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Author: Louise Ellison
Publisher: Oxford University Press on Demand
ISBN: 9780198299097
Category : Law
Languages : en
Pages : 182
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Book Description
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: Louise Ellison
Publisher: Oxford University Press on Demand
ISBN: 9780198299097
Category : Law
Languages : en
Pages : 182
Get Book Here
Book Description
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: Liz Heffernan
Publisher: Bloomsbury Publishing
ISBN: 1526511487
Category : Law
Languages : en
Pages : 1071
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Book Description
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.
Author: Elaine Craig
Publisher: McGill-Queen's Press - MQUP
ISBN: 0773553010
Category : Law
Languages : en
Pages : 320
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Book Description
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.
Author: R A Duff
Publisher: Hart Publishing
ISBN: 1841134422
Category : Law
Languages : en
Pages : 219
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Book Description
This book is questions whether the discovery of truth is the central aim of the rules and practices of criminal investigation and trial.
Author: J R Spencer
Publisher: Bloomsbury Publishing
ISBN: 1847319556
Category : Law
Languages : en
Pages : 314
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Book Description
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: 0198737858
Category : Law
Languages : en
Pages : 225
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Book Description
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.
Author: Celia Wells
Publisher: Oxford University Press, USA
ISBN: 9780199246199
Category : Law
Languages : en
Pages : 228
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Book Description
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.
Author: Kate Wilson
Publisher: Elsevier Health Sciences
ISBN: 0702028290
Category : Medical
Languages : en
Pages : 626
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Book Description
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: Michael King
Publisher: Federation Press
ISBN: 1760020222
Category : Law
Languages : en
Pages : 353
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Book Description
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.
Author: Ian Freckelton QC
Publisher:
ISBN: 9780191063381
Category :
Languages : en
Pages : 289
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Book Description
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.
