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Author: Penny Cooper Publisher: Oxford University Press, USA ISBN: 9780198801115 Category : Criminal justice, Administration of Languages : en Pages : 529
Book Description
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.
Author: Penny Cooper Publisher: Oxford University Press, USA ISBN: 9780198801115 Category : Criminal justice, Administration of Languages : en Pages : 529
Book Description
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.
Author: Penny Cooper Publisher: ISBN: 9780192521538 Category : Criminal justice, Administration of Languages : en Pages :
Book Description
The first book to provide a practical guide to understanding, assessing, and dealing with vulnerable witnesses and vulnerable defendants at each stage of the pre-trial and court process. This title draws together the law, protocols and guidelines relating to the responsibilities of judges, magistrates, advocates, defence solicitors and the CPS.
Author: Penny Cooper Publisher: Wildy, Simmonds & Hill Publishing ISBN: 9780854902675 Category : Criminal justice, Administration of Languages : en Pages : 288
Book Description
This volume presents some of the challenges that exist in achieving sufficient access to justice for vulnerable people, primarily in criminal and family proceedings and provides international comparisons of best practice.
Author: National Research Council Publisher: National Academies Press ISBN: 0309287715 Category : Law Languages : en Pages : 67
Book Description
Over the past four decades, the rate of incarceration in the United States has skyrocketed to unprecedented heights, both historically and in comparison to that of other developed nations. At far higher rates than the general population, those in or entering U.S. jails and prisons are prone to many health problems. This is a problem not just for them, but also for the communities from which they come and to which, in nearly all cases, they will return. Health and Incarceration is the summary of a workshop jointly sponsored by the National Academy of Sciences(NAS) Committee on Law and Justice and the Institute of Medicine(IOM) Board on Health and Select Populations in December 2012. Academics, practitioners, state officials, and nongovernmental organization representatives from the fields of healthcare, prisoner advocacy, and corrections reviewed what is known about these health issues and what appear to be the best opportunities to improve healthcare for those who are now or will be incarcerated. The workshop was designed as a roundtable with brief presentations from 16 experts and time for group discussion. Health and Incarceration reviews what is known about the health of incarcerated individuals, the healthcare they receive, and effects of incarceration on public health. This report identifies opportunities to improve healthcare for these populations and provides a platform for visions of how the world of incarceration health can be a better place.
Author: Jonathan Herring Publisher: Oxford University Press ISBN: 0198737270 Category : Law Languages : en Pages : 305
Book Description
We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges that assumption. Drawing on feminist and disability perspectives he argues that we are all in fact, 'vulnerable' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognizes our interdependence and mutuality. At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic for those who are deemed 'vulnerable'. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. This development of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it. Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as 'the elderly' or 'the disabled' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.
Author: Jonathan Herring Publisher: Oxford University Press ISBN: 019105710X Category : Law Languages : en Pages : 305
Book Description
We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges that assumption. Drawing on feminist and disability perspectives he argues that we are all in fact, 'vulnerable' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognises our interdependence and mutuality. At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic for those who are deemed 'vulnerable'. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. This development of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it. Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as 'the elderly' or 'the disabled' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.
Author: James Gallen Publisher: Routledge ISBN: 0429662963 Category : Law Languages : en Pages : 267
Book Description
This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups. Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action. This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
Author: Kate Brown Publisher: Policy Press ISBN: 1447318188 Category : Family & Relationships Languages : en Pages : 248
Book Description
Policies to assist or protect vulnerable youth play a crucial role in welfare and criminal justice processes, but what role does the discourse surrounding these policies play in how they are put into action? Bringing together real-life examples with academic and practical applications, this book explores the implications of a "vulnerability zeitgeist" in policy and practice. It draws on in-depth research with marginalized young people and the professionals who support them to question whether the rise of the concept of vulnerability serves the interests of those who are most disadvantaged. Vulnerability and Young People will be important reading for scholars, students, and policy makers interested in the care and protection of young people.
Author: Nicole L. Asquith Publisher: Springer Nature ISBN: 3030628701 Category : Social Science Languages : en Pages : 263
Book Description
This textbook addresses existing gaps in police research, education, and training, and provides guidance on how to respond to and address the vulnerability that arises in policing practice. It guides students through the conceptual and also the practical issues of managing vulnerability in policing with case studies and practitioners’ views from the UK, Australia, New Zealand, South Africa, the US, Canada, France, and beyond to the Maldives, China, India, Pakistan, and Sri Lanka. It includes key concepts, views from the front-line, further reading and activities in each chapter. Policing Practices and Vulnerable People is aimed at researchers and practitioners working with police. While focussed on democratic policing practices, this book includes case studies and practitioners’ views from a wide range of approaches, including those from the Global South. This book provides readers with a framework that can assist them in converting conceptual knowledge to critical, ethical policing practice.
Author: Sandra D. Glazier Publisher: ISBN: 9781641056175 Category : Undue influence Languages : en Pages :
Book Description
"This book is primarily geared toward estate planners and probate litigators, it may provide a greater understanding of issues relating to capacity, the attorney's role, and the process known as "undue influence." This book does not constitute legal advice"--
Author: Penny Cooper
Author: Penny Cooper
Author: Penny Cooper
Author: Penny Cooper
Author: National Research Council
Author: Jonathan Herring
Author: Jonathan Herring
Author: James Gallen
Author: Kate Brown
Author: Nicole L. Asquith
Author: Sandra D. Glazier