The Adversarial Process And The Vulnerable Witness

Author : Louise Ellison
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198299097
Total Pages : 182 pages
Book Rating : 4.95/5 ( download)

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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.

Author : Jenny McEwan
Publisher : Hart Publishing
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.33/5 ( download)

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Download or read book Evidence & the Adversarial Process written by Jenny McEwan and published by Hart Publishing. This book was released on 1998-09-19 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide a self-contained but critical account of the manner in which cases are tried in England and Wales.

Author : Jenny Mcewan
Publisher : Wiley-Blackwell
ISBN 13 : 9780631183167
Total Pages : 336 pages
Book Rating : 4.67/5 ( download)

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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.

Author : Anne Cossins
Publisher : Springer Nature
ISBN 13 : 1137320516
Total Pages : 722 pages
Book Rating : 4.13/5 ( download)

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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.

Author : Kate Wilson
Publisher : Elsevier Health Sciences
ISBN 13 : 0702028290
Total Pages : 626 pages
Book Rating : 4.98/5 ( download)

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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.

Author : Jenny McEwan
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.73/5 ( download)

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Download or read book Evidence and the Adversarial Process written by Jenny McEwan and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : R A Duff
Publisher : Hart Publishing
ISBN 13 : 1841134422
Total Pages : 219 pages
Book Rating : 4.20/5 ( download)

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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.

Author : Theodore L. Kubicek
Publisher : Algora Publishing
ISBN 13 : 0875865283
Total Pages : 222 pages
Book Rating : 4.87/5 ( download)

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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.

Author : J R Spencer
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319556
Total Pages : 314 pages
Book Rating : 4.55/5 ( download)

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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.

Author : Henrique Carvalho
Publisher : Oxford University Press
ISBN 13 : 0198737858
Total Pages : 225 pages
Book Rating : 4.58/5 ( download)

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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: Through a theoretical examination of the preventive turn in criminal law and justice which has gained momentum in Anglo-American criminal justice systems since the late-twentieth century, this work demonstrates how recent transformations in criminal law and justice are intrinsically related to and embedded in the way liberal society and liberal law have been imagined, developed, and conditioned by its social, political, and historical context. Henrique Carvalho identifies a tension between the idea of punishment as an expression of individual justice, and prevention as a manifestation of the need for security and the promotion of welfare. Tracing this tension back to an intrinsic ambivalence within the modern conception of individual liberty, which is both repressed and preserved by liberal conceptions of responsibility and punishment, Carvalho proves that as long as this ambivalence remains unexamined, liberal law has the potential to both promote and undermine individual justice. Engaging with the dominant contemporary literature on criminal law, prevention, risk, security, and criminalisation, this volume deploys a theoretical perspective developed through a critical analysis of both classical and contemporary works of social and political theory. The book reveals that the pervasiveness of prevention in 21st century criminal justice systems represents not only the consequence of new and unprecedented features of contemporary politics and society, but also the manifestation of essential aspects of the liberal legal and political tradition --Front flap of book.