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.
Comparative Criminal Procedure by Jacqueline E. Ross (Editor); Stephen C. Thaman (Editor)This Handbook presents innovative research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan and Japan, among others.This book explores a number of key topics in the field of criminal procedure: the role of screening mechanisms in weeding out weak cases before trial; the willingness of different legal systems to suppress illegally obtained evidence; the ways legal systems set meaningful evidentiary thresholds for arrest and pretrial detention; the problem of wrongful convictions; the way legal systems balance the search for truth against other values, such as protections for fundamental rights; emerging legal protections for criminal defendants, including new safeguards against custodial questioning in the European Union, limitations on covert operations in post-Soviet states and the Indian system of anticipatory bail, as well as the mechanisms by which legal systems avoid trials altogether. A number of contributors also examine the impact of legal reforms that have newly introduced lay jurors into the fact-finding process, or that now require juries to give reasons for verdicts.The ideal readership for this Handbook includes scholars and students of criminal procedure and comparative law, as well as civil liberties lawyers. Scholars of national security, the European Union, transitional justice and privacy will also be interested in the volume's contributions to their fields.
Call Number: E-BOOK
Publication Date: 2016
Criminal Procedure and Sentencing by Hungerford Hungerford Welch; Peter Hungerford-WelchCriminal Procedure and Sentencingprovides a comprehensive, engaging and up-to-date guide to each step of criminal procedure, from the arrest of the suspect through to trial, sentencing and appeals. Taking a strong practical focus throughout, it covers all aspects of the process of the criminal courts. The ninth edition has been fully revised and significantly expanded to include more information about the workings of the criminal courts of England and Wales. The supporting website offers readers access to regular updates to the law and also a comprehensive set of web links and advice on additional reading and research for those seeking to engage in critical evaluation of the criminal justice system. This is an ideal text for anyone studying the criminal justice system at a professional or academic level. The author's authoritative yet engaging writing style brings the subject to life and helps to explain complex issues in an easy-to-understand way. e brings the subject to life and helps to explain complex issues in an easy-to-understand way.
The Oxford Handbook of Criminal Process by Darryl K. Brown (Editor); Jenia Iontcheva Turner (Editor); Bettina Weisser (Editor); Jenia Iontcheva Turner (Editor)The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. Itcontinues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbookprovides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution,evidence, adjudication, and appeal.