Download or read book The Impact of Pre recorded Video and Closed Circuit Television Testimony by Adult Sexual Assault Complainants on Jury Decision making written by Natalie Taylor and published by National Gallery of Australia. This book was released on 2005 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report presents the findings from a mock sexual assault jury trial research project conducted on behalf of the New South Wales Attorney General's Department in 2005. The project aimed to investigate whether the impact of adult sexual assault complainant testimony on juror perceptions and decisions differs if presented via closed circuit television (CCTV), pre-recorded videotape or face-to-face in the courtroom. The study also investigated the impact of emotional versus neutral complainant testimony. Eighteen mock trials were held in a mock courtroom in which 210 members of the public participated as jurors. After watching the trial but before jury deliberation, jurors completed individual questionnaires which investigated their perceptions of complainant credibility, empathy with the complainant, overall impression of the complainant, empathy with the accused, overall impression of the accused and personal beliefs about guilt of the accused. After jury deliberation, jurors completed a questionnaire which asked again about their beliefs about guilt of the accused. Jurors also completed a questionnaire about their attitudes toward rape victims in general. The report outlines the methodology used, the key findings, issues arising from juror feedback and the difficulties encountered by jurors in trying to reach unanimous verdicts. The study finds, overall, that immediately following the trial but before jury deliberation, mode of presentation of testimony (face-to-face, CCTV or pre-recorded videotape) did not impact differentially on juror perceptions of the complainant or the accused, or guilt of the accused. The degree to which the complainant was upset while giving her testimony (emotional) or calm (neutral) was also not found to impact in any consistent pattern on juror perceptions or decisions. One of the key insights obtained during this study was the high degree to which many jurors believed many of the "myths" which surround rape in general. Acceptance of these myths means that many jurors have strong expectations about how a "real" victim would behave before, during and after an alleged sexual assault. These expectations impact on their perceptions of the complainant's credibility. Other key issues were the difficulty juries experienced in defining reasonable doubt, and the difficulty of understanding what was meant by "consent".

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.

Download or read book Child Sexual Abuse written by India Bryce and published by Academic Press. This book was released on 2020-05-14 with total page 772 pages. Available in PDF, EPUB and Kindle. Book excerpt: Child Sexual Abuse: Forensic Issues in Evidence, Impact, and Management covers the issue of child sexual abuse from several viewpoints. The book approaches child abuse from both victimization and offender perspectives, offering applied perspectives from experts and practitioners in the field, including discussions on policing, child safety and intelligence. This is a significant divergence from the literature most commonly provided in the market. Other sections cover psychological, physical abuse, and neglect, protective factors (at individual and community levels), recognition, responses, biopsychosocial outcomes (dealt with in discrete chapters), public policy, prevention, institutional abuse, children and corrections, treatment, management, and much more. Approaches child sexual abuse from both victimization and offending perspectives Comprised of both empirical scholarship and applied material from global experts and practitioners Includes significant advances in areas such as disclosure, the neurological effects of child abuse, neuroplasticity, trafficking, and online and virtual child abuse

Download or read book Contemporary Challenges in the Jury System written by Nicola Monaghan and published by Taylor & Francis. This book was released on 2024-07-05 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores a variety of issues facing contemporary juries, bringing together innovative research from different disciplines and jurisdictions. The debate stems from a real concern that criticism of the jury may lead to a loss of public confidence in the institution and that this may renew government efforts to further restrict the role of the jury in criminal proceedings in England and Wales. This work offers an interdisciplinary approach presenting insights from legal, psychological and criminological perspectives, thus bypassing traditional borders and presenting a cohesive view. Issues discussed reflect the rapid advances in technology, changing dynamics and behaviours in society, and challenges that have been aggravated by the Covid-19 pandemic. Whilst the focus is primarily on juries in England, Wales, Scotland and across Ireland in terms of challenges and opportunities, the collection also invites a comparative perspective, drawing on experiences and related research in other jurisdictions. The book will be of interest to academics, researchers and policy-makers working in the areas of criminal law and procedure, criminal justice, criminology and psychology.

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 Spacing Law and Politics written by Leif Dahlberg and published by Routledge. This book was released on 2016-04-20 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the inherent spatiality of law, both theoretically and as social practice, this book presents a genealogical account of the emergence and the development of the juridical. In an analysis that stretches from ancient Greece, through late antiquity and early modern and modern Europe, and on to the contemporary courtroom, it considers legal and philosophical texts, artistic and literary works, as well as judicial practices, in order to elicit and document a series of critical moments in the history of juridical space. Offering a more nuanced understanding of law than that found in traditional philosophical, political or social accounts of legal history, Dahlberg forges a critical account of the intimate relations between law and politics that shows how juridical space is determined and conditioned in ways that are integral to the very functioning – and malfunctioning – of law.

Download or read book How Juries Work written by Rebecca K. Helm and published by Oxford University Press. This book was released on 2024-07-11 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The majority of common law jurisdictions, and some civil law jurisdictions, use juries composed of citizens drawn from the general population to deliberate and reach collective verdicts in criminal cases. Juries are relied on to use their collective judgment to reach verdicts that accord with normative legal goals; for example, by being accurate and fair. How Juries Work suggests that, though important symbolically, the current jury system is not necessarily well-designed to meet the demands of modern society, which increasingly requires evidence-based procedure that is carefully designed to achieve normative goals. Rebecca K. Helm proposes new models of how jurors and juries function in practice, informed by psychological theory and empirical research, which provides a framework to interpret and integrate the large body of existing work on jury decision-making. Drawing on this framework, Helm highlights the deficiencies and strengths of the jury as a legal factfinder, providing key insights into how to minimise deficiencies and maximise strengths through trial procedure. The book concludes with a set of timely evidence-based suggestions as to how procedure surrounding trial by jury might be altered to enhance the administration of justice in the many jurisdictions where the criminal law jury is utilised. How Juries Work integrates legal and psychological theory and research to present a comprehensive assessment of the modern criminal law jury, and of how evidence-based research can improve jury performance.

Download or read book Legal Tech and the Future of Civil Justice written by David Freeman Engstrom and published by Cambridge University Press. This book was released on 2023-02-28 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: New digital technologies, from AI-fired 'legal tech' tools to virtual proceedings, are transforming the legal system. But much of the debate surrounding legal tech has zoomed out to a nebulous future of 'robo-judges' and 'robo-lawyers.' This volume is an antidote. Zeroing in on the near- to medium-term, it provides a concrete, empirically minded synthesis of the impact of new digital technologies on litigation and access to justice. How far and fast can legal tech advance given regulatory, organizational, and technological constraints? How will new technologies affect lawyers and litigants, and how should procedural rules adapt? How can technology expand - or curtail - access to justice? And how must judicial administration change to promote healthy technological development and open courthouse doors for all? By engaging these essential questions, this volume helps to map the opportunities and the perils of a rapidly digitizing legal system - and provides grounded advice for a sensible path forward.

Download or read book The Psychology of Criminal Investigation written by Andy Griffiths and published by Routledge. This book was released on 2018-05-20 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contribution of psychological research to the prevention of miscarriages of justice and the development of effective investigative techniques is now established to a point where law enforcement agencies in numerous countries either employ psychologists as part of their staff, or work in cooperation with academic institutions. The application of psychology to investigation is particularly effective when academics and practitioners work together. This book brings together leading experts to discuss the application of psychology to criminal investigation. This book offers an overview of models of investigation from a psychological and practical view point, covering topics such as investigative decision making, the presentation of evidence, witness testimony, the detection of deception, interviewing suspects and evidence-based police training. It is essential reading for students, researchers and practitioners engaged with police practice, investigation and forensic psychology.

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 Memory and Sexual Misconduct written by Joanna Pozzulo and published by Routledge. This book was released on 2020-04-29 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Memory and Sexual Misconduct: Psychological Research for Criminal Justice investigates the veracity of memories of sexual misconduct and the factors that may influence accurate recall, and fundamentally assesses whether psychological science can help the criminal justice system in determining which accusations are likely to be accurate, and which are not. In recent years, the public has been inundated with announcements of sexual assault allegations, in particular against public figures like politicians, businessmen, movie moguls, and professional athletes. Many of these accusations concern events that occurred several years prior to their announcements and trials. Drawing upon a compilation of real-life sexual assault cases and psychological science on recall and sexual trauma, this book provides an analysis of memory reports of sexual misconduct, including inappropriate comments, behaviors, harassment, and assault. It compares these memories with other types of memory, such as flashbulb memories, co-witness conformity memory, and autobiographical memory. Memory and Sexual Misconduct helps readers interpret the role of emotion, the level of detail, and the possible distinction between someone remembering a past event and believing the past event occurred. By providing a thorough evaluation of the likelihood that misconduct memories are accurate and investigating factors that affect this accuracy, Memory and Sexual Misconduct is an invaluable text to both the criminal justice system and the general public, particularly as sexual misconduct allegations of past events continue to come to light.

Download or read book The Art and Practice of Court Administration written by Alexander B. Aikman and published by Routledge. This book was released on 2017-09-25 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Art and Practice of Court Administration explores the context in which court administration is practiced and identifiesthe qualities and skills court administrators need. Divided into two major parts, part one covers the history of the field and how courts are organized, environmental conditions in which court administration is practiced, special impact on courts of the elected clerk of court, prosecutor, and the sheriff, the judge’s administrative roles, as well as how a judge’s judicial and administrative roles work with management. The second part reviews a new approach for setting and adjusting priorities among the multiple functions courts perform—the Hierarchy of Court Administration. It defines priorities, analyzes court roles that establish mission critical functions, and sets an agenda for advancing courts throughout this century. Thorough and complete, The Art and Practice of Court Administration details how courts operate, the court administrator’s position and responsibilities, and approachestoissues and problems.

Download or read book E Justice Using Information Communication Technologies in the Court System written by Mart¡nez, Agust¡ Cerrillo i and published by IGI Global. This book was released on 2008-07-31 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book presents the most relevant experiences and best practices concerning the use and impact of ICTs in the courtroom"--Provided by publisher.

Download or read book Research Methods for Law written by Mike McConville and published by Edinburgh University Press. This book was released on 2017-01-18 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces students to legalistic, theoretical, empirical, comparative and cross-disciplinary research methods, grounded in working examplesNew for this editionNew chapter on inter- and cross-disciplinary research essential reading for international students and students with a non-law first degree undertaking research in the areas of law, criminology, psychology and sociologyResearch ethics has been expanded to a full chapter that includes current plagiarism and imperfect disclosureBrings existing chapters up to date with the newest thinking in legal researchDrawing on actual research projects, Research Methods for Law discusses how legal research as process impacts on research as product. The author team has a broad range of teaching and research experience in law, criminal justice and socio-legal studies, and give examples from real-life research products to illustrate the theory.

Download or read book Bodies in Evidence written by Heather R. Hlavka and published by NYU Press. This book was released on 2021-11-09 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book reveals the human and social costs of sexual assault prosecution when courts rely on forensic science and medico-legal technologies that reproduce rape myths, inequality, and racial injustice under the guise of scientific authority"--

Download or read book Juries in the 21st Cemtury written by Jacqueline Horan and published by Federation Press. This book was released on 2012-11-28 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a broad understanding of and critical thinking about the contemporary jury system. It fills a void of easily accessible knowledge about how jury trials work and how jury research assists us to formulate new ways to improve the system. Current issues challenging the jury system, such as the impact that technology is having on jury trials, are discussed. Juries in the 21st Century is designed to inform jury practitioners (judges, barristers, instructing solicitors, and forensic experts) about what constitutes best practice for them. It details how other jurisdictions are dealing with issues within their jury systems and allows jury practitioners to understand which practices are based upon fact and which are based on habit, anecdote and other misconceptions. It encourages jury practitioners and law reformers to consider new approaches in order to improve jury communication. Teachers and researchers in law, psychology, criminology and sociology should find this cross-disciplinary book useful as it synthesises the current state of jury research. To curious members of the public who have or would like to serve on a jury, this book will provide you with insight into jury trials and jury room dynamics.

Download or read book Rape written by Miranda Horvath and published by Routledge. This book was released on 2013-01-11 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rape remains one of the most controversial issues within criminal justice and receives high profile coverage internationally. Despite the many changes there have been to the law, practice and procedure in the investigation of rape allegations, and support available for victims, victims are routinely blamed for their victimization. Only a very small number of perpetrators ever face prosecution, let alone conviction. This book aims to take stock of current thinking and research about rape and the way it is handled in practice within the criminal justice system, and to challenge some of the widely held but inaccurate beliefs about rape. It brings together leading researchers in the field from psychology, sociology and law, considering new research and presenting new data from a strong theoretical and contextual base. The main focus of the book is on adult victims of rape, with chapters exploring such issues as rape and the media, the use of alcohol and drugs in rape, police decision making on rape cases, conviction patterns in rape trials, and interviewing victims of rape and sexual assault.