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Covers the Code of Practice for victims of Crime.
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.
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.
Confidentiality and record keeping are essential aspects of everyday counselling practice. This book introduces you to the law, ethics, guidance and policy relevant to counselling records and confidentiality, using examples from practice to apply this to a wide range of counselling situations and dilemmas. This edition is fully updated to cover recent developments in guidance, professional ethics, policy and law, including new chapters on GDPR and data protection law and online and telephone counselling practice. With an extensive glossary, checklists and useful legal and other resources, this is an essential resource for trainees and practitioners in the helping professions.
Addresses key problems and dilemmas in working to protect vulnerable adults - such as the elderly or those with physical disabiities - from abuse, and to support those who have already experienced abuse or neglect. Contributors make practical suggestions for working with both victims and abusers.
Whilst there may be universal agreement that 'something must be done' about child abuse, there is much less clarity about what qualifies as child abuse and what should be done about it. Policy makers often invoke the law at times of crisis which are seen to demand a societal response. The presence of legislation on the statute book or the creation of rules and protocols which professionals must follow is one socially acceptable sign that the problem has been recognised and that an effective response has been implemented. In the last two decades of the twentieth century, the numerous controversies about the response of public agencies and the courts to allegations of child abuse, as well as campaigns to reform the treatment of child witnesses in adversarial trial systems, provided the impetus for legal reform in both criminal and civil proceedings in England and Wales. These legal initiatives were ad hoc responses to specific problems, and not part of a coherent and integrated programme of reform across the criminal and civil systems. Legislators and the courts in family, criminal, and tort proceedings have constructed different liability and evidential rules in parallel rather than in tandem with the other courts adjudicating the same issues, and often regarding the same child. Similarly reforms in other common law jurisdictions have often been only partially understood by lawmakers in England and Wales. This book looks across the legal and geographical boundaries within which the legal discussion of child abuse is usually confined. It considers the themes and policy considerations driving each form of legal response to the problem of child abuse. It also provides a detailed discussion of the law governing the trial of allegations of child abuse in the key areas of family, criminal and tort law in English law, and compares this with the approaches in other common law jurisdictions using the adversarial mode of trial, in particular in Canada, theUnited States, New Zealand and Australia. In its breadth and depth, Child Abuse Law and Policy Across Boundaries marks a significant contribution to the rapidly evolving field of child protection law.
Good Practice in Safeguarding Adults provides an up to date and topical overview of developments in policy, guidance, legislation and practice in the area of adult protection. The book aims to broaden thinking about adult abuse, assesses alternative models of practice such as criminal justice and welfare, and covers groups who may be overlooked, such as people with brain injuries, older prisoners and adults within the black and minority ethnic communities. Issues covered include domestic violence and honour-based crime, abuse in institutions, financial abuse, and risk assessment in adult protection. The book is illustrated throughout with case studies, and also gives a voice to the victims of adult abuse who can be forgotten in a working environment that emphasises target performance, indicators, standards, star ratings, paperwork and correct use of terminology. This book will be essential reading for anyone working with vulnerable adults, including social workers, care managers, care workers, health care staff, police, probation officers, staff within the prison system, advocates, volunteers, training officers and students.
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.
We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges that assumption. Drawing on feminist and disability perspectives he argues that we are all in fact, 'vulnerable' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognizes our interdependence and mutuality. At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic for those who are deemed 'vulnerable'. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. This development of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it. Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as 'the elderly' or 'the disabled' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.