The Compellability Rule in England and Wales: Support for the Spouse of the Defendant

2013 ◽  
Vol 77 (4) ◽  
pp. 310-324
Author(s):  
Shamini K. Ragavan
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Special Needs ◽  
Criminal Justice System ◽  
Justice System ◽  
Research Study ◽  
Personal Choice ◽  
Criminal Proceedings ◽  
England And Wales ◽  
Different Types

Spouses, for a variety of reasons, struggle to give evidence against their spouse in criminal proceedings. A woman's willingness to testify against her spouse or civil partner is not based on the compellability provisions in PACE, but a personal choice of whether she is prepared to testify against her spouse. To assist her, she (as victim and witness) must be adequately supported (emotionally or psychologically) so that she becomes a resilient participant of the criminal justice system and thus provides best evidence in court. A collective and coordinated effort of practitioners, police, support agencies, including the judiciary is essential and there is a need for them to be aware of the special needs of different types of vulnerable witnesses, different forms of support, therapies and counselling strategies available in their decision-making. This article will draw upon findings of a pilot research study undertaken in 2009 to examine the issue of support for victims and witnesses.

Supported Decision-Making in Criminal Proceedings: A Sociolegal Empirical Study

2021 ◽  
pp. 104420732110263
Author(s):  
Piers Gooding ◽  
Bernadette McSherry ◽  
Anna Arstein-Kerslake
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Evidence Base ◽  
Legal Services ◽  
Criminal Proceedings ◽  
Persons With Disabilities ◽  
Disability Support ◽  
United Nations Convention

This article outlines a project in which supported decision-making (SDM) and broader support to exercise legal capacity were provided to accused persons with cognitive disabilities in the Australian criminal justice system. The program was developed to advance the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in relation to unfitness to plead laws. The researchers collaborated with three community legal services in three Australian jurisdictions. Four nonlegal “disability support people” were trained to work with accused persons alongside legal counsel to maximize their participation in the trial process and avoid the need for unfitness to plead determinations under current laws. The article draws on qualitative research conducted in the form of interviews with clients, lawyers, and support persons. The findings provide an evidence base for implementing SDM for persons with disabilities in the criminal justice system. It also helps answer the question of whether unfitness to plead laws should be repealed in pursuit of a “universally accessible” justice system in line with the CRPD.

What of the Child? Preventing the Publication of Children's Names After the Age of 18

2021 ◽  
Vol 24 ◽  
pp. 1-31
Author(s):  
Sophy Baird
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Freedom Of Expression ◽  
Best Interests ◽  
Child Victims ◽  
Criminal Proceedings ◽  
The Right To Privacy ◽  
The Face ◽  
The Right

Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.

Paying the Trial Tax: Race, Guilty Pleas, and Disparity in Prosecution

2019 ◽  
Vol 31 (4) ◽  
pp. 500-531 ◽  
Author(s):  
Alexander Testa ◽  
Brian D. Johnson
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Racial Differences ◽  
Justice System ◽  
Young Male ◽  
Gender Disparities ◽  
Criminal Cases ◽  
Theoretical Perspectives ◽  
Different Types ◽  
Sentencing Policy

The vast majority of criminal cases are disposed of through guilty pleas, yet relatively little empirical research focuses on the factors that are related to whether a defendant pleads guilty or goes to trial. The current work investigates this issue, analyzing three recent years of data from the Maryland Commission on Criminal Sentencing Policy. It examines predictors of guilty plea and trial dispositions as well as key differences among different types of guilty pleas. Findings indicate that Black and Latino defendants are substantially less likely to plead guilty, and that these differences are most pronounced for nonnegotiated guilty pleas. Little evidence emerges for gender disparities or for compound disadvantages associated with young, male, minority defendants. Results are discussed as they relate to contemporary theoretical perspectives on racial differences in perceived legitimacy and trust in the criminal justice system.

Prosecuting controlling or coercive behaviour in England and Wales: Media reports of a novel offence

2019 ◽  
pp. 174889581988094
Author(s):  
Paul McGorrery ◽  
Marilyn McMahon
Keyword(s):  
Domestic Violence ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Empirical Evaluation ◽  
Primary Data ◽  
Diverse Range ◽  
England And Wales ◽  
Gender And Age ◽  
Media Reports

The offence of controlling or coercive behaviour came into effect in England and Wales in December 2015, and related offences have since been enacted in Scotland and Ireland. To date, there has been almost no empirical evaluation of the operationalisation of the new English and Welsh offence. This article fills that gap by analysing media reports relating to 107 individuals convicted of controlling or coercive behaviour, providing a profile of offenders and victims (gender and age), the types of abusive behaviours offenders engaged in and how the cases progressed through the criminal justice system (manner of conviction, sentencing outcomes). Media reporting of these cases is also discussed. The results suggest that the offence is (appropriately) operationalised in a highly gendered manner, that it has captured a diverse range of behaviours that would not previously have been considered criminal, and that media reports of this form of domestic violence have not demonstrated the negativity towards victims identified in previous studies. Further research of primary data is required to confirm these findings.

Tempering Expectations: A Qualitative Study of Prosecutorial Reform

2020 ◽  
Vol 58 (1) ◽  
pp. 41-73
Author(s):  
Rebecca Richardson ◽  
Besiki Luka Kutateladze
Keyword(s):  
Decision Making ◽  
Criminal Justice ◽  
Qualitative Study ◽  
Criminal Justice System ◽  
Justice System ◽  
Path Dependence ◽  
Effective Implementation ◽  
Semistructured Interviews ◽  
Communication Challenges

Objectives: We investigate path dependence and barriers to the acceptance and implementation of reform-minded prosecution, which focuses on reducing unnecessary incarceration, promoting fairness, engaging with the community, and improving accountability in the criminal justice system. Method: Using semistructured interviews with 47 prosecutors in two Florida jurisdictions, both with newly elected state attorneys, we explore reform-minded prosecution priorities and barriers to their effective implementation. Results: Findings suggest that though reform-minded priorities are present in the study prosecutor’s offices, existing prosecutorial norms, case-focused decision-making, policy ambiguities, and communication challenges serve as barriers to their effective implementation. Conclusions: The study highlights the role that line agents play in determining the success of reform-minded prosecution. It also identifies key barriers to reform that reform-minded prosecutors must overcome if they are to achieve meaningful changes toward greater effectiveness, transparency, and impartiality in prosecution.

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