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Scholars and practitioners who witness violence and loss in human, animal, and ecological contexts are expected to have no emotional connection to the subjects they study. Yet is this possible? Following feminist traditions, Vulnerable Witness centers the researcher and challenges readers to reflect on how grieving is part of the research process and, by extension, is a political act. Through thirteen reflective essays the book theorizes the role of grief in the doing of research—from methodological choices, fieldwork and analysis, engagement with individuals, and places of study to the manner in which scholars write and talk about their subjects. Combining personal stories from early career scholars, advocates, and senior faculty, the book shares a breadth of emotional engagement at various career stages and explores the transformative possibilities that emerge from being enmeshed with one's own research.
"...the book fully justifies its title and will earn a well-thumbed place on the bookshelves, not only of children's lawyers, but also of children's guardians and intermediaries who need to understand how the court can, or cannot, assist the vulnerable to give evidence..." Seen and Heard Are you prepared to protect the vulnerable in court? This book guides you through the rights of witnesses and the duties of advocates in family and criminal proceedings. Explaining the legal structure currently in place to assist vulnerable individuals, this title covers every stage of proceedings, including the investigation/pre-proceeding, and post-proceedings, whilst also looking at anonymity and protective orders. In addition, it discusses the sanctions available to the court if proper consideration and sufficient protection has not been given to vulnerable people at each stage. Covering legislation, regulation and authorities which govern these situations, it offers best practice regarding the examination of those who have difficulty understanding their case, by reason of age, circumstance or emotional and psychological difficulties. Practical help is provided through: Step-by-step guidance at each stage Helpful suggestions as to how to approach the hearing at each stage of proceedings Links to the useful guidance regularly referred to within proceedings including the Advocates Gateway
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.
Exploring the evolution of victim treatment in international criminal proceedings, this study highlights the shift from a documentary evidence-based approach to one prioritizing direct witness testimonies and a victim-centered perspective. It reveals how modern international and hybrid courts adapt to better understand and address victims' needs, especially those of vulnerable witnesses. Through qualitative methodology, including historical analysis, legal document review, and comparative analysis, the study examines key legal instruments, court rulings, and scholarly commentary. Distinguishing itself by integrating the author's firsthand experience as an international judge, it offers unique insights into the practical application of these principles. This blend of practical and academic perspectives provides a comprehensive understanding of the legal and practical aspects of victim treatment, making this study an invaluable resource for both scholars and practitioners in the field.
Over the last 25 years there has been a growing recognition that the way in which cases involving the vulnerable are investigated, charged and tried needs to change. Successive judgments of the Court of Appeal have re-enforced the message that advocates and judges have a duty to ensure vulnerable witnesses and defendants are treated fairly and allowed to participate effectively in the process. How do practitioners recognise who is or may be vulnerable? How should that person be interviewed? What account should police and the CPS take of a defendant's vulnerabilities? How should advocates adjust their questioning of vulnerable witnesses and defendants whilst still complying with their duties to their client? How should judges manage a trial to ensure the effective participation of vulnerable witnesses and defendants? Vulnerable People and the Criminal Justice System, written by leading experts in the field, gathers together for the first time answers to these questions and many more. It provides a practical, informative and thought-provoking guide to recognising, assessing and responding to vulnerability in witnesses and defendants at each stage of the criminal process. Backed by authoritative research and first-hand experience and drawing on recent case law, this book enables practitioners to deal with cases involving vulnerable people with calmness, authority, and confidence.
Covers the Code of Practice for victims of Crime.
The Attorney General of the United States and the U.S. Department of Justice Office for Victims of Crime strive to pursue justice for criminal acts and that pursuit includes justice for the victims of and witnesses to crime. The 2011 Edition of the Attorney General Guidelines for Victim and Witness Assistance reflects current statutory provisions, recognizes the technological and legal changes that have taken place since the previous Guidelines were promulgated, and incorporates best practices that will benefit victims and enhance investigations and prosecutions.
What is trauma and what does it mean for the literacy curriculum? In this book, elementary teachers will learn how to approach difficult experiences through the everyday instruction and interactions in their classrooms. Readers will look inside classrooms and literacies across genres to see what can unfold when teachers are committed to compassionate, critical, and relational practice. Weaving her own challenging experiences into chapters brimming with children’s writing and voices, Dutro emphasizes that issues of power and privilege matter centrally to how attention to trauma positions children. The book includes questions and prompts for discussion, reflection, and practice and describes pedagogies and strategies designed to provide opportunities for children to bring the varied experiences of life, including trauma, to their school literacies in positive, meaningful, and supported ways. “This stunning book about trauma interrogates the very notion. Dutro excels at interweaving her stories with those of teachers and students and at challenging readers to find their way into the fabric. I recommend this book to teachers so that they might accept her challenge to explore and understand the importance of both witnessing and testimony in relation to trauma in literacy curriculum and pedagogy.” —Mollie Blackburn, The Ohio State University
Providing a comparative analysis of both vulnerable witnesses and vulnerable suspects, this book discusses the increasingly difficult issue faced by many in modern policing, forensic psychology, criminology, and social justice studies. Examining recent legislation, guidance, current psychological theory, and contemporary research and literature, the book enhances the currently limited knowledge of vulnerability in the criminal justice system (CJS) through the presentation of theoretical understanding, case law and real-life case studies. It also explores how vulnerable victims, witnesses, and suspects progress through the system in England and Wales from initially being identified as vulnerable through to the measures used to assist them during interviews and at trial. In doing so, it provides a historical overview of how vulnerability has previously been considered, and how effective those with vulnerabilities were perceived to be in actively participating in the CJS. Further chapters consider how vulnerable individuals are safeguarded, the differences in services available to them, and what this may lead to in terms of effective participation in the system. How vulnerable groups are interviewed, what is considered best practice, and whether such practices are suitable also come under scrutiny. Exploring Vulnerability in the Criminal Justice System in England and Wales is important reading for students and scholars of policing, forensic psychology, criminology, and social justice studies. It will also be of use for any organisations that conduct internal investigations such as non-government organizations, security and defence organisations, and corporate organizations.
The Vulnerable Witnesses (Scotland) Act 2004 amends the Criminal Procedure (Scotland) Act 1995 for criminal cases. It creates a similar regime for civil cases, so that vulnerability of witnesses is considered, and measures are taken to support vulnerable witnesses to give evidence effectively. This book contains the Act's main provisions together with commentary to help you to understand it fully. Informed by the authors' experience of vulnerable witnesses in practice, the book provides an essential reference for lawyers, law students, those who lead or hear witness in court and other professionals dealing with young people and adults who may be vulnerable as potential witnesses.