Child Witnesses in Twentieth Century Australian Courtrooms

Child Witnesses in Twentieth Century Australian Courtrooms PDF Author: Robyn Blewer
Publisher: Springer Nature
ISBN: 3030697916
Category : Social Science
Languages : en
Pages : 270

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Book Description
This book considers the law, policy and procedure for child witnesses in Australian criminal courts across the twentieth century. It uses the stories and experiences of over 200 children, in many cases using their own words from press reports, to highlight how the relevant law was – or was not - applied throughout this period. The law was sympathetic to the plight of child witnesses and exhibited a significant degree of pragmatism to receive the evidence of children but was equally fearful of innocent men being wrongly convicted. The book highlights the impact ‘safeguards’ like corroboration and closed court rules had on the outcome of many cases and the extent to which fear – of children, of lies (or the truth) and of reform – influenced the criminal justice process. Over a century of children giving evidence in court it is `clear that the more things changed, the more they stayed the same’.

Child Witnesses in Twentieth Century Australian Courtrooms

Child Witnesses in Twentieth Century Australian Courtrooms PDF Author: Robyn Blewer
Publisher:
ISBN: 9783030697921
Category :
Languages : en
Pages : 0

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Book Description
This book considers the law, policy and procedure for child witnesses in Australian criminal courts across the twentieth century. It uses the stories and experiences of over 200 children, in many cases using their own words from press reports, to highlight how the relevant law was - or was not - applied throughout this period. The law was sympathetic to the plight of child witnesses and exhibited a significant degree of pragmatism to receive the evidence of children but was equally fearful of innocent men being wrongly convicted. The book highlights the impact 'safeguards' like corroboration and closed court rules had on the outcome of many cases and the extent to which fear - of children, of lies (or the truth) and of reform - influenced the criminal justice process. Over a century of children giving evidence in court it is `clear that the more things changed, the more they stayed the same'. Robyn Blewer is Lecturer at the Griffith University Law School in Queensland, Australia, and the Director of the Griffith University Innocence Project. She holds a Master of Criminology and Criminal Justice and completed her doctoral thesis as a member of the Australian Research Council's Laureate research project, 'The Prosecution Project'. .

History & Crime

History & Crime PDF Author: Thomas J. Kehoe
Publisher: Emerald Group Publishing
ISBN: 1801177007
Category : Social Science
Languages : en
Pages : 268

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Book Description
Revealing the cross utility potential of multiple disciplines to advance knowledge in crime studies, History & Crime showcases new research into crime from across the interdisciplinary perspectives of early modern and modern history, criminology, forensic psychology, and legal studies.

The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice

The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice PDF Author: Antje Deckert
Publisher: Springer
ISBN: 3319557475
Category : Social Science
Languages : en
Pages : 911

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Book Description
This handbook engages key debates in Australian and New Zealand criminology over the last 50 years. In six sections, containing 56 original chapters, leading researchers and practitioners investigate topics such as the history of criminology; crime and justice data; law reform; gangs; youth crime; violent, white collar and rural crime; cybercrime; terrorism; sentencing; Indigenous courts; child witnesses and children of prisoners; police complaints processes; gun laws; alcohol policies; and criminal profiling. Key sections highlight criminological theory and, crucially, Indigenous issues and perspectives on criminal justice. Contributors examine the implications of past and current trends in official data collection, crime policy, and academic investigation to build up an understanding of under-researched and emerging problem areas for future research. An authoritative and comprehensive text, this handbook constitutes a long-awaited and necessary resource for dedicated academics, public policy analysts, and university students.

International Perspectives on Child Abuse and Children's Testimony

International Perspectives on Child Abuse and Children's Testimony PDF Author: Bette L. Bottoms
Publisher: SAGE
ISBN: 0803956282
Category : Family & Relationships
Languages : en
Pages : 321

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Book Description
Child witnesses pose unique challenges to the legal system, and courtrooms are daunting and alien to children. Timely and truly international in scope, this volume focuses on the techniques and procedures used to accommodate child witnesses in legal systems in countries around the world and on the research investigating the effectiveness and implications of those techniques. Featuring the work of renowned scholars from the international psycholegal community, International Perspectives on Child Abuse and Children's Testimony not only provides support for all countries seeking to broaden their approach to child psychology and law but also promotes justice where child protection is virtually unknown. Special emphasis is given to techniques currently in use and under investigation in the United States as well as the U.S. applicability of techniques and procedures used in other countries. At a time when issues surrounding children's testimony are under close scrutiny, International Perspectives on Child Abuse and Children's Testimony provides outstanding findings and guidelines for researchers and practitioners in psychology, medicine, criminology/law, social policy, and social work as well as advanced students in these and related fields.

Interdisciplinary Feminist Perspectives on Crimes of Clerical Child Sexual Abuse

Interdisciplinary Feminist Perspectives on Crimes of Clerical Child Sexual Abuse PDF Author: Kate Gleeson
Publisher: Routledge
ISBN: 0429834853
Category : Family & Relationships
Languages : en
Pages : 173

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Book Description
In recent years the sexual abuse of children in religious institutions has gripped the Western world, as churches, governments and civil society attempt to come to terms with the magnitude of widespread historical abuses. Questions continue to be asked about why it is that perpetrators were able to offend repeatedly and with impunity; what is it about institutions that facilitate or foster abuse; and why have survivors of abuse often been treated inadequately by diverse national and international justice and political systems throughout the last century? This volume makes a significant contribution to international understandings of the vexed and sensitive ‘wicked problem’ of child sexual abuse in religious institutions. The chapters in this volume are written from a range of feminist disciplinary responses, including law, criminology, anthropology and history. Together, they provide important historical context for the current social and political interest in clerical sex crimes. They examine political and legal avenues for redress for survivors of these crimes and critically examine the ways in which church cultures position clergy and clergy offenders in relation to victims. The chapters originally published in a special issue of the Australian Feminist Law Journal.

Twentieth Century Forcible Child Transfers

Twentieth Century Forcible Child Transfers PDF Author: Ruth Amir
Publisher: Rowman & Littlefield
ISBN: 1498557341
Category : Political Science
Languages : en
Pages : 309

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Book Description
The current surge of displaced and trafficked children, child soldiers, and child refugees rekindles the virtually dead letter of the Genocide Convention prohibition on transferring children of one group to another. This book focuses on the gap between genocide as a legal term and genocidal forcible child transfer as a catastrophic experience that disrupts a group’s continuity. It probes the Genocide Convention’s boundaries and draws attention to the diverse, yet highly similar, patterns of forcible child transfers cases such as colonial genocide in the US, Canada, and Australia, Jewish-Yemeni immigrants in Israel, children of Republican parents during the Spanish Civil War and its aftermath, and Operation Peter Pan in Cuba. The analysis highlights the consequences of the under-inclusive protection granted only to four groups. Ruth Amir argues effectively for the need to add an Amending Protocol to the Genocide Convention to protect from forcible transfer to children of any identifiable group of persons perpetrated with the intent to destroy the group as such. This proposed provision together with Communications and Rapid Inquiry Procedures will highlight the gravity of forcible child transfers and contribute to the prevention and punishment of genocide.

Child Sexual Abuse Reported by Adult Survivors

Child Sexual Abuse Reported by Adult Survivors PDF Author: Sinéad Ring
Publisher: Taylor & Francis
ISBN: 0429886802
Category : History
Languages : en
Pages : 251

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Book Description
Child Sexual Abuse Reported by Adult Survivors is a wide-ranging and timely critical history and analysis of legal responses to ‘historical’ or ‘non-recent’ child sexual abuse (NRCSA) in England and Wales, Ireland and Australia, each of which represents an evolving and progressive approach to this important and complex issue. The book examines the emergence of NRCSA as a distinctive social, political and legal phenomenon in each country and explores the legal responses developed to address its unprecedented challenges. Courts and parliaments in each country have reformed existing doctrine and practice and have created new ways of holding state and private actors accountable and new ways of addressing survivors’ injuries. Criminal law, tort law, public inquiries and state reparations have all been to the forefront of these new legal responses, which have transformed law’s engagement with NRCSA survivors and understandings of justice itself. However, despite this undeniable progress, the book identifies ways in which the legal responses developed in each country fail to deliver accountability and recognition to NRCSA survivors and argues that such failures betray the law’s inherent ambivalence to delivering justice for these survivors. Creating new insights into legal responses to this complex contemporary legal, social and political problem, this book will be of great interest to academic lawyers, political scientists and historians, as well as those working on related topics in criminology, sociology, social policy, cultural studies and gender studies.

Secrecy, Law and Society

Secrecy, Law and Society PDF Author: Greg Martin
Publisher: Routledge
ISBN: 1317575156
Category : Law
Languages : en
Pages : 288

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Book Description
Commentators have shown how a ‘culture of security’ ushered in after the terrorist attacks of 11 September 2001 has involved exceptional legal measures and increased recourse to secrecy on the basis of protecting public safety and safeguarding national security. In this context, scholars have largely been preoccupied with the ways that increased security impinges upon civil liberties. While secrecy is justified on public interest grounds, there remains a tension between the need for secrecy and calls for openness, transparency and disclosure. In law, secrecy has implications for the separation of powers, due process, and the rule of law, raising fundamental concerns about open justice, procedural fairness and human rights. Beyond the counterterrorism and legal context, scholarly interest in secrecy has been concerned with the credibility of public and private institutions, as well as the legacies of secrecy across a range of institutional and cultural settings. By exploring the intersections between secrecy, law and society, this volume is a timely and critical intervention in secrecy debates traversing various fields of legal and social inquiry. It will be a useful resource for academic researchers, university teachers and students, as well as law practitioners and policymakers interested in the legal and socio-legal dimensions of secrecy.

English Law, the Legal Profession, and Colonialism

English Law, the Legal Profession, and Colonialism PDF Author: Cerian Griffiths
Publisher: Taylor & Francis
ISBN: 1000969231
Category : Law
Languages : en
Pages : 272

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Book Description
Modern legal history is increasingly interested in exploring the development of legal systems from novel and nuanced approaches. This edited collection harnesses the lesser-researched perspectives of the impact of global and imperial factors on the development of law. It is argued that to better understand these timely discussions, we must understand the process and significance of colonisation itself. The volume brings together experts in the field of law and history to explore the ways in which law and lawyers contributed to the expansion of the British Empire, and the ways in which the Empire influenced the Metropole. The book sheds new light on the role of the law and legal actors during the pivotal centuries that saw the establishment of the Empire. Exploring such topics as Atlantic relations, the impact of British jurists upon Indian law, and the development of the law settler colonies, this collection reveals some of the lesser-known intersections between law, history, and empire. The book will be of interest to students and researchers in legal history, comparative history, equity and trusts, contract law, the legal profession, slavery, and the British Empire.