Justice Analytical Services: Areas of Research Interest

Justice Processes & Experiences

Courts, Cases, Representation & Legal Aid

• What are the reasons for case attrition and what works to avoid it for different case types? What are the impacts of case attrition on victims, particularly for serious violence, sexual abuse and domestic abuse cases?
• In relation to Integrated Domestic Abuse Courts, what models of courts would best tackle both criminal and civil aspects of domestic abuse?
• With regard to Independent Legal Representation (ILR), what can we learn from international ILR models that would help to inform options for the Scottish delivery model and implementation considerations? How effective is ILR at increasing agency, minimising harm and re-traumatisation of represented complainers?
• To what extent does Independent Legal Advice for complainers in rape and attempted rape cases support complainers to give their best evidence and improve participation in the criminal justice system?
• What does the geographical data tell us about legal aid provision across Scotland? Are there geographical differences with regard to the types of cases, civil or criminal, that legal aid is being granted for? Is there any evidence to suggest that there are “legal aid deserts” in Scotland?
• What is the experience of court users seeking legal aid in different parts of Scotland?

Experiences of Victims, Witnesses, and the Accused in the Justice System

• What are the experiences of victims, witnesses, parties and the accused as they move through the justice system? Have recent policy changes impacted their experiences? In what ways might their experiences be improved?
• Are there particular groups, or types, of victims, witnesses and parties that have more negative experiences of the criminal justice system? If so, what can be done to improve the experiences of these groups?
• How can the perspectives of groups less able than others to access justice services come to be included in evidence bases? How will this change what we already know of the limits and potential of the justice system?
• What practical or logistical changes to the operation of the justice system could improve victim, witness and party experience?
• What are the experiences of children and young people as they move through the justice system? Are their needs different from those of adults? If so, how might the justice system adapt to better meet those needs?
• What impact has greater use of pre-recorded evidence had on the administration and delivery of justice in Scotland and on criminal justice partners more generally?
• What are the experiences of those complainers and vulnerable witnesses who pre-record all or part of their evidence ahead of trial?
• How do victims conceptualise justice? Does this differ by victim or case type? Does this differ from how other actors in the justice system conceptualise justice?
• How are experiences of justice treatment interdependent with justice outcomes and decisions? What evidence is there to suggest that both victims, accused and defenders care about the overall rights and fairness of processes, challenging zero-sum game models?

Trauma, Mental Illness and the Justice System

• To what extent have trauma-informed practices been embedded within the Scottish justice system? What progress has been made and what aspects of the system still need to be adapted in order to minimise harm and re-traumatisation, support the recovery of victims and, enable the most effective evidence gathering?
• · How can the coordination between mental health services and the justice system be improved to better support the mental health needs of individuals?
• How do mental health conditions and trauma histories influence people's pathways to crime, rates of reoffending and their experiences within the criminal justice system? How can interventions be tailored to address their specific needs? What systems are in place to ensure their needs continue to be met once their contact with the criminal justice system ends? How effective are these systems?

Juror Beliefs, Juror Decision-Making and Judicial Directions

• To what extent are rape and sexual offence cases in Scotland impacted by those involved in the case believing or communicating “rape myths” (prescriptive or descriptive beliefs about rape that serve to deny, downplay or justify sexual violence)? What actions could be taken to lessen the impact of such beliefs in these cases?
• How might rape myth acceptance amongst the general population be challenged and lessened? What impact, if any, would this have on the justice system?
• With regard to the ‘rape and sexual offence myth directions’, how do jurors receive, understand and use these directions? Is there any way in which they could be made to be more effective? Are there alternative mechanisms which would more effectively combat “rape myths”?
• What factors do jurors consider when evaluating the credibility of witnesses? How do jurors understand and account for common trauma responses such as freezing, befriending, anger, dissociation, lack of visible distress, and cognitive impacts on memory and coherence during their deliberations?
• What impact do judicial directions related to the meaning of ‘reasonable doubt’ have on jury deliberations?
• How do jurors in Scotland perceive pre-recorded evidence and how, if at all, does this differ from the way in which they perceive live evidence? Does the way in which evidence is delivered, either pre-recorded or live, impact upon juror decision-making and jury deliberations?
• To what extent do juries in Scotland reflect the demographic make up of the Scottish population? Are there specific groups that are overrepresented or underrepresented? If so, what are the impacts of this on juror experience, deliberations and case outcomes?
• What are the psychological impacts of serving on a jury? Are there specific types of cases that increase the likelihood of negative psychological effects? Are certain jurors more or less susceptible to these impacts? What measures can be taken to mitigate these effects during and after trials?