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Author : Elisabeth McDonald
Publisher :
ISBN 13 : 9781988503158
Total Pages : pages
Book Rating : 4.5/5 (31 download)
Download or read book Rape Myths as Barriers to Fair Trial Process written by Elisabeth McDonald and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Elaine Craig
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773553010
Total Pages : 320 pages
Book Rating : 4.7/5 (735 download)
Download or read book Putting Trials on Trial written by Elaine Craig and published by McGill-Queen's Press - MQUP. This book was released on 2018-02-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily - and sometimes unlawfully - contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers' public statements and commercial advertisements, Putting Trials on Trial demonstrates that - despite prominent contestations - complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.
Author : Charlotte Herriott
Publisher : Taylor & Francis
ISBN 13 : 1000874389
Total Pages : 163 pages
Book Rating : 4.0/5 (8 download)
Download or read book Sexual History Evidence in Rape Trials written by Charlotte Herriott and published by Taylor & Francis. This book was released on 2023-03-16 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and its impact on jurors. In doing so, it presents findings of the first mock jury dataset in England and Wales to explore how jurors interpret, discuss, and rely upon such evidence within their deliberations. Drawing on both qualitative and quantitative insights from the 18 mock jury panels, the book highlights the complex, nuanced and intersectional impact of sexual history evidence within the deliberative ideal. Indeed, findings exemplified routine and ongoing prejudicial framings of sexual history amongst jurors, and frequent endorsement of rape myths that served to mistakenly infer relevance and undermine the perceived credibility of the complainant. The findings discussed within this book are therefore key to addressing the current knowledge gap around the impact of sexual history evidence and are embedded within broader discussions about evidential legitimacy in rape trials. The book draws on good practice observed in other jurisdictions to makes numerous recommendations for change. Aiming to inform academic, policy, and legislative discussions in this area, Sexual History Evidence in Rape Trials will be of great interest to students and scholars of Criminal Law and Criminology, as well as policy makers and legal practitioners. The Open Access version of this book, available at www.taylor francis.com, has been made available under a Creative Commons Attribution- Non Commercial- No Derivatives 4.0 license.
Author : Joanne Conaghan
Publisher : Policy Press
ISBN 13 : 1529207851
Total Pages : 288 pages
Book Rating : 4.5/5 (292 download)
Download or read book Sexual History Evidence And The Rape Trial written by Joanne Conaghan and published by Policy Press. This book was released on 2023-10-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of a rape victim’s sexual history as evidence attracted intense public attention after the acquittal of footballer Ched Evans in 2017. Set within the context of a criminal justice system widely perceived to be failing rape victims, the use of sexual history evidence remains a flashpoint of contention around rape law reform. This accessible book mounts an important interrogation into the use of a victim’s sexual history as evidence in rape trials. Adopting a critical multidisciplinary perspective underpinned by feminist theory, the authors explore the role and significance of sexual history evidence in criminal justice responses to rape.
Author : Nicole Bluett-Boyd
Publisher :
ISBN 13 : 9781922038449
Total Pages : 74 pages
Book Rating : 4.0/5 (384 download)
Download or read book Victim/survivor-focused Justice Responses and Reforms to Criminal Court Practice written by Nicole Bluett-Boyd and published by . This book was released on 2014 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reforms have been underway over the last three decades to address the disadvantages that victim/survivors of sexual assault face within the criminal justice system in Australia. Such reforms include expansion of advocate services, specialisation of police, alternative provisions for giving evidence at trial, and changes to jury instructions. This report was commissioned to examine the implementation of these reforms and their impact on the victim/survivor experience. Drawing on interviews with 81 criminal justice professionals including counsellors, lawyers and judges, it looks at victim/survivor-focused approaches, promising and innovative practices, the take up of reforms, the factors that enable or inhibit victim-focused reforms being embedded in court practices, and the potential for future reform.
Author : Jan Jordan
Publisher : Routledge
ISBN 13 : 100060585X
Total Pages : 321 pages
Book Rating : 4.0/5 (6 download)
Download or read book Tackling Rape Culture: Ending Patriarchy written by Jan Jordan and published by Routledge. This book was released on 2022-07-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Tackling Rape Culture: Ending Patriarchy, Jan Jordan asks why, despite decades of feminist activism, does rape culture remain so endemic within contemporary society. She argues that, in order to understand the global pandemic of sexual violence, we must view rape culture as a consequence of the social divisiveness that emerges from the logic of patriarchy. In advancing this argument, Jordan offers a comprehensive indictment of the patriarchal system while recognising also women’s efforts to resist its edicts. Jordan critically explores two mechanisms that she argues are central to the maintenance and reproduction of rape culture - silencing and objectification. Both are examined as patriarchal strategies that have been relied on for centuries to control and constrain women’s lives, silencing their voices and keeping them as ‘othered’ outsiders in a male-defined world. Women throughout history have sought ways to resist such control and, since the second-wave women’s movement of the 1970s, this has included multiple initiatives both offline and more recently online. While #MeToo is being hailed by many as evidence that the silencing of women’s voices about rape has finally been broken, Jordan urges a more critical appraisal given the continued dominance of patriarchal thinking. To end rape culture, Jordan argues, we must end patriarchy. This timely and provocative book, which complements Jordan’s Women, Rape and Justice: Unravelling the Rape Conundrum (Routledge, 2022), will be of great interest to researchers, students, practitioners and activists seeking to understand and challenge the pervasive rape culture characterising contemporary patriarchal society.
Author : Elizabeth A. Sheehy
Publisher : University of Ottawa Press
ISBN 13 : 0776619772
Total Pages : 833 pages
Book Rating : 4.7/5 (766 download)
Download or read book Sexual Assault in Canada written by Elizabeth A. Sheehy and published by University of Ottawa Press. This book was released on 2012-09-29 with total page 833 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.
Author : Douglas
Publisher : Oxford University Press
ISBN 13 : 0197651844
Total Pages : 345 pages
Book Rating : 4.1/5 (976 download)
Download or read book The Criminalization of Violence Against Women written by Douglas and published by Oxford University Press. This book was released on 2023-10-15 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Historically states have failed to seriously confront violence against women. In response, in many countries women's rights movements have called on the government to prioritize state intervention in cases involving violence between intimate partners, sexual harassment, rape, and sexual assault by both strangers and intimate partners. Those interventions have taken various forms, including the passage of substantive civil and criminal laws governing intimate partner violence, rape and sexual assault, and sexual harassment; the development of civil orders of protection; and the introduction of procedures in the criminal legal system to ensure the effective intervention of police and prosecutors. Indeed, many countries have relied upon intervention by the criminal legal system to meet their requirements under international human rights standards that obligate states to prevent, protect from, prosecute, punish, and provide redress for violence. Although states have taken divergent approaches to the passage and implementation of criminal laws and procedures to address violence against women, two things are clear: criminalization is a primary strategy relied upon by most nations, and yet criminalization is not having the desired impact. This collection explores the extent to which nations have adopted criminal legal reforms to address violence against women, the consequences associated with the implementation of those laws and policies, and who bears those consequences most heavily. The chapters examine the need for both more and less criminalization, ask whether we should think differently about criminalization, and explore the tensions that emerge when criminal law, civil law and social policy speak or fail to speak to each other. Drawing on criminalization approaches and recent debates from across the globe, this collection provides a comparative approach to assess the scope, impact of, and alternatives to criminalization in the response to violence against women.
Author : Kate Gleeson
Publisher : Taylor & Francis
ISBN 13 : 100085728X
Total Pages : 286 pages
Book Rating : 4.0/5 (8 download)
Download or read book New Directions in Sexual Violence Scholarship written by Kate Gleeson and published by Taylor & Francis. This book was released on 2023-05-30 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection brings together leading and emerging scholars in the important field of sexual violence scholarship. The last ten years have witnessed an international reckoning on sexual violence, typified in the mainstream imagination by the #MeToo movement, acknowledgement of the violence of university campus life, and the overdue recognition of the enduring harms of child sexual abuse. While the state has been forced to respond through law and other political processes, at times revealing its agility and at other times its archaic investment in the past, much of the real work responding to sexual violence and abuse has taken place within communities, and in the personal responses of the individuals writing the scripts of their experiences. This volume explores the nuances of these individual experiences and considers how they are shaped and reflected by intersecting axes of power including gender, race, class, age and able-bodied status. It reflects on law and law reform in the area and suggests new modes and frames through which to explain and understand sexual violence and institutional responses to it. Debates within this contested personal and political arena do not map onto longstanding binaries of liberal and radical feminism, nor conservative and progressive politics. This interdisciplinary volume traces that murky terrain and features some of the leading international scholars writing on sexual violence in English today. This book will appeal to scholars and students across the broad disciplines of law and legal studies; criminology; gender studies; political science and sociology.
Author : Richard Mahoney
Publisher :
ISBN 13 : 9780864726063
Total Pages : 585 pages
Book Rating : 4.7/5 (26 download)
Download or read book The Evidence Act 2006 written by Richard Mahoney and published by . This book was released on 2007 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a section-by-section analysis of the Act, and allows for quick and easy reference to discussion on the new evidence regime and recent case law, as well as comparative analysis of the previous laws of evidence. In addition, the text includes the Evidence Regulations 2007 and incorporates amendments by the Evidence Amendment Act 2007. Written by a team of respected New Zealand academics the text provides expert analysis not otherwise available in any existing New Zealand legal book.
Author : Jennifer Temkin
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314201
Total Pages : 270 pages
Book Rating : 4.8/5 (473 download)
Download or read book Sexual Assault and the Justice Gap: A Question of Attitude written by Jennifer Temkin and published by Bloomsbury Publishing. This book was released on 2008-04-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is set against the background of the 'justice gap' in sexual assault cases - the dramatic gap between the number of offences recorded by the police and the number of convictions. It seeks to examine the attitudinal problems which bedevil this area of law and possible strategies for addressing them. Written by a professor of law and a professor of psychology, it reviews evidence from socio-legal and social cognition research and presents new data drawn both from interviews with judges and barristers and from studies with prospective lawyers and members of the public. In the final part, it considers different ways in which rape trials could be improved and suggests steps that could be taken to change public attitudes about sexual assault.
Author : Marie Keenan
Publisher : Oxford University Press
ISBN 13 : 0198858639
Total Pages : 417 pages
Book Rating : 4.1/5 (988 download)
Download or read book Sexual Violence and Restorative Justice written by Marie Keenan and published by Oxford University Press. This book was released on 2022-11-04 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerned by the high attrition rates for sexual crime and the secondary victimization experienced by victims during their participation in the criminal justice system, this book analyses the extent to which restorative justice can address the justice gap that exists in current justice provision. Building on clinical experience and earlier research on sexual crime the authors engage with the complex dynamics and traumatic impact of sexual crime as a critical starting point for their research and examine whether restorative justice can contribute to a more enhanced justice response. The book presents extensive new data on restorative justice as applied in sexual violence cases across the globe. It engages with feminist concerns regarding the traumatic impact of sexual violence and the power imbalances that characterise these offences, as well as the potential for re-traumatisation and re-victimisation during the judicial process. While there is a risk of coercion of the victim to participate in the process, and manipulation of restorative justice by the offender, restorative justice has the potential to lead to the reprivatisation of sexual crime and ultimately to its decriminalisation. Having examined these topics in detail, the book concludes there is an important role for restorative justice in addressing the justice gap that exists after sexual crime and offers guidance on how this can be achieved.
Author : Conor Hanly
Publisher :
ISBN 13 : 9781905785742
Total Pages : 475 pages
Book Rating : 4.7/5 (857 download)
Download or read book Rape and Justice in Ireland written by Conor Hanly and published by . This book was released on 2009 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: A groundbreaking book commissioned by the Rape Crisis Network Ireland, is the result of a four-year independent research study into the process of prosecuting rape cases in Ireland. This book is an important advance in our understanding of the reasons why so many rape cases are lost from the system during their progress from incident to reporting, to final court hearing, resulting in a conviction rate for rape in Ireland of only 7%. The book also offers a unique insight into the Irish justice system as the authors were granted unprecedented access to the files of the state prosecutors, the courts, and the experiences of survivors of rape.
Author : Jan Jordan
Publisher : Routledge
ISBN 13 : 0429849737
Total Pages : 310 pages
Book Rating : 4.4/5 (298 download)
Download or read book Women, Rape and Justice written by Jan Jordan and published by Routledge. This book was released on 2022-03-14 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is justice possible for a woman raped in contemporary patriarchal culture? This book explores one of the major conundrums of our time: given all the feminist activism and reforms of the last 50 years, why does rape remain so prevalent and justice so elusive? In exploring these questions, Jan Jordan takes us back into the patriarchal origins of our rape culture in order to trace the connections between past laws and current justice realities. Her examination covers developments in police and court processes and explores the connections between men, masculinity, and rape before considering the scope of rape prevention. She argues the need for urgent transformation of the rape-condoning cultures that currently make it impossible for rape prevalence to abate or for rape victims to receive justice.
Author :
Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.0/5 (474 download)
Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
Author : Anita Gibbs
Publisher : Routledge
ISBN 13 : 1000531570
Total Pages : 236 pages
Book Rating : 4.0/5 (5 download)
Download or read book Women, Crime and Justice in Context written by Anita Gibbs and published by Routledge. This book was released on 2022-01-17 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women, Crime and Justice in Context presents contemporary feminist approaches to key issues in criminal justice. It draws together key researchers from Australia and New Zealand to offer a context-specific textbook that covers all of the major debates in the discipline in an accessible way. This book examines both the foundational texts and cutting-edge contributions to the topic and acknowledges the unique challenges and debates in the local Australian and New Zealand context. Written as an entry-level text, it introduces undergraduate students to key theories and debates on the topics of offending, victimization and the criminal justice system. It explores key topics in feminist criminology with chapters exploring sex work, prison abolitionism, community punishment, media representations of crime and victims, and the impacts of digital technology on gendered violence. Centring on an intersectional approach, the book includes chapters that focus on disability, queer criminology, indigenous perspectives, migration and service-user perspectives. The book concludes by exploring future directions in feminist approaches to crime and justice. This book will be essential reading for undergraduates studying feminist criminology, gender and crime, queer criminology, socio-legal studies, intersectionality, sociology and criminal justice.
Author : United Nations Publications
Publisher :
ISBN 13 :
Total Pages : 192 pages
Book Rating : 4.M/5 ( download)
Download or read book Handbook on Effective Prosecution Responses to Violence Against Women and Girls written by United Nations Publications and published by . This book was released on 2014 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing upon the recommendations and guidance contained in the updated Model Strategies and Practical Measures, the United Nations Office on Drugs and Crime (UNODC) and UN Women, in cooperation with Thailand Institute of Justice, have drafted the Handbook on Effective Prosecution Responses to Violence against Women and Girls with a view to assist prosecutors in their duty to uphold the rule of law, firmly protect human rights and serve their community with impartiality and fairness in cases involving violence against women and girls.--Provided by publisher.
