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Author: Natalie Taylor
Publisher: National Gallery of Australia
ISBN: 9780642538925
Category : Closed-circuit television in courtroom proceedings
Languages : en
Pages : 108
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Book Description
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".
Author: Natalie Taylor
Publisher: National Gallery of Australia
ISBN: 9780642538925
Category : Closed-circuit television in courtroom proceedings
Languages : en
Pages : 108
Get Book Here
Book Description
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".
Author: Anne Cossins
Publisher: Springer Nature
ISBN: 1137320516
Category : Social Science
Languages : en
Pages : 722
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Book Description
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: Kirsty Duncanson
Publisher: Routledge
ISBN: 0429594798
Category : Architecture
Languages : en
Pages : 174
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Book Description
This collection interrogates relationships between court architecture and social justice, from consultation and design to the impact of material (and immaterial) forms on court users, through the lenses of architecture, law, socio-legal studies, criminology, anthropology, and a former senior federal judge. International multidisciplinary collaborations and single-author contributions traverse a range of methodological approaches to present new insights into the relationship between architecture, design, and justice. These include praxis, photography, reflections on process and decolonising practice, postcolonial, feminist, and poststructural analysis, and theory from critical legal scholarship, political science, criminology, literature, sociology, and architecture. While the opening contributions reflect on establishing design principles and architectural methodologies for ethical consultation and collaboration with communities historically marginalised and exploited by law, the central chapters explore the textures and affects of built forms and the spaces between; examining the disjuncture between design intention and use; and investigating the impact of architecture and the design of space. The collection finishes with contemplations of the very real significance of material presence or absence in courtroom spaces and what this might mean for justice. Courthouse Architecture, Design and Social Justice provides tools for those engaged in creating, and reflecting on, ethical design and building use, and deepens the dialogue across disciplinary boundaries towards further collaborative work in the field. It also exists as a new resource for research and teaching, facilitating undergraduate critical thought about the ways in which design enhances and restricts access to justice.
Author: Nicola Monaghan
Publisher: Taylor & Francis
ISBN: 104008690X
Category : Law
Languages : en
Pages : 226
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Book Description
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.
Author: Leif Dahlberg
Publisher: Routledge
ISBN: 1317396537
Category : Law
Languages : en
Pages : 333
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Book Description
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.
Author: Malcolm Coulthard
Publisher: Routledge
ISBN: 113699873X
Category : Foreign Language Study
Languages : en
Pages : 702
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Book Description
Forensic linguistics is the study of language and the law, covering topics from legal language and courtroom discourse to plagiarism. This book deals with the ideas, debates, topics, approaches and methodologies in forensic linguistics. It is suitable for undergraduates and postgraduates
Author: David Freeman Engstrom
Publisher: Cambridge University Press
ISBN: 1009255355
Category : Law
Languages : en
Pages : 417
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Book Description
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.
Author: Andy Griffiths
Publisher: Routledge
ISBN: 1317267354
Category : Psychology
Languages : en
Pages : 336
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Book Description
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.
Author: Rebecca K. Helm
Publisher: Oxford University Press
ISBN: 0192671650
Category : Law
Languages : en
Pages : 241
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Book Description
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.
Author: Miranda A. H. Horvath
Publisher: Routledge
ISBN: 1134026463
Category : Social Science
Languages : en
Pages : 373
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Book Description
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.
