Children and Cross-Examination: Time to Change the Rules?
Editat de J. R. Spencer, Michael Lamben Limba Engleză Paperback – 31 mai 2012
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Specificații
ISBN-13: 9781849463072
ISBN-10: 1849463077
Pagini: 314
Dimensiuni: 156 x 234 x 10 mm
Greutate: 0.45 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
ISBN-10: 1849463077
Pagini: 314
Dimensiuni: 156 x 234 x 10 mm
Greutate: 0.45 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom
Caracteristici
This book addresses the widely debated topic of the cross-examination of children.The essays examine the scheme proposed by the Pigot Committee in 1989 and argue the case for further reforms in the UK.The book will be an important study for both academics and pratitioners interested in the criminal justice system and will also appeal to those interested in the role of children in court more generally.
Notă biografică
John R Spencer KC is Professor of Law and a Fellow of Selwyn College at the University of Cambridge. Michael E Lamb is Professor of Psychology and a Fellow of Sidney Sussex College, at the University of Cambridge.
Cuprins
1. Introduction JR Spencer2. 'Kicking and Screaming'-the Slow Road to Best Evidence Joyce Plotnikoff and Richard Woolfson3. Alternative Routes: Accusatorial Jurisdictions on the Slow Road to Best Evidence Emily Henderson4. Children's Evidence in Legal Proceedings-the Position in Western Australia Hal Jackson5. Cross-Examining the Child Complainant: Rights, Innovations and Unfounded Fears in the Australian Context Annie Cossins6. An Idea Whose Time has Come: The Reform of Criminal Procedure for Child Witnesses in New Zealand Emily Henderson7. Child Witnesses in Austria Verena Murschetz8. The Position in Norway Trond Myklebust9. Conclusions JR Spencer10. The Pigot Report 1989 (reprinted)
Recenzii
[The book] provides a compelling argument for effective change within an extensive research-base. It is uncompromising in its critique, but if that provokes a reaction then that is all to the good, for these are ideas that deserve serious reflection and wide debate.
...a very welcome criminal law publication and a very brave effort by Hart Publishing to bring this urgent matter to the public forum.
...this collection of essays provides valuable perspectives on the treatment of child witnesses across a range of jurisdictions and a compelling rehearsal of the peculiar problems associated with adversarial advocacy. Stimulating and sometimes provocative, the book will be of interest to scholars and practitioners alike.
...an interesting read on an extremely important issue, edited by two eminent scholars in this field and fleshed out by a group of very solid contributors. The book makes a strong argument for the need to reform the way child witnesses are handled in the courtroom in order to minimize their distress and promote the accuracy of their testimony. The thorough discussion of procedures in other criminal justice systems provides valuable insights into how seemingly strong reforms are applied as well as potentially unperceived drawbacks that derail their implementation. This strengthens the book's main argument that more of the reforms based on the Pigot report should be make in the United Kingdom. Readers from other countries will find a wealth of resources for advocating similar changes to their own handling of child witnesses and an intuitive (i.e., informal, non-quantitative) cost-benefit analysis of video recording children's disclosures.
One cannot hope for a better discussion of these complex and important issues than this collection of papers. ...there are a number of reasons why it should be read. First, some children will continue to give evidence in family proceedings and practitioners need to be aware of the difficulties and pitfalls. In addition, they may be required to give evidence in criminal proceedings linked to care proceedings and problems need to be identified not just before the criminal trial but also afterwards, not least if the evidence does not result in a conviction. Finally, the concerns set out in this book apply not just to children but to the many vulnerable adult witnesses.
International practices from countries such as Australia, the United States, Austria and Norway are illustrated and compared. This makes the book very worthwhile reading as well as practically relevant, because it successfully examines valid alternatives to the current practice in the UK.... an essential read for academics as well as for a broader legal audience, in particular barristers who cross-examine.
...a very welcome criminal law publication and a very brave effort by Hart Publishing to bring this urgent matter to the public forum.
...this collection of essays provides valuable perspectives on the treatment of child witnesses across a range of jurisdictions and a compelling rehearsal of the peculiar problems associated with adversarial advocacy. Stimulating and sometimes provocative, the book will be of interest to scholars and practitioners alike.
...an interesting read on an extremely important issue, edited by two eminent scholars in this field and fleshed out by a group of very solid contributors. The book makes a strong argument for the need to reform the way child witnesses are handled in the courtroom in order to minimize their distress and promote the accuracy of their testimony. The thorough discussion of procedures in other criminal justice systems provides valuable insights into how seemingly strong reforms are applied as well as potentially unperceived drawbacks that derail their implementation. This strengthens the book's main argument that more of the reforms based on the Pigot report should be make in the United Kingdom. Readers from other countries will find a wealth of resources for advocating similar changes to their own handling of child witnesses and an intuitive (i.e., informal, non-quantitative) cost-benefit analysis of video recording children's disclosures.
One cannot hope for a better discussion of these complex and important issues than this collection of papers. ...there are a number of reasons why it should be read. First, some children will continue to give evidence in family proceedings and practitioners need to be aware of the difficulties and pitfalls. In addition, they may be required to give evidence in criminal proceedings linked to care proceedings and problems need to be identified not just before the criminal trial but also afterwards, not least if the evidence does not result in a conviction. Finally, the concerns set out in this book apply not just to children but to the many vulnerable adult witnesses.
International practices from countries such as Australia, the United States, Austria and Norway are illustrated and compared. This makes the book very worthwhile reading as well as practically relevant, because it successfully examines valid alternatives to the current practice in the UK.... an essential read for academics as well as for a broader legal audience, in particular barristers who cross-examine.
Descriere
In 1989, the Pigot Committee proposed a scheme in which the whole of a young child's evidence, cross-examination and all, would be obtained out of court and in advance of trial. The scheme has been implemented in full in Western Australia, but not in the UK. These essays examine this, and similar schemes, and argue for further reforms in the UK.