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.
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.
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.
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.
Download or read book Children and Cross Examination written by J R Spencer and published by Bloomsbury Publishing. This book was released on 2012-06-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2009, Stephen Barker was convicted of rape on the evidence of a little girl who was four-and-a-half years old at the trial, and about three-and-a-half when first interviewed by the police. The high point of the proceedings was the child's appearance as a live witness in order for Barker's counsel to attempt a cross-examination. This case focused attention on the need, imposed by current English law, for even tiny children to come to court for a live cross-examination. In 1989, the Pigot Committee proposed a scheme under which the whole of a young child's evidence, including cross-examination, would be obtained out of court and in advance of trial. In 1999 a provision designed to give effect to this was included in the Youth Justice and Criminal Evidence Act, but it has not yet been brought into force. The full Pigot proposal was implemented, however, in Western Australia, and similar schemes operate in a number of European jurisdictions. This book of essays examines a number of these schemes, and argues the case for further reforms in the UK.
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.
Download or read book The Receipt of Evidence by Queensland Courts written by Queensland. Law Reform Commission and published by . This book was released on 2000 with total page 570 pages. Available in PDF, EPUB and Kindle. Book excerpt: The receipt of evidence by Queensland courts: the evidence of children (Report no 55, pt 2)
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.
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.
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.
Download or read book Non Adversarial Justice written by Michael King and published by Federation Press. This book was released on 2014-07-04 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines key aspects of the use of non-adversarial practices in the Australian justice system with reference to similar developments in the United States, Canada, New Zealand and the United Kingdom. It examines in detail non-adversarial theories and practices such as therapeutic jurisprudence, restorative justice, preventive law, creative problem solving, holistic law, appropriate or alternative dispute resolution, collaborative law, problem-oriented courts, diversion programs, indigenous courts, coroners courts and managerial and administrative procedures.
Download or read book Addressing Vulnerability in Justice Systems written by Linda Hunting and published by Wildy, Simmonds & Hill Publishing. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication represents not only the current state of knowledge from experts in the field, but more importantly evidence of a seismic shift in the justice system.
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.
Download or read book MEMORY ENHANCING TECHNIQUES FOR INVESTIGATIVE INTERVIEWING written by Ronald P. Fisher and published by Charles C Thomas Publisher. This book was released on 1992-01-01 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the obvious importance of eyewitness information in criminal investigation, police receive surprisingly little instruction on how to conduct an effective interview with a cooperative eyewitness. More than half of police departments have no formal training whatsoever for newly appointed investigators. Most texts in police science either completely omit the issue of effective interviewing techniques or provide only superficial coverage. This manual provides guiding principles to effective interviewing, with specific techniques to be used and others to be avoided. There are principles of memory retrieval so that the reader will understand why to employ specific techniques -- for example, when to use open-ended versus direct short-answer questions, effective use of pauses, asking follow-up questions, cues to name and number recall, etc. There is the strategy of interview sequential structure -- that is, what to probe for at the beginning, middle, and end of the interview. Also included are practical exercises and real-world experiences. The book will also be helpful for attorneys in conducting investigative interviews.
Download or read book The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations written by Juan Carlos Ochoa S. and published by Martinus Nijhoff Publishers. This book was released on 2013-02-05 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.
Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.
Download or read book Criminal Evidence written by Paul Roberts and published by Oxford University Press. This book was released on 2021-09-20 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published.With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one.The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.
