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The Adversarial Process And The Vulnerable Witness
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Book Synopsis The Adversarial Process and the Vulnerable Witness by : Louise Ellison
Download or read book The Adversarial Process and the Vulnerable Witness written by Louise Ellison and published by Oxford University Press on Demand. This book was released on 2001 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until quite recently it was commonplace to describe the witness as the 'forgotten man' in the criminal justice system. The last few years have seen a dramatic shift in thinking with an increasing recognition of the legitimate expectations and rights of witnesses within the criminal process.At the same time research has drawn attention to a host of factors that conspire to deny the courts access to the best evidence potentially available when so-called vulnerable and intimidated witnesses are called upon to testify in accordance with conventional adversarial trial procedures andmethods.The official response so far embodies an approach best described as one of accommodation. Efforts have centred on improving the treatment of witnesses within the established trial framework while preserving an overall commitment to key tenets of adversarial theory. The latter include the principleof orality with its general insistence upon direct evidence and the use of cross-examination as a device for testing the credibility of witnesses.The central contribution of this book lies in its demonstration of the significant limitations of the prevailing approach, most recently manifest in the Youth Justice and Criminal Evidence Act 1999. By providing a broader theoretical framework for understanding the treatment of vulnerable witnessesit signals the need to extend the search for solutions beyond the boundaries of the paradigmatic adversarial model. Drawing upon modern psychological, socio-linguistic, and victimological study across common law jurisdictions, the book provides a systematic critique of the special measures of the1999 Act and of adversarial trial procedure more generally.As a point of contrast the book also explores the contended advantages inherent within inquisitorial style criminal proceedings for witnesses, drawing on the author's own experience of rape proceedings in the Netherlands. Throughout due account is taken of significant recent developments atnational, European, and international levels which have ensured the place victims and witnesses, once excluded, in any discussion of criminal trial fairness.
Book Synopsis Adversarial versus Inquisitorial Justice by : Peter J. van Koppen
Download or read book Adversarial versus Inquisitorial Justice written by Peter J. van Koppen and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first volume that directly compares the practices of adversarial and inquisitorial systems of law from a psychological perspective. It aims at understanding why American and European continental systems differ so much, while both systems entertain much support in their communities. The book is written for advanced audiences in psychology and law.
Book Synopsis Evidence and the Adversarial Process by : Jenny Mcewan
Download or read book Evidence and the Adversarial Process written by Jenny Mcewan and published by Wiley-Blackwell. This book was released on 1992-08-03 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence and the Adversarial Process d, an important new text, reflects the latest views and research on evidence and the adversarial process, and identifies new directions and procedures which are bringing the English trial closer to the continental model. The book both reviews the modern law and challenges traditional assumptions; the theory of the trial is measured against the reality.
Book Synopsis "An Awkward Couple" by : Soraya Janus
Download or read book "An Awkward Couple" written by Soraya Janus and published by . This book was released on 2018 with total page 91 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis explored strengths and weaknesses surrounding the Canadian criminal justice system (CJS) and vulnerable witnesses. Literature and case studies typically focus on the negative relationship between the courts and witnesses. Though special measures have been introduced and utilized within the adversarial system, the results indicate a gap in efficacy, specifically with vulnerable witnesses'. Interviews were conducted with vulnerable witness and stakeholders in the CJS and students were surveyed. Professionals who worked with vulnerable witnesses emphasized their dissatisfaction with the justice process. Fifteen interviews with criminal justice personnel who worked with vulnerable witnesses, and a vulnerable witness, together with a survey of nineteen undergraduate students were conducted. Consistent with previous research, the current study found that more assistance throughout the process is needed. Findings suggest that a better understanding of 'vulnerability' may lead to better treatment of vulnerable witnesses and enhance their ability to provide their "best evidence" in court.
Book Synopsis The Trial on Trial: Volume 1 by : R A Duff
Download or read book The Trial on Trial: Volume 1 written by R A Duff and published by Hart Publishing. This book was released on 2004-12-31 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is questions whether the discovery of truth is the central aim of the rules and practices of criminal investigation and trial.
Book Synopsis Adversarial Justice by : Theodore L. Kubicek
Download or read book Adversarial Justice written by Theodore L. Kubicek and published by Algora Publishing. This book was released on 2006 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our adversarial legal system is used to evade the truth and makes winning the paramount goal. Here, a law veteran proposes we shift to an inquisitorial system seeking the truth, and recommends changes to evidentiary rules that confuse law enforcement and juries alike.
Book Synopsis Intermediaries in the criminal justice system by : Plotnikoff, Joyce
Download or read book Intermediaries in the criminal justice system written by Plotnikoff, Joyce and published by Policy Press. This book was released on 2015-06-16 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first book about the intermediary scheme, criminal justice’s untold ‘good news story’. Intermediaries are independent communication specialists who assist children and vulnerable adults at police interviews and trials, helping to improve the quality of their evidence and providing access to justice for those who previously had been excluded. Richly illustrated with case examples through intermediaries’ own descriptions of their work, the book also includes feedback from justice system personnel and over 70 judges. This unique book provides a comprehensive explanation of how intermediaries work in practice and gives ‘behind the scenes’ insights into the criminal process. It will be of interest to practitioners and the wider public in England and Wales and encourage consideration of the scheme elsewhere.
Book Synopsis Closing the Justice Gap for Adult and Child Sexual Assault by : Anne Cossins
Download or read book Closing the Justice Gap for Adult and Child Sexual Assault written by Anne Cossins and published by Springer Nature. This book was released on 2020-10-21 with total page 722 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the justice gap and trial process for sexual assault against both adults and children in two jurisdictions: England and Wales and New South Wales, Australia. Drawing on decades of research, it investigates the reality of the policing and prosecution of sexual assault offences – often seen as one of the ‘hardest crimes to prosecute’ – across two similar jurisdictions. Despite the introduction of the many reform options detailed in the book, satisfactory outcomes for victims and the public are still difficult to obtain. Cossins takes a new approach by examining the nature and effects of adversarialism on vulnerable witnesses, jury decision-making and the structures of power within the trial process, to show how, and at what points, that process is weighted against complainants of sexual assault, in order to make evidence-based suggestions for reform. She argues that this justice gap is a result of a moralistic adversarial culture which fosters myths and misconceptions about rape and child sexual assault, thus requiring the prosecution to prove a complainant’s moral worthiness. She argues this culture can only be eliminated by a radical replacement of the adversarial system with a trauma-informed system. By reviewing the relevant psychological literature, this book documents the triggers for re-traumatisation within an adversarial trial, and discusses the reform measures that would be necessary to transform the sexual assault trial from one where the complainant’s moral worthiness is ‘on trial’ to a fully functioning trauma-informed system. It speaks to students and academics across subjects including law, criminology, gender studies and psychology, and practitioners in law and victim services, as well as policy-makers.
Book Synopsis The Origins of Adversary Criminal Trial by : John H. Langbein
Download or read book The Origins of Adversary Criminal Trial written by John H. Langbein and published by Oxford University Press, USA. This book was released on 2003 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.
Book Synopsis The Preventive Turn in Criminal Law by : Henrique Carvalho
Download or read book The Preventive Turn in Criminal Law written by Henrique Carvalho and published by Oxford University Press. This book was released on 2017 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engaging with contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume argues that the pervasiveness of prevention in 21st century criminal justice systems represents the manifestation of essential aspects of the liberal legal and political tradition.
Book Synopsis The Child Protection Handbook by : Kate Wilson
Download or read book The Child Protection Handbook written by Kate Wilson and published by Elsevier Health Sciences. This book was released on 2007-04-26 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is directed primarily towards health care professionals outside of the United States. The new edition of this popular handbook gives an authoritative, informative and accessible account of key areas of child protection practice. Covering research, policy and practice it is relevant to all professionals working in child care. No other book on child protection offers such comprehensive coverage of policy and practice. It provides research findings in all areas of child abuse, latest policies and indications of good practice, plus specialist chapters for different professionals. Chapters have been contributed by known experts in the field, both distinguished academics and practitioners. By combining the latest factual information with sophisticated analysis, it is the ideal course text for child protection programmes as well as meeting the needs of more experienced practitioners, academics and trainers. Practical. Examines the issues grounded in reality, and therefore gives the reader confidence in practice, coupled with an understanding of the responsibilities of colleagues in other professions. Comprehensive. Covers a broad review of what constitutes child abuse and characteristics of the abused and the abusers; medical, social and legal management of the process of protection; the actions involved in intervention. and training and new directions for research and practice. Authoritative. Contributors are senior professionals known nationally and internationally for their specific expertise in this area. Research based. All books should be, but amongst the professionals most closely involved in child protection, the heavy workload often means there is little time to catch up on and assimilate up-to-date research fully. This book offers a through guide to what research and policy initiatives can give to the practice of the reader. new chapters addressing issues of culture and parenting.. each chapter contains key messages for practitioners. key websites have been listed. a website on Evolve with supplementary material.
Book Synopsis Readings on Adversarial Justice by : Stephan Landsman
Download or read book Readings on Adversarial Justice written by Stephan Landsman and published by West Academic Publishing. This book was released on 1988 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes such presentations as: Introduction to Adversary System; Other Views of Adversary System; The Trial Judge: The Limits of Neutrality and Passivity; Place of the Jury in Adversarial Adjudication; and Lawyers: Their Usefulness, Zeal, and Candor.
Book Synopsis Evidence in Criminal Trials by : Liz Heffernan
Download or read book Evidence in Criminal Trials written by Liz Heffernan and published by Bloomsbury Publishing. This book was released on 2021-02-10 with total page 1071 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system. This title is included in Bloomsbury Professional's Irish Criminal Law online service.
Book Synopsis Corporations and Criminal Responsibility by : Celia Wells
Download or read book Corporations and Criminal Responsibility written by Celia Wells and published by Oxford University Press, USA. This book was released on 2001 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Business corporations wield enormous economic power, and legal structures largely serve their interests. This book analyses the background to the demands to use criminal law sanctions against corporations, including demand for corporate manslaughter.
Book Synopsis Putting Trials on Trial by : Elaine Craig
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 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. 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.
Book Synopsis Vulnerable Witnesses Within Family and Criminal Proceedings by : Frank Feehan
Download or read book Vulnerable Witnesses Within Family and Criminal Proceedings written by Frank Feehan and published by . This book was released on 2019 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Explaining the legal structure currently in place to assist vulnerable individuals, this brand new title covers every stage of proceedings, including the investigation/pre-proceeding, and postproceedings, whilst also looking at anonymity and protective orders. In addition, it discusses the sanctions available to the court if proper consideration and sufficient protection has not been given to vulnerable people at each stage. Covering legislation, regulation and authorities which govern these situations, it offers best practice regarding the examination of those who have difficulty understanding their case, by reason of age, circumstance or emotional and psychological difficulties".
Book Synopsis Expert Evidence and Criminal Jury Trials by : Ian Freckelton QC
Download or read book Expert Evidence and Criminal Jury Trials written by Ian Freckelton QC and published by . This book was released on 2016 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expert Evidence and Criminal Jury Trials uniquely explores how expert evidence is presented and understood in criminal jury trials. Drawing on an unprecedented Australian study of the views of jurors, experts, lawyers, and judges in over 50 trials, it illuminates the challenges involved and the effect on communication of information to jurors.
