TRIAL OF SEXUAL OFFENCE CASES. PDF Download

Author: MICHELLE. FUERST
Publisher:
ISBN: 9780779886302
Category :
Languages : en
Pages :

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Author: Michèle Burman
Publisher:
ISBN: 9780755967551
Category : Evidence, Criminal
Languages : en
Pages : 155

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Book Description
This report presents findings from a study of the operation of the Sexual Offences (Criminal Procedure) (Scotland) Act 2002, which introduced new procedures restricting the use of evidence or questioning concerning the sexual history and character of the complainer in sexual offence trials.

Author:
Publisher:
ISBN: 9780755926343
Category : Evidence (Law)
Languages : en
Pages :

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Author: Paul DerOhannesian (II)
Publisher:
ISBN: 9781630443238
Category : Child sexual abuse
Languages : en
Pages :

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Author: Joanne Conaghan
Publisher: Policy Press
ISBN: 1529207843
Category : Law
Languages : en
Pages : 237

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Book Description
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.

Author: Liz Heffernan
Publisher: Bloomsbury Publishing
ISBN: 1526511487
Category : Law
Languages : en
Pages : 1071

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Book Description
Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system. This title is included in Bloomsbury Professional's Irish Criminal Law online service.

Author: Beverley Brown
Publisher:
ISBN: 9780748604081
Category : Law
Languages : en
Pages : 0

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Book Description
Victims of sexual crimes - both male and female - are often subjected to an intense scrutiny of both their 'sexual history' and 'sexual character' once the case is brought to court. In 1985 legislation was passed in Scotland to control the use of such evidence, and Sex Crimes on Trial reviews the last eight years to assess the impact this legislation has had, and illustrates why other systems have a lot to learn from the Scottish experience. Combining socio-legal analysis with empirical evidence, this book also covers wider theoretical concerns - including an analysis of the 'cross talk' between feminist and legal analysis, and a chapter on young complainants, analysing age-dependent characteristics - as well as providing basic introductory information for non-lawyers. It is a well-balanced and comprehensive study suitable for all socio-legal courses, women's studies and law.

Author: Derek Regensburger
Publisher: Aspen Publishing
ISBN: 1543849075
Category : Law
Languages : en
Pages : 843

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Book Description
With lucid text, four-color illustrations, and abundant examples, Criminal Evidence follows the path of evidence From Crime Scene to Courtroom. Focusing on the Federal Rules of Evidence and their state counterparts, Derek Regensburger offers a clear introduction to the principles of evidence and instructions for collecting, preserving, and presenting evidence in a criminal case. The book surveys the major concepts of evidence law such as relevance and burden of proof, discovery, admission of expert witness testimony, impeachment of witnesses, character evidence, hearsay, authentication of physical evidence, and more. Actual trials and news excerpts bring the material to life as they illustrate the role of evidence in real cases. Videos of mock trial scenes on the book’s website reinforce students’ understanding of key concepts. New to the Third Edition: A new chapter on trial practice and witness preparation Streamlined discussions of the exclusionary rule, Miranda rights, and rape shield laws Updated material on eyewitness identification and admission of confessions, particularly the modification of the corpus delicti rule by many state courts Changes concerning the reliability of forensic evidence due to the release of the 2016 report on the issue authored by the President’s Council on Science and Technology, including the FBI’s rejoinder to that report New and expanded sections on bloodstain pattern analysis, arson investigation, and handwriting analysis New and updated practical examples and Evidence in Action articles to feature more recent events, including the Kyle Rittenhouse trial Professors and students will benefit from: Straightforward text that follows the evidence from collection to trial Accessible three-part organization I. The Collection and Preservation of Evidence II. Pretrial Matters III. Admissibility of Evidence Four-color photographs and exhibits that illustrate evidentiary concepts Evidence in Action, observed in real trials and news excerpts Practical examples that apply legal concepts through hypothetical scenarios Review questions and application problems at the end of each chapter test students’ mastery of the material Short mock trial scenes on the companion website that illustrate key concepts discussed in the text

Author: Anne Cossins
Publisher: Springer Nature
ISBN: 1137320516
Category : Social Science
Languages : en
Pages : 722

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Book Description
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. It speaks to students and academics across subjects including law, criminology, gender studies and psychology, and practitioners in law and victim services, as well as policy-makers.

Author: Heather R. Hlavka
Publisher: NYU Press
ISBN: 1479809659
Category : Law
Languages : en
Pages : 307

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Book Description
Winner, 2021-2022 AES Senior Book Prize, awarded by the American Ethnological Society Honorable Mention, Senior Book Prize of the Association for Feminist Anthropology Uncovers how the process of sexual assault adjudication reinforces inequality and becomes a public spectacle of violence For victims in sexual assault cases, trials rarely result in justice. Instead, the courts drag defendants, victims, and their friends and family through a confusing and protracted public spectacle. Along the way, forensic scientists, sexual assault nurse examiners, and police officers provide their insight and expertise, shaping the story that emerges for the judge and jury. These expert narratives intersect with the stories of victims, witnesses, and their communities to reproduce our cultural understandings of sexual violence, but too often this process results in reinscribing racial, gendered, and class inequalities. Bodies in Evidence draws on observations of over 680 court appearances in Milwaukee County’s felony sexual assault courts, as well as interviews with judges, attorneys, forensic scientists, jurors, sexual assault nurse examiners, and victim advocates. It shows how forensic science helps to propagate public misunderstandings of sexual violence by bestowing an aura of authority to race and gender stereotypes and inequalities. Expert testimony reinforces the idea that sexual assault is physically and emotionally recognizable and always leaves material evidence. The court’s reliance on the presence of forensic evidence infuses these very familiar stereotypes and myths about sexual assault with new scientific authority. Powerful, unflinching, and at times heartbreaking, Bodies in Evidence reveals the human cost of sexual assault adjudication, and the social cost we all bear when investing in forms of justice that reproduce inequality and racial injustice.