Download or read book Vulnerable Witness written by and published by University of California Press. This book was released on 2019-07-02 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars and practitioners who witness violence and loss in human, animal, and ecological contexts are expected to have no emotional connection to the subjects they study. Yet is this possible? Following feminist traditions, Vulnerable Witness centers the researcher and challenges readers to reflect on how grieving is part of the research process and, by extension, is a political act. Through thirteen reflective essays the book theorizes the role of grief in the doing of research—from methodological choices, fieldwork and analysis, engagement with individuals, and places of study to the manner in which scholars write and talk about their subjects. Combining personal stories from early career scholars, advocates, and senior faculty, the book shares a breadth of emotional engagement at various career stages and explores the transformative possibilities that emerge from being enmeshed with one's own research.
Download or read book Vulnerable Witnesses within Family and Criminal Proceedings written by Frank Feehan KC and published by Bloomsbury Publishing. This book was released on 2019-08-05 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: "...the book fully justifies its title and will earn a well-thumbed place on the bookshelves, not only of children's lawyers, but also of children's guardians and intermediaries who need to understand how the court can, or cannot, assist the vulnerable to give evidence..." Seen and Heard Are you prepared to protect the vulnerable in court? This book guides you through the rights of witnesses and the duties of advocates in family and criminal proceedings. Explaining the legal structure currently in place to assist vulnerable individuals, this title covers every stage of proceedings, including the investigation/pre-proceeding, and post-proceedings, 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. Practical help is provided through: Step-by-step guidance at each stage Helpful suggestions as to how to approach the hearing at each stage of proceedings Links to the useful guidance regularly referred to within proceedings including the Advocates Gateway
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 Shielding Victims of War Crimes and Other Vulnerable Witnesses in Practice of International and Hybrid Courts written by Anna ADAMSKA - GALLANT and published by Gallant Publishing. This book was released on 2024-06-21 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the evolution of victim treatment in international criminal proceedings, this study highlights the shift from a documentary evidence-based approach to one prioritizing direct witness testimonies and a victim-centered perspective. It reveals how modern international and hybrid courts adapt to better understand and address victims' needs, especially those of vulnerable witnesses. Through qualitative methodology, including historical analysis, legal document review, and comparative analysis, the study examines key legal instruments, court rulings, and scholarly commentary. Distinguishing itself by integrating the author's firsthand experience as an international judge, it offers unique insights into the practical application of these principles. This blend of practical and academic perspectives provides a comprehensive understanding of the legal and practical aspects of victim treatment, making this study an invaluable resource for both scholars and practitioners in the field.
Download or read book Children as Victims Witnesses and Offenders written by Bette L. Bottoms and published by Guilford Press. This book was released on 2009-08-10 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Grounded in the latest clinical and developmental knowledge, this book brings together leading authorities to examine the critical issues that arise when children and adolescents become involved in the justice system. Chapters explore young people’s capacities, competencies, and special vulnerabilities as victims, witnesses, and defendants. Key topics include the reliability of children’s abuse disclosures, eyewitness testimony, interviews, and confessions; the evolving role of the expert witness; the psychological impact of trauma and of legal involvement; factors that shape jurors’ perceptions of children; and what works in rehabilitating juvenile offenders. Policies and practices that are not supported by science are identified, and approaches to improving them are discussed.
Download or read book Vulnerable People and the Criminal Justice System written by Penny Cooper and published by Oxford University Press, USA. This book was released on 2017-07-27 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last 25 years there has been a growing recognition that the way in which cases involving the vulnerable are investigated, charged and tried needs to change. Successive judgments of the Court of Appeal have re-enforced the message that advocates and judges have a duty to ensure vulnerable witnesses and defendants are treated fairly and allowed to participate effectively in the process. How do practitioners recognise who is or may be vulnerable? How should that person be interviewed? What account should police and the CPS take of a defendant's vulnerabilities? How should advocates adjust their questioning of vulnerable witnesses and defendants whilst still complying with their duties to their client? How should judges manage a trial to ensure the effective participation of vulnerable witnesses and defendants? Vulnerable People and the Criminal Justice System, written by leading experts in the field, gathers together for the first time answers to these questions and many more. It provides a practical, informative and thought-provoking guide to recognising, assessing and responding to vulnerability in witnesses and defendants at each stage of the criminal process. Backed by authoritative research and first-hand experience and drawing on recent case law, this book enables practitioners to deal with cases involving vulnerable people with calmness, authority, and confidence.
Download or read book Vulnerable Adult and Child Witnesses written by Kevin Smith and published by Blackstone Press. This book was released on 2007 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covers the Code of Practice for victims of Crime.
Download or read book Attorney General Guidelines for Victim and Witness Assistance written by U.s. Department of Justice and published by Createspace Independent Publishing Platform. This book was released on 2012-06-06 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Attorney General of the United States and the U.S. Department of Justice Office for Victims of Crime strive to pursue justice for criminal acts and that pursuit includes justice for the victims of and witnesses to crime. The 2011 Edition of the Attorney General Guidelines for Victim and Witness Assistance reflects current statutory provisions, recognizes the technological and legal changes that have taken place since the previous Guidelines were promulgated, and incorporates best practices that will benefit victims and enhance investigations and prosecutions.
Download or read book Exploring Vulnerability in the Criminal Justice System in England and Wales written by Laura Farrugia and published by Taylor & Francis. This book was released on 2024-08-01 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comparative analysis of both vulnerable witnesses and vulnerable suspects, this book discusses the increasingly difficult issue faced by many in modern policing, forensic psychology, criminology, and social justice studies. Examining recent legislation, guidance, current psychological theory, and contemporary research and literature, the book enhances the currently limited knowledge of vulnerability in the criminal justice system (CJS) through the presentation of theoretical understanding, case law and real-life case studies. It also explores how vulnerable victims, witnesses, and suspects progress through the system in England and Wales from initially being identified as vulnerable through to the measures used to assist them during interviews and at trial. In doing so, it provides a historical overview of how vulnerability has previously been considered, and how effective those with vulnerabilities were perceived to be in actively participating in the CJS. Further chapters consider how vulnerable individuals are safeguarded, the differences in services available to them, and what this may lead to in terms of effective participation in the system. How vulnerable groups are interviewed, what is considered best practice, and whether such practices are suitable also come under scrutiny. Exploring Vulnerability in the Criminal Justice System in England and Wales is important reading for students and scholars of policing, forensic psychology, criminology, and social justice studies. It will also be of use for any organisations that conduct internal investigations such as non-government organizations, security and defence organisations, and corporate organizations.
Download or read book The Vulnerable Heart of Literacy written by Elizabeth Dutro and published by Teachers College Press. This book was released on 2019 with total page 145 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is trauma and what does it mean for the literacy curriculum? In this book, elementary teachers will learn how to approach difficult experiences through the everyday instruction and interactions in their classrooms. Readers will look inside classrooms and literacies across genres to see what can unfold when teachers are committed to compassionate, critical, and relational practice. Weaving her own challenging experiences into chapters brimming with children’s writing and voices, Dutro emphasizes that issues of power and privilege matter centrally to how attention to trauma positions children. The book includes questions and prompts for discussion, reflection, and practice and describes pedagogies and strategies designed to provide opportunities for children to bring the varied experiences of life, including trauma, to their school literacies in positive, meaningful, and supported ways. “This stunning book about trauma interrogates the very notion. Dutro excels at interweaving her stories with those of teachers and students and at challenging readers to find their way into the fabric. I recommend this book to teachers so that they might accept her challenge to explore and understand the importance of both witnessing and testimony in relation to trauma in literacy curriculum and pedagogy.” —Mollie Blackburn, The Ohio State University
Download or read book Vulnerable Witnesses Scotland Act 2004 written by Sharp Laura Sharp and published by Edinburgh University Press. This book was released on 2013-02-08 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Vulnerable Witnesses (Scotland) Act 2004 amends the Criminal Procedure (Scotland) Act 1995 for criminal cases. It creates a similar regime for civil cases, so that vulnerability of witnesses is considered, and measures are taken to support vulnerable witnesses to give evidence effectively. This book contains the Act's main provisions together with commentary to help you to understand it fully. Informed by the authors' experience of vulnerable witnesses in practice, the book provides an essential reference for lawyers, law students, those who lead or hear witness in court and other professionals dealing with young people and adults who may be vulnerable as potential witnesses.
Download or read book Making Decisions Judicially written by Godfrey Cole and published by Bloomsbury Publishing. This book was released on 2023-01-12 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions. The authors (all of whom have extensive judicial and quasi-judicial experience) instruct the readers on the skills required at each stage of a hearing, including: - ensuring there is a fair hearing process; - standards and conduct of decision-makers; - successful communication; - taking into account the needs of vulnerable participants and litigants in person; - case management; - assessing evidence; and - the process of reaching and then delivering a well-structured decision. The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Buy this book and you will have the confidence you need to make great decisions.
Download or read book Law Responsibility and Vulnerability written by James Gallen and published by Routledge. This book was released on 2021-09-30 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups. Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action. This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
Download or read book Sociolinguistics and the Legal Process written by Diana Eades and published by Multilingual Matters. This book was released on 2010-04-06 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sociolinguistics and the Legal Process is an introduction to language, law and society for advanced undergraduate and postgraduate students. Its central focus is the exploration of what sociolinguistic research can tell us about how language works and doesn’t work in the legal process. Written for readers who may not have prior knowledge of sociolinguistics or the law, the book has an accessible style combined with discussion questions and exercises as well as topics for assignments, term papers, theses and dissertations. A wide range of legal contexts are investigated, including courtroom hearings, police interviews, lawyer interviews as well as small claims courts, mediation, youth justice conferencing and indigenous courts. The final chapter looks at how sociolinguists can contribute to the legal process: as expert witnesses, through legal education, and through investigating the role of language in the perpetuation of inequality in and through the legal process.
Download or read book Traumatised Witnesses in International Criminal Trials written by Suzanne Schot and published by Taylor & Francis. This book was released on 2024-02-13 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on the testimonial evidence of traumatised witnesses in trials of international crimes, which deal with acts of genocide, war crimes and crimes against humanity. Such trials often involve the testimonies of those who experienced or witnessed extremely traumatic events, which can make it hard for these witnesses to recall specific details. Testifying during trial may in itself also pose challenges to their well-being. Yet the legal process of determining whether someone can be held criminally responsible for the alleged crimes needs to be fair, in accordance with the right to a fair trial of the accused, and the facts need to be determined as accurately as possible. This book argues that to ensure fair and accurate fact-finding when in particular traumatised witnesses testify, a balance needs to be struck between the needs of witnesses who testify about traumatic experiences, the fair trial rights of the accused and the objective of the court to establish as accurately as possible the responsibility of the accused. This is crucial throughout the stages of selecting, preparing, presenting and assessing the testimonial evidence of traumatised witnesses. The methodology involves an analysis of transcripts of proceedings and case law of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Court and Dutch courts prosecuting international crimes. The research demonstrates that it is often difficult to strike a balance between the competing objectives during proceedings when traumatised witnesses testify due to the current lack of regulations and guidelines applicable during investigations and prosecutions. This book shows that this balance can, and should, be achieved when traumatised witnesses testify during criminal proceedings for international crimes. The work is an invaluable resource for researchers, academics and practitioners in criminal law, criminology, legal psychology, legal psychiatry, social anthropology and forensic sciences.
Download or read book Avizandum Statutes on Scots Family Law written by Jane Mair and published by Edinburgh University Press. This book was released on with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: Avizandum Statutes on Scots Family Law: A Practitioner’s Handbook provides the family law practitioner with a handy portable compendium of all the relevant primary and secondary legislation Avizandum Statutes on Scots Family Law contain a comprehensive selection of the main legislative provisions relating to child law and adult domestic relations. All materials are reproduced in updated form. This well-established volume has now been adapted for practitioner use and includes the principal Rules of Court regulating family law actions. Key contents include: Family Law (Scotland) Acts 1985 and 2006 Children (Scotland) Act 1995 Civil Partnership Act 2004 and 2020 Adoption and Children (Scotland) Act 2007 Children’s Hearings (Scotland) Act 2011 Children and Young People (Scotland) Act 2014 UNCRC (Incorporation) (Scotland) Act 2024 Sheriff Court Adoption Rules 2009 Child Care and Maintenance Rules 1997 Children’s Hearings Rules 2013 This edition incorporates the new UNCRC (Incorporation) (Scotland) Act 2024.
Download or read book The Modern Law of Evidence written by Adrian Keane and published by Oxford University Press. This book was released on 2022 with total page 879 pages. Available in PDF, EPUB and Kindle. Book excerpt: An indispensable guide for students studying the contemporary law of evidence. The fourteenth edition examines the theory behind the law, as well as its practical application, with emphasis on current debates.
