Children and Cross-Examination

Children and Cross-Examination
Author: J R Spencer
Publisher: Bloomsbury Publishing
Total Pages: 314
Release: 2012-06-01
Genre: Law
ISBN: 1847319556

In 2009, Stephen Barker was convicted of rape on the evidence of a little girl who was four-and-a-half years old at the trial, and about three-and-a-half when first interviewed by the police. The high point of the proceedings was the child's appearance as a live witness in order for Barker's counsel to attempt a cross-examination. This case focused attention on the need, imposed by current English law, for even tiny children to come to court for a live cross-examination. In 1989, the Pigot Committee proposed a scheme under which the whole of a young child's evidence, including cross-examination, would be obtained out of court and in advance of trial. In 1999 a provision designed to give effect to this was included in the Youth Justice and Criminal Evidence Act, but it has not yet been brought into force. The full Pigot proposal was implemented, however, in Western Australia, and similar schemes operate in a number of European jurisdictions. This book of essays examines a number of these schemes, and argues the case for further reforms in the UK.

Children's Testimony

Children's Testimony
Author: Helen L. Westcott
Publisher: John Wiley & Sons
Total Pages: 429
Release: 2003-11-14
Genre: Psychology
ISBN: 0470851392

Children's Testimony offers a comprehensive and up-to-dateassessment of issues relating to children's evidence. Starting withpsychological underpinnings and child protection considerations,the reader is taken through a clearly structured and timelycollection of chapters from internationally renownedcontributors. Pointers for practitioners are clearly highlighted throughout and aunique, jargon-free glossary of psychological terms encountered inchild witness research is included making this a highly practicaltext. * An accessible review of existing knowledge and preview of new andrecent developments in psychological research and forensicpractice * An outstanding group of international contributors * Offers a broad scope that considers all the key areas of researchand practice

Children's Testimony

Children's Testimony
Author: Michael E. Lamb
Publisher: John Wiley & Sons
Total Pages: 487
Release: 2011-06-01
Genre: Psychology
ISBN: 1119996155

The second edition of Children’s Testimony is a fully up-to-date resource for practitioners and researchers working in forensic contexts and concerned with children's ability to provide reliable testimony about abuse. Written for both practitioners and researchers working in forensic contexts, including investigative interviewers, police officers, lawyers, judges, expert witnesses, and social workers Explores a range of issues involved with children's testimony and their ability to provide reliable testimony about experienced or witnessed events, including abuse Avoids jargon and highly technical language Includes a comprehensive range of contributions from an international group of practitioners and researchers to ensure topicality and relevance

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Children and Cross-Examination

Children and Cross-Examination
Author: J R Spencer
Publisher: Bloomsbury Publishing
Total Pages: 314
Release: 2012-06-01
Genre: Law
ISBN: 1847319564

In 2009, Stephen Barker was convicted of rape on the evidence of a little girl who was four-and-a-half years old at the trial, and about three-and-a-half when first interviewed by the police. The high point of the proceedings was the child's appearance as a live witness in order for Barker's counsel to attempt a cross-examination. This case focused attention on the need, imposed by current English law, for even tiny children to come to court for a live cross-examination. In 1989, the Pigot Committee proposed a scheme under which the whole of a young child's evidence, including cross-examination, would be obtained out of court and in advance of trial. In 1999 a provision designed to give effect to this was included in the Youth Justice and Criminal Evidence Act, but it has not yet been brought into force. The full Pigot proposal was implemented, however, in Western Australia, and similar schemes operate in a number of European jurisdictions. This book of essays examines a number of these schemes, and argues the case for further reforms in the UK.

Putting Trials on Trial

Putting Trials on Trial
Author: Elaine Craig
Publisher: McGill-Queen's Press - MQUP
Total Pages: 217
Release: 2018-02-16
Genre: Law
ISBN: 0773553010

Over the past few years, public attention focused on the Jian Ghomeshi trial, the failings of Judge Greg Lenehan in the Halifax taxi driver case, and the judicial disciplinary proceedings against former Justice Robin Camp have placed the sexual assault trial process under significant scrutiny. Less than one percent of the sexual assaults that occur each year in Canada result in legal sanction for those who commit these offences. Survivors often distrust and fear the criminal justice process, and as a result, over ninety percent of sexual assaults go unreported. Unfortunately, their fears are well founded. In this thorough evaluation of the legal culture and courtroom practices prevalent in sexual assault prosecutions, Elaine Craig provides an even-handed account of the ways in which the legal profession unnecessarily – and sometimes unlawfully – contributes to the trauma and re-victimization experienced by those who testify as sexual assault complainants. Gathering conclusive evidence from interviews with experienced lawyers across Canada, reported case law, lawyer memoirs, recent trial transcripts, and defence lawyers’ public statements and commercial advertisements, Putting Trials on Trial demonstrates that – despite prominent contestations – complainants are regularly subjected to abusive, humiliating, and discriminatory treatment when they turn to the law to respond to sexual violations. In pursuit of trial practices that are less harmful to sexual assault complainants as well as survivors of sexual violence more broadly, Putting Trials on Trial makes serious, substantiated, and necessary claims about the ethical and cultural failures of the Canadian legal profession.