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Criminal Profiling: An Introduction to Behavioral Evidence Analysis
by Brent E. TurveyNow in its third edition, Criminal Profiling is established as an industry standard text. It moves evidence-based criminal profiling into a full embrace of the scientific method with respect to examining and interpreting behavioral evidence. If focuses on criminal profiling as an investigative and forensic process, helping to solve crime through an honest understanding of the nature and behavior of the most violent criminals. Throughout the text, the author outlines specific principles and practice standards for Behavioral Evidence Analysis, focusing on the application of theory and method to real cases. Criminal Profiling, Third Edition, is an ideal companion for students and professionals alike, including investigators, forensic scientists, criminologists, mental health professionals, and attorneys. With contributing authors representing law enforcement, academic, mental health, and forensic science communities, it offers a balanced perspective not found in other books on this subject. Readers will use it as a comprehensive reference text, a handbook for evaluating physical evidence, a tool to bring new perspectives to cold cases, and as an aid in preparing for criminal trials. Best-selling author Brent Turvey defines the deductive profiling method, which focuses on examining the nature and behavior of criminals in order to solve crimes Contributing authors represent law enforcement, academic, mental health, and forensic science communities for a balanced perspective Completely revised with 35% new material including updates on the latest advances in evidence-based profiling New to this edition New cases in every chapter New chapters in logic and reasoning New chapter reviewing non-evidence based profiling methods New chapter on mass homicide New chapter on terrorist profiling and interviewing
Criminal Psychology and Forensic Technology: A Collaborative Approach to Effective Profiling
by Grover Maurice GodwinOffender profiling has been developing slowly as a possible investigative tool since 1841 and the publication of Edgar Allen Poe's The Murder in the Rue Morgue. In this book, detective C. Auguste Dupin demonstrates the ability to follow the thought patterns of a companion while they stroll through Paris for 15 minutes without speaking a word. Today
Criminal Psychology and the Criminal Justice System in India and Beyond
by Sanjeev P. Sahni Poulomi BhadraThis book provides a focused and comprehensive overview of criminal psychology in different socio-economic and psycho-sociological contexts. It informs readers on the role of psychology in the various aspects of the criminal justice process, starting from the investigation of a crime to the rehabilitation or reintegration of the offender. Current research in criminology and psychology has been discussed to understand the minds of various offenders, how to interact with them during investigation and conviction effectively and how to bring about positive changes in various stages of the criminal justice process—investigation, prosecution, incarceration, rehabilitation—to increase the efficacy of the correctional system and improve public confidence in the justice system. It thoroughly addresses the bigger issues of holistically reducing the increase in crime rates and susceptibility in society. Each chapter builds on leading scholarship in this field from Western scholars and supplements these theories with research findings from a South Asian perspective, particularly in the Indian criminal justice system. This book successfully encapsulates the foundations of criminal psychology literature while incorporating interdisciplinary avenues of study into criminal behaviour and legal psychology, bringing into the provincial discourse lacunas of the justice system and avenues for alternative correctional and rehabilitative programs.
Criminal Punishment and Human Rights: Convenient Morality (Routledge Research in Human Rights Law)
by Adnan SattarThis book examines the relationship between international human rights discourse and the justifi cations for criminal punishment. Using interdisciplinary discourse analysis, it exposes certain paradoxes that underpin the ‘International Bill of Human Rights’, academic commentaries on human rights law, and the global human rights monitoring regime in relation to the aims of punishment in domestic penal systems. It argues that human rights discourse, owing to its theoretical kinship with Kantian philosophy, embodies a paradoxical commitment to human dignity on the one hand, and retributive punishment on the other. Further, it sustains the split between criminal justice and social justice, which results in a sociologically ill-informed understanding of punishment. Human rights discourse plays a paradoxical role vis-à-vis the punitive power of the state as it seeks to counter criminalisation in some areas and backs the introduction of new criminal offences – and longer prison sentences – in others. The underlying priorities, it is argued, have been shaped by a number of historical circumstances. Drawing on archival material, the study demonstrates that the international penal discourse produced during the late nineteenth and early twentieth century laid greater emphasis on offender rehabilitation and was more attentive to the social context of crime than is the case with the modern human rights discourse.
Criminal Punishment and Human Rights: Convenient Morality (Routledge Research in Human Rights Law)
by Adnan SattarThis book examines the relationship between international human rights discourse and the justifi cations for criminal punishment. Using interdisciplinary discourse analysis, it exposes certain paradoxes that underpin the ‘International Bill of Human Rights’, academic commentaries on human rights law, and the global human rights monitoring regime in relation to the aims of punishment in domestic penal systems. It argues that human rights discourse, owing to its theoretical kinship with Kantian philosophy, embodies a paradoxical commitment to human dignity on the one hand, and retributive punishment on the other. Further, it sustains the split between criminal justice and social justice, which results in a sociologically ill-informed understanding of punishment. Human rights discourse plays a paradoxical role vis-à-vis the punitive power of the state as it seeks to counter criminalisation in some areas and backs the introduction of new criminal offences – and longer prison sentences – in others. The underlying priorities, it is argued, have been shaped by a number of historical circumstances. Drawing on archival material, the study demonstrates that the international penal discourse produced during the late nineteenth and early twentieth century laid greater emphasis on offender rehabilitation and was more attentive to the social context of crime than is the case with the modern human rights discourse.
Criminal Records: A Database for the Criminal Justice System and Beyond
by T. ThomasTerry Thomas considers the use of criminal records within the criminal justice system and beyond - especially the growth of their use for pre-employment screening via the Criminal Records Bureau. This book also considers future developments and the impact that transferring criminal records across international borders will have.
Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook (Criminal Practice Series)
by Mr Edward Jones Ms Jessica Jones Aidan WillsThe effect of a criminal record can be long-lasting and damaging.Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook provides you with an understanding of the law surrounding the publicity of criminal proceedings, the creation and retention of police records, and the remedies available to an individual who wishes to amend or erase these records, or to prevent them from becoming available to third parties. The authors guide you through the steps that can be taken to delete police records, challenge the content of criminal record certificates, expunge criminal cautions, and bring claims protecting the privacy and data protection rights of clients.The Second Edition also includes:- Updated APP guidance on the retention of material on local police systems- The most up-to-date caselaw in relation to all the topics covered- Guidance on the handling of spent convictions and the DBS disclosure regime- Guidance on the content of letters of representationsAs the only handbook of its kind addressing public and private law claims under one title, this is an indispensable guide for criminal and public law solicitors and barristers, law centres, CABs and PR firms.This title is included in Bloomsbury Professional's Intellectual Property and IT online service.
Criminal Records, Privacy and the Criminal Justice System: A Practical Handbook (Criminal Practice Series)
by Edward Jones Jessica JonesThe effect of a criminal record or arrest can be long-lasting and damaging. Setting out the steps that can help clients to navigate the effect of their criminal record, improve their job prospects, and protect against harmful disclosure of their private life.Criminal Records, Privacy and the Criminal Justice System: A Handbook is a primer on the law and available applications to be taken for clients relating to privacy, criminal records, historic convictions, and reputation management in the criminal justice sector.The authors guide you through the steps that can be taken to delete police records, challenge the content of criminal record certificates, expunge criminal cautions, and bring claims protecting the privacy and data protection rights of clients.As the only handbook of its kind, addressing public and private law claims under one title, this brand new book gives an holistic overview of the ways in which lawyers can help clients cope with the impact of the criminal justice system on their lives and reputations. As such, it is an essential guide for criminal and public law solicitors and barristers, law centres, CABs and PR firms.
Criminal Responsibility and Partial Excuses (Routledge Revivals)
by George MousourakisPublsihed in 1998, this book examines the relationship between responsibility and criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the role of justifications and excuses in the criminal law as they emerge from the discussion of philosophical theories of responsibility. Following an outline of the distinction between murder and manslaughter and its history, the basic doctrinal issues relating to the nature and rationale of provocation and other partial defences are then identified and discussed in depth, together with the circumstances under which these defences can be raised. Although the analysis focuses, for the most part, on English law, the references to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues. The book should be of special interest to criminal lawyers, legal theorists and students interested in comparative criminal law and jurisprudence.
Criminal Responsibility and Partial Excuses (Routledge Revivals)
by George MousourakisPublsihed in 1998, this book examines the relationship between responsibility and criminal liability through an analysis of provocation and related criminal defences. It begins by identifying fundamental questions about the role of justifications and excuses in the criminal law as they emerge from the discussion of philosophical theories of responsibility. Following an outline of the distinction between murder and manslaughter and its history, the basic doctrinal issues relating to the nature and rationale of provocation and other partial defences are then identified and discussed in depth, together with the circumstances under which these defences can be raised. Although the analysis focuses, for the most part, on English law, the references to other legal systems which are included in the work add an important comparative perspective to the discussion of the issues. The book should be of special interest to criminal lawyers, legal theorists and students interested in comparative criminal law and jurisprudence.
Criminal Responsibility for the Crime of Aggression (Routledge Research in International Law)
by Patrycja GrzebykSince the Nuremberg trial, the crime of aggression has been considered one of the gravest international crimes. However, since the 1940s no defendants have been charged with this crime, with some states actively opposing the notion of punishing aggression. The option of trying an individual for aggression is expressly included in the statute of the International Criminal Court. In 2010 the Assembly of States Parties adopted a definition of the crime of aggression and conditions of the exercise of jurisdiction over this crime by the Court. The Assembly also agreed that the decision on including the crime of aggression within the Court’s jurisdiction would be made in 2017 at the earliest. It is still internationally debatable whether the criminalisation of aggression is an outcome to strive for, or whether its abandonment is more preferable. In Criminal Responsibility for the Crime of Aggression, Patrycja Grzebyk explores the scope of criminal responsibility of individuals for crimes of aggression and asks why those responsible for aggression are not brought to justice. The book first works to identify the legal norms that define and delegalise aggression, before moving to determine the basis and scope for the criminalisation of aggression. The book then goes on to identify the key risks and difficulties inherent in trials for aggression. Following a string of awards in Poland, including the Manfred Lachs Prize for the best first book on public international law, this cutting investigation of aggression is now deservedly made available to the wider world. In its extensive analysis of international trials on aggression, and its synthesis of legal, political and historical rhetoric, this book offers broad and striking insight into the criminal responsibility of individuals on a world stage.
Criminal Responsibility for the Crime of Aggression (Routledge Research in International Law)
by Patrycja GrzebykSince the Nuremberg trial, the crime of aggression has been considered one of the gravest international crimes. However, since the 1940s no defendants have been charged with this crime, with some states actively opposing the notion of punishing aggression. The option of trying an individual for aggression is expressly included in the statute of the International Criminal Court. In 2010 the Assembly of States Parties adopted a definition of the crime of aggression and conditions of the exercise of jurisdiction over this crime by the Court. The Assembly also agreed that the decision on including the crime of aggression within the Court’s jurisdiction would be made in 2017 at the earliest. It is still internationally debatable whether the criminalisation of aggression is an outcome to strive for, or whether its abandonment is more preferable. In Criminal Responsibility for the Crime of Aggression, Patrycja Grzebyk explores the scope of criminal responsibility of individuals for crimes of aggression and asks why those responsible for aggression are not brought to justice. The book first works to identify the legal norms that define and delegalise aggression, before moving to determine the basis and scope for the criminalisation of aggression. The book then goes on to identify the key risks and difficulties inherent in trials for aggression. Following a string of awards in Poland, including the Manfred Lachs Prize for the best first book on public international law, this cutting investigation of aggression is now deservedly made available to the wider world. In its extensive analysis of international trials on aggression, and its synthesis of legal, political and historical rhetoric, this book offers broad and striking insight into the criminal responsibility of individuals on a world stage.
The Criminal Responsibility of Senior Political and Military Leaders as Principals to International Crimes (Studies in International and Comparative Criminal Law)
by Héctor Olásolo Kai Ambos Adrian Fulford Ekaterina TrendafilovaAs shown by the trials of Slobodan Milosevic, Charles Taylor and Saddam Hussein, the large-scale and systematic commission of international crimes is usually planned and set in motion by senior political and military leaders. Nevertheless, the application of traditional forms of criminal liability leads to the conclusion that they are mere accessories to such crimes. This does not reflect their central role and often results in a punishment which is inappropriately low in view of the impact of their actions and omissions. For these reasons, international criminal law has placed special emphasis on the development of concepts, such as control of the crime and joint criminal enterprise (also known as the common purpose doctrine), which aim at reflecting better the central role played by senior political and military leaders in campaigns of large scale and systematic commission of international crimes. The Rome Statute of the International Criminal Court and the case law of the ICTY and the ICTR have, in recent years, played a unique role in the achievement of this goal.
Criminal Sentencing as Practical Wisdom
by Graeme BrownHow do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process.Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.
Criminal Sentencing as Practical Wisdom
by Graeme BrownHow do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process.Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing – including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence – this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.
Criminal Theory and International Human Rights Law (Routledge Research in Human Rights Law)
by Steven MalbyThe development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study – international human rights law and criminal theory – that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.
Criminal Theory and International Human Rights Law (Routledge Research in Human Rights Law)
by Steven MalbyThe development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study – international human rights law and criminal theory – that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy.
The Criminal Trial in Law and Discourse
by T. KirchengastThis book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.
The Criminalisation of Fantasy Material: Law and Sexually Explicit Representations of Fictional Children
by Hadeel Al-AlosiThis book addresses the criminalisation of sexually explicit material depicting or describing fictitious characters who appear to be children. It is the first book of its kind to specifically examine the expansion of the law to include fictional representations of children, focusing on the law in Australia, Canada, the United Kingdom, and the United States. The author explores the potential criminalisation of comics and subgenres of manga that frequently depict childlike characters in a sexual context. Of course, the need to protect children from harm outweighs freedom of expression and the right to privacy; however, this argument is complicated by the material being purely fictional. Does prohibiting the fictional representation of minors interfere with individual freedoms? Based on a detailed socio-legal study, this book extensively analyses literature and pertinent theories of criminalisation, such as the Harm Principle, Offense Principle, and Legal Moralism. The book will be an invaluable resource for academics and students in various disciplines, including law, criminology, sociology, and psychology. It will also be of interest to fans of fantasy fiction.
The Criminalisation of Fantasy Material: Law and Sexually Explicit Representations of Fictional Children
by Hadeel Al-AlosiThis book addresses the criminalisation of sexually explicit material depicting or describing fictitious characters who appear to be children. It is the first book of its kind to specifically examine the expansion of the law to include fictional representations of children, focusing on the law in Australia, Canada, the United Kingdom, and the United States. The author explores the potential criminalisation of comics and subgenres of manga that frequently depict childlike characters in a sexual context. Of course, the need to protect children from harm outweighs freedom of expression and the right to privacy; however, this argument is complicated by the material being purely fictional. Does prohibiting the fictional representation of minors interfere with individual freedoms? Based on a detailed socio-legal study, this book extensively analyses literature and pertinent theories of criminalisation, such as the Harm Principle, Offense Principle, and Legal Moralism. The book will be an invaluable resource for academics and students in various disciplines, including law, criminology, sociology, and psychology. It will also be of interest to fans of fantasy fiction.
The Criminalisation of Migration in Europe: Challenges for Human Rights and the Rule of Law (SpringerBriefs in Law)
by Valsamis MitsilegasThis is the first monograph providing a comprehensive legal analysis of the criminalisation of migration in Europe. The book puts forward a definition of the criminalisation of migration as the three-fold process whereby migration management takes place via the adoption of substantive criminal law, via recourse to traditional criminal law enforcement mechanisms including surveillance and detention, and via the development of mechanisms of prevention and pre-emption. The book provides a typology of criminalisation of migration, structured on the basis of the three stages of the migrant experience: criminalisation before entry (examining criminalisation in the context of extraterritorial immigration control, delegation and privatisation in immigration control and the securitisation of migration); criminalisation during stay (examining how substantive criminal law is used to regulate migration in the territory); and criminalisation after entry and towards removal (examining efforts to exclude and remove migrants from the territory and jurisdiction of EU Member States and criminalisation through detention). The analysis focuses on the impact of the criminalisation of migration on human rights and the rule of law, and it highlights how European Union law (through the application of both the EU Charter of Fundamental Rights and general principles of EU law) and ECHR law may contribute towards achieving decriminalisation of migration in Europe.
Criminalising Cartels: Critical Studies of an International Regulatory Movement
by Caron Beaton-Wells Ariel EzrachiThis book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.
Criminalising Coercive Control: Challenges for the Implementation of Northern Ireland’s Domestic Abuse Offence (Routledge Frontiers of Criminal Justice)
by Vanessa Bettinson Ronagh McQuiggDrawing on experiences from other jurisdictions within the UK, Criminalising Coercive Control explores the challenges and potential successes which may be faced in implementing Northern Ireland’s new domestic abuse offence. A specific offence of domestic abuse was introduced in Northern Ireland in March 2021. This represents a crucial development in Northern Ireland’s response to domestic abuse. The new legislation has the effect of criminalising coercive and controlling behaviour, thereby bringing Northern Ireland into line with other jurisdictions within the UK, and also with relevant human rights standards in this regard. The book begins with a discussion regarding the offence itself and the underpinning domestic abuse policy in Northern Ireland. Subsequent chapters explore further measures which may be needed to respond effectively to domestic abuse in Northern Ireland, by drawing upon the experiences of other jurisdictions of criminalising coercive control. These reflections are considered through the lenses of policing, prosecutorial practice and frontline domestic abuse working. Criminalising Coercive Control will be of great interest to students and scholars in a variety of fields, such as criminal law, criminology, social policy, human rights, family law, gender studies and sociology. The book is also accessible beyond academia, including practitioners and those in the voluntary sector who are working in the area of combating domestic abuse.
Criminalising Coercive Control: Family Violence and the Criminal Law
by Marilyn McMahon Paul McGorreryThis book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse.The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence?This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.
Criminalising Coercive Control: Challenges for the Implementation of Northern Ireland’s Domestic Abuse Offence (Routledge Frontiers of Criminal Justice)
Drawing on experiences from other jurisdictions within the UK, Criminalising Coercive Control explores the challenges and potential successes which may be faced in implementing Northern Ireland’s new domestic abuse offence. A specific offence of domestic abuse was introduced in Northern Ireland in March 2021. This represents a crucial development in Northern Ireland’s response to domestic abuse. The new legislation has the effect of criminalising coercive and controlling behaviour, thereby bringing Northern Ireland into line with other jurisdictions within the UK, and also with relevant human rights standards in this regard. The book begins with a discussion regarding the offence itself and the underpinning domestic abuse policy in Northern Ireland. Subsequent chapters explore further measures which may be needed to respond effectively to domestic abuse in Northern Ireland, by drawing upon the experiences of other jurisdictions of criminalising coercive control. These reflections are considered through the lenses of policing, prosecutorial practice and frontline domestic abuse working. Criminalising Coercive Control will be of great interest to students and scholars in a variety of fields, such as criminal law, criminology, social policy, human rights, family law, gender studies and sociology. The book is also accessible beyond academia, including practitioners and those in the voluntary sector who are working in the area of combating domestic abuse.