The Expert Witness in the Inquisitorial Justice System Compared with the Adversarial Systems of the UK

Author(s):  
Verena Murschetz
Keyword(s):  
2019 ◽  
Vol 1 (2) ◽  
pp. 131-143
Author(s):  
Alison Frater

Starting with a personal perspective this piece outlines the place and role of the arts in the criminal justice system in the UK. It paints an optimistic picture, though an unsettling one, because the imagination and reflexiveness of the arts reveals a great deal about the causes of crime and the consequences of incarceration. It raises questions about the transforming impact of the arts: how the benefits could, and should, be optimised and why evaluations of arts interventions are consistent in identifying the need for a non-coercive, more socially focused, paradigm for rehabilitation. It concludes that the deeper the arts are embedded in the criminal justice system the greater the benefits will be, that a more interdisciplinary approach would support better theoretical understanding, and that increased capacity to deliver arts in the criminal justice system is needed to offer more people a creative pathway out of crime.


2021 ◽  
pp. 273-307
Author(s):  
Neena Samota

This chapter explores the broader context and history of race-related issues in the UK, considering why racial disparities persist in diverse societies like the US, Australia, Canada, and the UK, before narrowing the focus to race and ethnicity in the sphere of crime and criminal justice. The concepts of ‘race’ and ‘ethnicity’ have long played major roles in both classroom and broader societal discussions about crime, punishment, and justice, but they have arguably never been more present and visible than today. The chapter looks at the problems with the statistics available on race, ethnicity, and crime, noting the ways in which they may not tell the whole story, before considering the statistics themselves as the chapter discusses the relationships between ethnicity and victimisation and offending. It then moves on to how ethnic minorities experience the various elements of the criminal justice system and the disadvantages they often face, before outlining the attempts that have been made to address these disparities at a state level. Finally, the chapter discusses critical race theory, a key theory in modern criminological examinations of race and its relationship to crime and justice, which grew out of the US but has much broader value and relevance as a framework of analysis.


Business Law ◽  
2020 ◽  
pp. 15-42
Author(s):  
James Marson ◽  
Katy Ferris

This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.


Author(s):  
James Marson ◽  
Katy Ferris

This chapter, in discussing the English legal system and its features, begins by outlining what the law is and some important constitutional principles. The discussion is primarily based on the institutions and personnel involved in the practice and administration of justice. It therefore involves a description and evaluation of the courts, tribunals, and the judiciary, including their powers and the rationale for such authority, as well as the mechanisms of control and accountability. The aim of this chapter is to demonstrate how the mechanisms of the justice system work. The English legal system exists to determine the institutions and bodies that create and administer a just system of law. It should be noted here that the UK does, in fact, possess a written constitution, it is merely uncodified.


2000 ◽  
Vol 6 (2) ◽  
pp. 153-158 ◽  
Author(s):  
Keith Rix

In the second of my previous two articles on the role of the expert witness, I anticipated the implementation of Lord Woolf's proposed reforms to the civil justice system in England and Wales (Rix, 1999). These changes came into effect on 26 April 1999 and they represent the most radical changes to the civil justice system for a hundred years. In the previous article, it was not possible to do more than list a few of the key points relevant to experts. The purpose of this article is to describe the changes in detail and show how they will, or can be expected to, affect the role of the expert.


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