizes research on public opinion about crime and criminal justice in developed industrialized societies. It starts with an assessment of what can be said about public knowledge about crime, documenting widespread misperceptions about the nature of crime, about crime trends, and about the criminal justice response to crime. It then considers public attitudes towards crime and justice, which tend to be largely negative. The chapter presents evidence of the links between levels of knowledge and attitudes to justice, suggesting that misinformation about crime and justice is the likely source of negative public ratings of the justice system. Penal populism and populist punitiveness are considered. The chapter ends by exploring issues of public trust in justice, confidence, and legitimacy.
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This chapter begins by discussing the nature of punishment before focusing on key questions in penal policy including justice, risk, and human rights. It also considers the principal factors that shape the development of penal policy, notably political imperatives, economic influences, and penological and criminological principles, as well as public opinion and the media, which have become much more influential since the early 1990s. Recent penal policy developments are also discussed to highlight significant trends and problems. The chapter concludes by focusing on the governance of sex offenders and providing a case study and discussion questions for reflection on the issues.
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This chapter focuses on defamation which enables an individual (or, more controversially, a company) to prevent the publication of, or recover damages for, public statements which make, or are likely to make, people think less of them. At its heart is a balance between freedom of speech (protected under the European Convention on Human Rights and the Human Rights Act 1998) and the interests of an individual in the protection of their reputation. The chapter examines the Defamation Act 2013 and explains who can sue for, and be liable in, defamation, when a statement is ‘defamatory’ and innuendo. It also considers the defences of truth, honest opinion, publication in a matter of public interest and privilege. It concludes with a discussion of damages for defamation.
Book
Jonathan Herring
Medical Law and Ethics covers not only the core legal principles, key cases, and statutes that govern medical law, but also explores the key ethical debates and dilemmas that exist in the field to ensure that the law is firmly embedded within its context. The title highlights these debates, drawing angles from other jurisdictions, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as ‘a shock to the system’, ‘public opinion’, and ‘reality check’ introduce further sociological aspects, contributing to the way in which the subject is approached. This new edition also includes a new chapter on the medical law governing children and discussion of the response to the COVID pandemic. It also discusses important developments in the case law governing the Mental Capacity Act, clinical negligence, abortion, and reproduction.
Book
Jonathan Herring
Medical Law and Ethics covers not only the core legal principles, key cases, and statutes that govern medical law, but also explores the key ethical debates and dilemmas that exist in the field to ensure that the law is firmly embedded within its context. The title highlights these debates, drawing out the European angles, religious beliefs, and feminist perspectives which influence legal regulations. Other features such as ‘a shock to the system’, ‘public opinion’, and ‘reality check’ introduce further sociological aspects, contributing to the way in which the subject is approached. This new edition also includes coverage of new Guidance issued by the GMC and the new Protection of Liberty Safeguards. It also outlines important case law developments on the law on mental capacity and euthanasia, including the Alfie Evans and Tafida Raqeeb litigation, case law interpreting the Mental Capacity Act, and the Court of Appeal in Conway.
Book
Maureen Spencer and John Spencer
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Evidence Concentrate is supported by extensive online resources to take your learning further. It has been written by experts and covers all the key topics so you can approach your exams with confidence. The clear, succinct coverage enables you to quickly grasp the fundamental principles of this area of law and helps you to succeed in exams. This guide has been rigorously reviewed and is endorsed by students and lecturers for level of coverage, accuracy, and exam advice. It is clear, concise, and easy to use, helping you get the most out of your revision. After an introduction, the book covers principles and key concepts; burden of proof; confessions and the defendant’s silence; improperly obtained evidence, other than confessions; character evidence; hearsay evidence; competence and compellability, special measures; identification evidence and questioning at trial; opinion evidence; public interest immunity; and privilege. New to this, the sixth edition, is an increased coverage of identification.
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Rod Morgan and David J. Smith
The background to the contemporary politics of crime is the historical process between about 1850 and 1920 through which a purely punitive and retributive criminal justice system was replaced by a ‘penal-welfare complex’ involving a range of charitable organizations and public officials, with the aim of control through instruction, regulation, and support, as well as punishment. Despite shifting emphases, no political party has rejected the entire settlement. Trends in crime and public opinion show that political discourse is not driven by crime trends and that politicians have considerable scope to make the weather. After a period of expansion of the penal-welfare complex under Labour (1997–2010), policy under the Conservative-Liberal Coalition (2010–15) was driven by the need to cut expenditure following the financial crash of 2008. This led to the marketization of large parts of the penal system, most notably probation, a development accompanied by the ‘Big Society’ rhetoric about devolution of power to local people. Meanwhile, a hardline punitive rhetoric was accompanied by a remarkable reduction in youth custody. The new Conservative government in 2015 looked set to embark on radical and progressive prison reforms until the resignation of the prime minister following the EU referendum. Thus complex and conflicting policies and ideas did not map onto political parties and allegiances in a simple or coherent way.