Download or read book Impact of Aspects of the Law of Evidence in Sexual Offence Trials an Evaluation Study written by Michèle Burman and published by . This book was released on 2007-09 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report presents findings from a study of the operation of the Sexual Offences (Criminal Procedure) (Scotland) Act 2002, which introduced new procedures restricting the use of evidence or questioning concerning the sexual history and character of the complainer in sexual offence trials.
Download or read book The Law of Evidence in Sexual Offence Trials written by and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Walker and Walker The Law of Evidence in Scotland written by Margaret L Ross and published by Bloomsbury Publishing. This book was released on 2020-11-13 with total page 751 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and detailed examination of the law of evidence in the broadest of civil and criminal contexts. The emphasis is upon rigorous examination of the issues affecting all who work with the law of evidence whether in court, chamber practice or legal education. The fifth edition takes account of a range of relevant new legislation, including the following statutes: · Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 · Domestic Abuse (Scotland) Act 2018 · Abusive Behaviour and Sexual Harm (Scotland) Act 2016 · Inquiries into Fatal Accidents and Sudden Deaths etc (Scotland) Act 2016 · Criminal Justice (Scotland) Act 2016 It includes relevant case law, including significant developments in respect of opinion evidence, real evidence and corroboration.
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 with total page 236 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.
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 237 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.
Download or read book Rape Law Reform written by Cassia Spohn and published by Springer Science & Business Media. This book was released on 2013-11-27 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book evolved from our interest in rape as feminists and as sodal sdentists. As feminists, we were concemed about the treatment of rape victims and the attrition in rape cases under traditional rape law, and we welcomed legal reforms designed to improve the situation. As sodal sdentists, we wondered about the efficacy of legal changes aimed at an inherently resistant court system. We also were curious about the lack of studies examining the impact of these changes; we were particularly surprised to find that no one had attempted to ana lyze the impact of the reforms in more than one jurisdiction. Con vinced that untangling the effects of the reforms from the effects of contextual factors required a multijurisdictional study, we deeided to undertake the project. We quickly discovered that evaluating rape law reform in several jurisdictions would be no easy task. We had deeided that such an evaluation would require monthly data on the outcome of rape cases before and after the reforms were implemented, as weIl as qualitative data on the attitudes of criminal justice officials toward the reforms. Because states do not generate monthly data on case outcomes, we would have to collect the data ourse1ves from court records main tained by individual jurisdictions. To obtain an adequate number of cases for the time-series analysis, we would have to select our sites from large urban jurisdictions scattered throughout the United States.
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.
Download or read book Criminal Evidence and Human Rights written by Paul Roberts and published by Bloomsbury Publishing. This book was released on 2012-05-18 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal procedure in the common law world is being recast in the image of human rights. The cumulative impact of human rights laws, both international and domestic, presages a revolution in common law procedural traditions. Comprising 16 essays plus the editors' thematic introduction, this volume explores various aspects of the 'human rights revolution' in criminal evidence and procedure in Australia, Canada, England and Wales, Hong Kong, Malaysia, New Zealand, Northern Ireland, the Republic of Ireland, Singapore, Scotland, South Africa and the USA. The contributors provide expert evaluations of their own domestic law and practice with frequent reference to comparative experiences in other jurisdictions. Some essays focus on specific topics, such as evidence obtained by torture, the presumption of innocence, hearsay, the privilege against self-incrimination, and 'rape shield' laws. Others seek to draw more general lessons about the context of law reform, the epistemic demands of the right to a fair trial, the domestic impact of supra-national legal standards (especially the ECHR), and the scope for reimagining common law procedures through the medium of human rights. This edited collection showcases the latest theoretically informed, methodologically astute and doctrinally rigorous scholarship in criminal procedure and evidence, human rights and comparative law, and will be a major addition to the literature in all of these fields.
Download or read book Rethinking Rape Law written by Clare McGlynn and published by Routledge. This book was released on 2010-07-12 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rethinking Rape Law provides a comprehensive and critical analysis of contemporary rape laws, across a range of jurisdictions. In a context in which there has been considerable legal reform of sexual offences, Rethinking Rape Law engages with developments spanning national, regional and international frameworks. It is only when we fully understand the differences between the law of rape in times of war and in times of peace, between common law and continental jurisdictions, between societies in transition and societies long inured to feminist activism, that we are able to understand and evaluate current practices, with a view to change and a better future for victims of sexual crimes. Written by leading authors from across the world, this is the first authoritative text on rape law that crosses jurisdictions, examines its conceptual and theoretical foundations, and sets the law in its policy context. It is destined to become the primary source for scholarly work and debate on sexual offences laws.
Download or read book The Use of Victim Impact Statements in Sentencing for Sexual Offences written by Rhiannon Davies and published by Routledge. This book was released on 2021-03-17 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on extensive research from Australia, this book examines the experiences of sexual offence victims who submit a victim impact statement. Victim impact statements are used in sentencing to outline the harm caused to victims. There has been little research on the impact statement experiences of sexual offence victims. This book fills this gap, examining the perspectives of six adult female victims and 15 justice professionals in Australia. This is supplemented by analysis of 100 sentencing remarks, revealing how courts use such statements in practice. This book examines victims’ experiences of preparing and submitting statements, justice professionals’ experiences of working with victims to submit statements, and the judicial use of impact statements in sentencing. It identifies an overarching lack of clarity around the purpose of impact statements, which affects the information that can be included and the way they can be used by the court. It consequently explore issues associated with balancing the expressive and instrumental purposes of such statements, and the challenges in communication between professionals and victims of crime. The findings highlight several issues with the operation of impact statement regimes. Based on these findings, the book makes recommendations to clarify such regimes, to improve communication between justice professionals and victims of crime, and to enhance the therapeutic goals of such statements. An accessible and compelling read, this book is essential reading for all those engaged with victimology, sentencing, and sexual violence.
Download or read book Scottish Criminal Evidence Law written by Peter Duff and published by Edinburgh University Press. This book was released on 2018-12-31 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did Enlightenment happen in Edinburgh?
Download or read book The Technoscientific Witness of Rape written by Andrea Quinlan and published by University of Toronto Press. This book was released on 2017-01-01 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Technoscientific Witness of Rape is the first book to chart the thirty-year history of the sexual assault evidence kit and its role in a criminal justice system that re-victimizes many assault victims in their quest for medical treatment and justice.
Download or read book International Approaches to Rape written by Westmarland, Nicole and published by Policy Press. This book was released on 2012-04-04 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Approaches to Rape gives an overview of rape law and policy in nine different countries, including the United States and Canada. Many governments have begun to take rape more seriously than in the past and have started to implement wide-ranging reforms; this book describes those reforms and assesses the degree to which they have been successful. Introducing readers to various national perspectives on rape, the contributors outline a comparative approach that highlights the similarities and differences between countries, contexts, laws, issues, policies, and interventions.
Download or read book Sex Crimes on Trial written by Beverley Brown and published by . This book was released on 1993 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Victims of sexual crimes - both male and female - are often subjected to an intense scrutiny of both their 'sexual history' and 'sexual character' once the case is brought to court. In 1985 legislation was passed in Scotland to control the use of such evidence, and Sex Crimes on Trial reviews the last eight years to assess the impact this legislation has had, and illustrates why other systems have a lot to learn from the Scottish experience. Combining socio-legal analysis with empirical evidence, this book also covers wider theoretical concerns - including an analysis of the 'cross talk' between feminist and legal analysis, and a chapter on young complainants, analysing age-dependent characteristics - as well as providing basic introductory information for non-lawyers. It is a well-balanced and comprehensive study suitable for all socio-legal courses, women's studies and law.
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.
Download or read book Public Opinion and Criminal Justice written by Jane Wood and published by Willan. This book was released on 2013-05-13 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public opinion is vital to the functioning of the criminal justice system but it is not at all clear how best to establish what this is, and what views people have on different aspects of criminal justice and the criminal justice system. Politicians and the media often assume that the public wants harsher, tougher and longer sentences, and policies may be shaped accordingly. Detailed research and more specific polling often tells a different story. This book is concerned to shed further light on the nature of public views on criminal justice, paying particular attention to public opinion towards specific types of offenders, such as sex offenders and mentally disordered offenders. In doing so it challenges many enduring assumptions regarding people's views on justice, and confronts the myths that infect our understanding of what people think about the criminal justice system.
Download or read book Rape Trials in England and Wales written by Olivia Smith and published by Springer. This book was released on 2018-03-26 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of ongoing concerns about the treatment of survivors, Rape Trials in England and Wales critically examines court responses to rape and sexual assault. Using new data from an in-depth observational study of rape trials, this book asks why attempts to improve survivor experiences at court have not been fully effective. In doing so, Smith identifies deep-rooted barriers to survivor justice and, crucially, introduces potential avenues for more effective reform. This book provides a comprehensive examination of the practicalities of court, use of rape myths and sexual history evidence, underlying principles of adversarial justice and the impact of inequalities embedded within English and Welsh legal culture. This engaging and highly significant study is essential reading for anyone seeking to understand the criminal courts and their responses to rape, including practitioners and students of criminology, sociology, and law.
