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Rape Trials in England and Wales by Olivia Smith Pdf
In light of ongoing concerns about the treatment of survivors, Rape Trials in England and Wales critically examines court responses to rape and sexual assault. Using new data from an in-depth observational study of rape trials, this book asks why attempts to improve survivor experiences at court have not been fully effective. In doing so, Smith identifies deep-rooted barriers to survivor justice and, crucially, introduces potential avenues for more effective reform. This book provides a comprehensive examination of the practicalities of court, use of rape myths and sexual history evidence, underlying principles of adversarial justice and the impact of inequalities embedded within English and Welsh legal culture. This engaging and highly significant study is essential reading for anyone seeking to understand the criminal courts and their responses to rape, including practitioners and students of criminology, sociology, and law.
Sexual History Evidence in Rape Trials by Charlotte Herriott Pdf
This book provides an in-depth examination of current, high-profile debates about the use of sexual history evidence in rape trials and its impact on jurors. In doing so, it presents findings of the first mock jury dataset in England and Wales to explore how jurors interpret, discuss, and rely upon such evidence within their deliberations. Drawing on both qualitative and quantitative insights from the 18 mock jury panels, the book highlights the complex, nuanced and intersectional impact of sexual history evidence within the deliberative ideal. Indeed, findings exemplified routine and ongoing prejudicial framings of sexual history amongst jurors, and frequent endorsement of rape myths that served to mistakenly infer relevance and undermine the perceived credibility of the complainant. The findings discussed within this book are therefore key to addressing the current knowledge gap around the impact of sexual history evidence and are embedded within broader discussions about evidential legitimacy in rape trials. The book draws on good practice observed in other jurisdictions to makes numerous recommendations for change. Aiming to inform academic, policy, and legislative discussions in this area, Sexual History Evidence in Rape Trials will be of great interest to students and scholars of Criminal Law and Criminology, as well as policy makers and legal practitioners. The Open Access version of this book, available at www.taylor francis.com, has been made available under a Creative Commons Attribution- Non Commercial- No Derivatives 4.0 license.
Sexual History Evidence And The Rape Trial by Joanne Conaghan,Yvette Russell Pdf
The use of a rape victim’s sexual history as evidence attracted intense public attention after the acquittal of footballer Ched Evans in 2017. Set within the context of a criminal justice system widely perceived to be failing rape victims, the use of sexual history evidence remains a flashpoint of contention around rape law reform. This accessible book mounts an important interrogation into the use of a victim’s sexual history as evidence in rape trials. Adopting a critical multidisciplinary perspective underpinned by feminist theory, the authors explore the role and significance of sexual history evidence in criminal justice responses to rape.
This book provides a timely analysis of the use of cultural narratives and narratives of credibility in rape trials in England and Wales, drawing on court observation methods. It draws on data from rape and sexual assault trials in 2019 which is used to examine the current status of newly emerging issues such as the use of digital evidence and the impacts of increasing policy attention on rape trials. Drawing on the concept of master narratives, the book provides an examination of rape myths and broader cultural narratives focussing on the intersections of gender and class and it also touches on the intersections of age, (dis)ability and mental health. It emphasizes the importance of situating rape myth debates and sexual violence research within a broader cultural context and thus argues for widening the lens with which rape myths in the courtroom, as well as in the wider criminal justice system, are viewed in research and contemporary debates. The findings presented in this book will help further discussion at a critical time by enabling scholars, as well as practitioners and policymakers, to better understand the current mechanisms that serve to undermine and retraumatise victim-survivors in the courtroom. It seeks to inform further research as well as positive changes to policy and practice.
Contemporary Challenges in the Jury System by Nicola Monaghan Pdf
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.
Coercive Control and the Criminal Law by Cassandra Wiener Pdf
This book considers how a phenomenon as complex as coercive control can be criminalised. The recognition and ensuing criminalisation of coercive control in the UK and Ireland has been the focus of considerable international attention. It has generated complex questions about the "best" way to criminalise domestic abuse. This work reviews recent domestic abuse criminal law reform in the UK and Ireland. In particular, it defines coercive control and explains why using traditional criminal law approaches to prosecute it does not work. Laws passed in England and Wales versus Scotland represent two different approaches to translating coercive control into a criminal offence. This volume explains how and why the jurisdictions have taken different approaches and examines the advantages and disadvantages of each. As jurisdictions around the world review what steps need to be taken to improve national criminal justice responses to domestic abuse, the question of what works, and why, at the intersection of domestic abuse and the criminal law has never been more important. As such, the book will be a vital resource for lawyers, policy-makers and activists with an interest in domestic abuse law reform.
Adversarial Justice and Victims' Rights by Mary Iliadis Pdf
Adversarial Justice and Victims’ Rights explores the extent to which reforms that offer victims enhanced rights to information and participation across England and Wales, Ireland and South Australia can address sexual assault victims’ procedural and substantive justice concerns. The rights, status and treatment of sexual assault victims has emerged as a significant 21st-century concern, occupying the forefront of legal commentary on international policy agendas. Informed by the voices of 26 high-level criminal justice professionals, legal stakeholders and victim support workers, and a quantitative dataset, this book considers whether legal representation can address some of the problems of the prosecution process for sexual assault victims in Victoria and, indeed, in other adversarial jurisdictions that employ similar legislative frameworks. While acknowledging the value of victim-focused reforms, the book contends that cultural changes to the ways in which sexual assault victims are perceived and treated are necessary in order to improve victims’ experiences of the legal process. Reconceptualising the role of sexual assault victims from ‘witnesses’ to ‘participants’ will also increase the likelihood that victims’ rights and interests will be considered alongside those of the state and the accused. Situating its findings within broader debates about the role, rights and treatment of sexual assault victims in adversarial justice systems, the book outlines prospects for the transfer of policy and practice between jurisdictions. Adversarial Justice and Victims’ Rights will be of great interest to academic and policy stakeholders engaged in criminology, law and socio-legal studies, as well as students researching sexual violence and victims’ access to justice.
Forensic Psychology by David A. Crighton,Graham J. Towl Pdf
FORENSIC PSYCHOLOGY Explore the theory, research, and practice of forensic psychology with this collection of resources from recognized leaders in the field The newly revised Third Edition of Forensic Psychology delivers insightful coverage of the theory and applications of forensic psychology. The book combines authoritative scholarship with an unprecedented breadth of international coverage and constitutes an essential resource for all aspects of contemporary forensic and criminal psychology. The new edition addresses issues of equality, diversity, and inclusion in each section, as well as the uses and abuses of power in forensic contexts. The book takes a constructively critical approach to the dominant theories, policy, and practices of today, as opposed to being merely descriptive, and considers new and developing areas, like the prevention of sexual violence at universities. Forensic Psychology comprehensively addresses the application of modern forensic techniques and practices to the civil and criminal justice systems in the United Kingdom. Each chapter concludes with some specific suggestions for further reading. Additionally, readers will enjoy the inclusion of a wide variety of topics, like: A thorough discussion of investigative and clinical practice, including the politics of forensic psychology, offender profiling, eyewitness testimony, and jury decision making An examination of clinical and risk assessments, including reviews of the key legal issues and principles involved in risk assessments, the role of structured instruments and protocols, and coverage of actuarial and structured clinical methods Discussions of working with criminalized populations in prisons and forensic mental health facilities A treatment of psychology in the courts with an emphasis on the courts of England and Wales Perfect for graduate level students in forensic psychology courses, Forensic Psychology will also earn a place in the libraries of qualified forensic psychologist practitioners and postgraduate students seeking to improve their understanding of forensic psychology with a high-quality international textbook underpinned by considerations of human rights and ethical standards.
Sexual Violence on Trial by Rachel Killean,Eithne Dowds,Anne-Marie McAlinden Pdf
Sexual Violence on Trial provides a contemporary critical examination of the investigation, prosecution and cultural contexts of sexual violence. It draws on Northern Ireland as a case study, while also drawing on experiences from other jurisdictions across the United Kingdom and island of Ireland. Public and academic debates concerning the high-profile ‘Belfast/Rugby Rape Trial’ and the subsequent Gillen review of the arrangements to deliver justice in serious sexual offence cases have been mirrored at a global level with movements such as #MeToo and #TimesUp. This book brings together the perspectives of practitioners and academics to discuss contemporary challenges surrounding the societal and legal framing of sexual violence. It examines key aspects of the criminal justice process including the challenges of supporting victims; of responding to a range of forms of sexual violence such as rape, peer abuse, intimate partner violence and forced-to-penetrate cases; as well as alternative perspectives and future reforms. It also considers broader debates including balancing the interests of victims and defendants; the impact of cultural myths and stereotypes; the challenges of the digital age; models of consent; legal representation for victims and anonymity and publicity surrounding trials. Written by leading authorities in the field, Sexual Violence on Trial will be of great interest to students and scholars of Criminology, Law and Sociology.
Legal aid reform in England and Wales by Great Britain: Ministry of Justice Pdf
This is the Government response to Cm. 7967 'Proposals for reform of legal aid in England and Wales (ISBN 9780101796729) and sets out the plans to deliver the goals stated in that paper. The legal aid programme put forward includes: reform of the classes of cases and proceedings retained within the scope of legal aid; exceptional funding; amendment of merits test criteria for civil legal aid; establishment of the Community Legal Advice Telephone helpline; financial eligibility reforms; criminal remuneration; civil and family remuneration; expert fees and alternative sources of funding
Sexual Assault and the Justice Gap: A Question of Attitude by Jennifer Temkin,Barbara Krahé Pdf
This book is set against the background of the 'justice gap' in sexual assault cases - the dramatic gap between the number of offences recorded by the police and the number of convictions. It seeks to examine the attitudinal problems which bedevil this area of law and possible strategies for addressing them. Written by a professor of law and a professor of psychology, it reviews evidence from socio-legal and social cognition research and presents new data drawn both from interviews with judges and barristers and from studies with prospective lawyers and members of the public. In the final part, it considers different ways in which rape trials could be improved and suggests steps that could be taken to change public attitudes about sexual assault.
Researching English Sexual Violence Trials Using Court Observation Methods by Olivia Smith Pdf
My 2018 book, Rape Trials in England and Wales: Observing Justice and Rethinking Rape Myths, used court observations to explore rape complainants' experiences of trial. The method provides high-quality, naturalistic data on complex social worlds, but it is currently under-used because of the difficulties of actually observing courts. During my fieldwork, I struggled to find advice on how to conduct observations within the specific context of courts, and this case study is intended as a practical guide for students and researchers in the same position. It will outline the lessons I learned about sample size, case selection, data recording, and ethics based on my experiences in the field. Ultimately, the case calls for greater transparency and honesty about the seemingly mundane, but actually very significant, aspects of court observation methods.
Choo's Evidence provides students with a lucid account of the core principles of the law of evidence in England and Wales, whilst also exploring the fundamental rationales that underlie the law as a whole. This clear and engaging text explores current debates and draws on different jurisdictions to achieve a fascinating mix of critical and thought-provoking analysis for students and practitioners alike. Where appropriate, the author draws on comparative material and a variety of socio-legal, empirical, and non-legal material. Thorough footnoting and further reading lists provide valuable signposting to a wealth of additional sources. Digital formats The sixth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks
