Witness preparation and the prosecution of rape

Legal Studies ◽  
2007 ◽  
Vol 27 (2) ◽  
pp. 171-187 ◽  
Author(s):  
Louise Ellison
Keyword(s):  
Criminal Trial ◽  
Sharp Contrast ◽  
Criminal Proceedings ◽  
England And Wales ◽  
Trial Process ◽  
Secondary Victimisation ◽  
Witness Preparation ◽  
The Usa

In England and Wales, rape complainants currently receive little by way of pre-trial support and preparation. This stands in sharp contrast to prosecutorial practice in the USA where prosecutors meet with complainants prior to trial with the specific aim of preparing them for the unfamiliar process of testifying in criminal proceedings. This paper considers the case for adopting similar arrangements in rape cases in England and Wales. This is assessed primarily from an evidentiary perspective although due consideration is also given to the need to protect vulnerable complainants from the risk of secondary victimisation within the criminal trial process.

scholarly journals A ‘Life-Style Choice’ or a Philosophical Belief?: The Argument for Veganism and Vegetarianism to be a Protected Philosophical Belief and the Position in England and Wales

2021 ◽  
Author(s):  
Paul McKeown ◽  
Rachel Ann Dunn
Keyword(s):  
Animal Welfare ◽  
Life Style ◽  
Employment Law ◽  
England And Wales ◽  
Philosophical Beliefs ◽  
The Usa

AbstractThe recent judgment in Casamitjana Costa v The League Against Cruel Sports in England and Wales held that ethical veganism was a protected philosophical belief under employment law. In contrast, vegetarianism was found not to be a protected philosophical belief in Conisbee v Crossley Farms Limited and others. The authors argue that the Employment Tribunal misunderstood the notion of vegetarianism when deciding that it was a ‘life-style choice’. There are different kinds of vegans and vegetarians, each with their own way of practising the philosophy which influences how they live their life. Not all people who follow a meat-free diet should be afforded this protection, and it depends on whether their belief is one which is determined by certain factors, such as animal welfare and environmentalism, rather than for health purposes. The authors explore the arguments and analysis in the above employment cases, coming to the conclusion that the tribunals oversimplified what it means to hold values such as veganism and vegetarianism, failing to understand the differences between different classifications and sub-groups when coming to a decision. The different kinds of vegans and vegetarians and their characteristics are outlined, before determining whether this should constitute protection under employment law, protecting individuals from discrimination. The situation in the USA and Canada regarding this issue is very different, and there are parallels drawn with attempting to establish veganism or vegetarianism as a religion, and where they could benefit from the recent decision in England and Wales. Finally, this paper concludes that ethical and environmental veganism and vegetarianism should both qualify as protected philosophical beliefs, but other kinds may fall short of what is required to satisfy the requirements under law.

Negotiating without the victim state: the exclusiveness of anticorruption settlements

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Nadja Capus ◽  
Kei Hannah Brodersen
Keyword(s):  
Case Studies ◽  
Design Methodology ◽  
Criminal Proceedings ◽  
International Guidelines ◽  
England And Wales ◽  
Content Type ◽  
The Past ◽  
Settlement Agreements ◽  
To Receive ◽  
Obligation To Inform

Purpose Corporate foreign bribery can have devastating consequences on communities and states. Over the past decade, there have been several promising developments, both national and international, that might increase the chances of victim states to receive remediation for the harm they suffered from foreign bribery. In particular, awareness has risen that victim states must be considered and new innovative items have been added to the toolbox of prosecutors in the fight against corruption that is assumed to also improve victim states’ standing in these procedures. This study aims to assess whether indeed victim states receive compensation through these novel procedures. Design/methodology/approach This study uses the three case studies of Switzerland, France and England and Wales for a comprehensive empirical and normative analysis of settlement agreements between defendants and prosecution authorities and of court jurisprudence. Findings This study shows that although de jure, it seems warranted to order the payment of remedies to victim states within domestic criminal proceedings, in practice, this rarely happens. A number of legal and practical obstacles account for this situation. This study, therefore, calls for the formulation of international guidelines containing the obligation to inform victim states of ongoing criminal proceedings on corporate foreign bribery, and guidance on how to identify the victim of this crime, as well as the damage caused. Originality/value This is the first contribution to verify whether claims that settlement agreements, recently introduced in England and Wales and France (and similar procedures are available in Switzerland), are beneficial for victim states in their quest to receive compensation. As this study shows that this is – not yet – the case in practice, this study proposes solutions that could lead the way for remediation of the harm caused by corporate corruption – and thereby, ultimately, to a more just outcome.

scholarly journals EGAL RELATIONS RELATED TO THE DEATH OF A WITNESS IN CRIMINAL PROCEEDINGS

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 283-291
Author(s):  
A. A. Patrusheva
Keyword(s):  
Criminal Trial ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Legal Fact ◽  
Legal Consequences

The legal fact of the death of a witness in a criminal trial causes various legal consequences to occur. In cases where the witness, after being called to give evidence, was not questioned in connection with the death, these consequences are expressed in changing the methods and means of proof in the criminal case. In situations where the death of a witness occurred after interrogation, criminal procedural consequences may occur in the form of the reading of the deceased’s testimony, the evidentiary value of which is not lost if certain procedural conditions are met. Then the death of a witness acquires the property of an exclusive basis for limiting the oral proceedings and the adversarial nature of the parties in criminal proceedings, allowing the court to unconditionally resort to reading the testimony of the deceased.

Law, Presence to Absence

2021 ◽  
pp. 72-88
Author(s):  
Kate Leader
Keyword(s):  
Fair Trial ◽  
Criminal Trial ◽  
Performance Theory ◽  
Criminal Trials ◽  
England And Wales ◽  
Technological Advances ◽  
New Challenges ◽  
Being There ◽  
And Performance ◽  
The Right

The live presence of a defendant at trial is a long-standing feature of adversarial criminal trial. So much of what constitutes the adversarial method of adjudication is dependent on qualities that arise from this presence: confrontation and demeanor assessment, among other factors, play important roles in how truth is constructed. As such, performative matters—how a defendant enacts and inhabits her role, how she is positioned or silenced-- have long been of concern to legal scholars. These performative concerns are also centrally implicated in defendant rights, such as the right to a fair trial. But today we face new challenges that call into question fundamental beliefs around trials, defendant presence, and fairness. First, technological advances have led to defendants appearing remotely in hearings from the prison in which they are held. Second, the trial itself is arguably vanishing in most adversarial jurisdictions. Third, the use of trials in absentia means that criminal trials may take place in a defendant’s absence; in England and Wales for less serious offenses this can be done without inquiring why a defendant isn’t there. This chapter therefore seeks to understand the performative implications of these challenges by shifting the conversation from presence to absence. What difference does it make if a defendant is no longer there? Does being there facilitate greater fairness, despite the obvious issues of constraint and silencing? Drawing on sociolegal, political, and performance theory the chapter considers the implications of absence in the criminal trial, asking what happens when the defendant disappears.

3. The Course of Evidence

2021 ◽  
pp. 51-83
Author(s):  
Andrew L-T Choo
Keyword(s):  
Criminal Justice ◽  
Criminal Proceedings ◽  
Criminal Trials ◽  
Trial Process

Chapter 3 examines the principles relating to the presentation of evidence in court. It first discusses the adversarial tradition upon which the English trial process is based. It then distinguishes between the principles governing the questioning of one’s own witness (which occurs in examination-in-chief and re-examination) and those governing the questioning of another party’s witness (which occurs in cross-examination). It shows that, in criminal proceedings, provisions in the Criminal Justice Act 2003 now deal with two particular matters that may arise in the course of questioning one’s own witness—the extent to which refreshing memory is permitted, and the extent to which a previous consistent statement is admissible in evidence. The chapter also considers other issues, including the judicial approach to ‘no case to answer’ submissions in criminal trials, and the extent to which the claimant or prosecution may adduce further evidence after closing its case.

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