The Bill provides for five different ombudsman schemes and three other complaint handling schemes into a single unified scheme. All the existing schemes have different legal…
Abstract
The Bill provides for five different ombudsman schemes and three other complaint handling schemes into a single unified scheme. All the existing schemes have different legal derivations and industry coverage; defining the scope, functions and funding of the new scheme will be a considerable challenge. This paper analyses the FSA proposals and highlights some of the critical legal and policy issues to be resolved.
The Financial Ombudsman Service is a statutory body offering a dispute resolution service to consumers and firms. The purpose of this paper is to outline the service as an…
Abstract
Purpose
The Financial Ombudsman Service is a statutory body offering a dispute resolution service to consumers and firms. The purpose of this paper is to outline the service as an alternative to the civil courts.
Design/methodology/approach
The paper compares the style, objectives and operation of the service with those of civil court proceedings.
Findings
The Financial Ombudsman Service has developed a very different model from that of the civil courts and is the preferred alternative for most retail consumers of financial services.
Originality/value
The comparison in style, process, institutional systems and legal approach may offer observers food for thought about potential developments in the civil courts themselves.
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The paper focuses on the tensions between the subjective discretionary decision making of an ombudsman and the objective non‐discretionary decision making favoured by judges…
Abstract
The paper focuses on the tensions between the subjective discretionary decision making of an ombudsman and the objective non‐discretionary decision making favoured by judges, especially on appeal or judicial review from an ombudsman. Is ‘justice according to law’, an oxy‐moron? Examples of decisions where the law was deliberately not applied because it was not considered ‘fair and reasonable in all the circumstances’ are taken from the writer's time as Insurance (and later Pensions) Ombudsman. Will the Financial Services Ombudsman Scheme revive a newer equity or will consistency be regarded as something better than justice in the individual case?
Denise Paquette Boots, Laura M. Gulledge, Timothy Bray and Jennifer Wareham
Purpose – Presents metrics and policy recommendations from the Dallas Domestic Violence Task Force (DDVTF) concerning the systemic response to domestic violence (DV) within this…
Abstract
Purpose – Presents metrics and policy recommendations from the Dallas Domestic Violence Task Force (DDVTF) concerning the systemic response to domestic violence (DV) within this community.
Design/methodology/approach – In June 2017, 47 private citizens, nonprofit, criminal justice, social service and religious organizations, and governmental officials who participated on the task force were invited via email to participate in an electronic Qualtrics survey.
Findings – Both general annual metrics are offered as well as detailed monthly metrics and long-term trends for shelter and advocacy providers, police, the district and city attorney’s offices, and courts. In 2016–2017 alone, roughly 15,000 people were educated on DV, 246 victims were sheltered in emergency beds each night on average, roughly 8,000 victims were turned away due to lack of space, over 15,500 DV-related calls were handled by police, 11,000 county criminal cases were filed, and 7 intimate partner homicides occurred within the city of Dallas. Policy recommendations are offered.
Originality/value – The DDVTF annual report is one of the largest and most comprehensive reports of its kind in the United States, with over 3,000 variables collected across the partners. Now in its third reporting year, this chapter offers an overview of key findings and policy recommendations and highlights the work of this coordinated community response team.
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Alison J. Marganski and Lisa A. Melander
While research on digital dangers has been growing, studies on their respective solutions and justice responses have not kept pace. The agathokakological nature of technology…
Abstract
While research on digital dangers has been growing, studies on their respective solutions and justice responses have not kept pace. The agathokakological nature of technology demands that we pay attention to not only harms associated with interconnectivity, but also the potential for technology to counter offenses and “do good.” This chapter discusses technology as both a weapon and a shield when it comes to violence against women and girls in public spaces and private places. First, we review the complex and varied manifestations of technological gender violence, ranging from the use of technology to exploit, harass, stalk, and otherwise harm women and girls in communal spaces, to offenses that occur behind closed doors. Second, we discuss justice-related responses, underscoring how women and girls have “flipped the script” when their needs are not met. By developing innovative ways to respond to the wrongs committed against them and creating alternate systems that offer a voice, victims/survivors have repurposed technology to redress harms and unite in solidarity with others in an ongoing quest for justice.
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Jeremiah Coldsmith and Ross Kleinstuber
In recent decades, the use of capital punishment has declined, but in its place, a ‘new death penalty’ has arisen: life without parole (LWOP), which is being used far more…
Abstract
In recent decades, the use of capital punishment has declined, but in its place, a ‘new death penalty’ has arisen: life without parole (LWOP), which is being used far more frequently and for more crimes than capital punishment ever was. Yet, LWOP has received far less scholarly attention than the death penalty. Because of its greater scale, assessing the effects of LWOP on crime has important policy implications and is a better test of extreme penalties. Existing studies of LWOP focus on humanitarian issues and ignore its potentially reciprocal relationship with crime. Therefore, we use available LWOP data to fill these gaps in the literature, using models specifically designed to control for potential reciprocal effects. The results indicate there is no reciprocal causation between LWOP and violent crime and, at best, LWOP’s impact on crime is small, temporary, and, most importantly, no greater than the impact of life with parole.
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Eva PenzeyMoog and Danielle C. Slakoff
The reality of domestic violence does not disappear when people enter the digital world, as abusers may use technology to stalk, exploit, and control their victims. In this…
Abstract
The reality of domestic violence does not disappear when people enter the digital world, as abusers may use technology to stalk, exploit, and control their victims. In this chapter, we discuss three unique types of technological abuse: (1) financial abuse via banking websites and apps; (2) abuse via smart home devices (i.e., “Internet of Things” abuse); and (3) stalking via geo-location or GPS. We also argue pregnancy and wellness apps provide an opportunity for meaningful intervention for pregnant victims of domestic violence.
While there is no way to ensure users' safety in all situations, we argue thoughtful considerations while designing and building digital products can result in meaningful contributions to victims' safety. This chapter concludes with PenzeyMoog's (2020) “Framework for Inclusive Safety,” which is a roadmap for building technology that increases the safety of domestic violence survivors. This framework includes three key points: (1) the importance of educating technologists about domestic violence; (2) the importance of identifying possible abuse situations and designing against them; and (3) identifying user interactions that might signal abuse and offering safe interventions.
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Rape culture, described as when “violence is seen as sexy and sexuality as violent” (Buchwald, Fletcher, & Roth, 1993, p. vii), exists online and offline (Henry & Powell, 2014)…
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Rape culture, described as when “violence is seen as sexy and sexuality as violent” (Buchwald, Fletcher, & Roth, 1993, p. vii), exists online and offline (Henry & Powell, 2014). Much of the research on rape culture focuses on the experiences of heterosexual women, and few studies have explored rape culture in the context of dating apps. This chapter explores how men who have sex with men (MSM) understand and experience rape culture through their use of Grindr and similar dating apps. A thematic analysis of interviews with 25 MSM dating app users revealed problematic user behavior as well as unwanted sexual messages and images as common manifestations of rape culture on dating apps. Participants explained that rape culture extends beyond in-app interactions to in-person encounters, as evident by incidents of sexual violence that several participants had experienced and one participant had committed. Participants were unsure about the extent to which MSM dating apps facilitate rape culture but asserted that some apps enable rape culture more than others. This chapter demonstrates the importance of investigating sexual violence against people of diverse gender and sexual identities to ensure their experiences are not minimized, ignored, or rendered invisible.
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Marc A. Grimmett and Robert A. Horne
African American student-athletes represent the largest racial minority group of athletes in the National Collegiate Athletic Association (NCAA) and the majority of male…
Abstract
African American student-athletes represent the largest racial minority group of athletes in the National Collegiate Athletic Association (NCAA) and the majority of male student-athletes in football and basketball. The NCAA has partnered with It’s On Us, an awareness campaign to help end sexual violence on college campuses. Intercollegiate athletics is a viable context, then, to consider transformative Black masculinity and sexual violence prevention. Transformative Black masculinity is when an African American or Black man intentionally employs his identity in the service of social justice and purposefully engages other Black males, as well as others, for that cause. This chapter considers transformative Black masculinity as a conceptual tool for the intentional engagement of Black male student-athletes within institutions of higher education for sexual violence prevention. Recommendations for policy, education and practice, and research are provided.