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The Adversarial Process and the Vulnerable Witness by Louise Ellison (Hardcover,

michelle6690
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Item specifics

Condition
Good: A book that has been read, but is in good condition. Minimal damage to the book cover eg. ...
ISBN
9780198299097
Subject Area
International Law, Criminal Law
Publication Name
The Adversarial Process and the Vulnerable Witness
Publisher
Oxford University Press
Subject
Law
Publication Year
2002
Series
Oxford Monographs on Criminal Law and Justice
Type
Textbook
Format
Hardcover
Language
English
Item Height
241 mm
Author
Louise Ellison
Item Weight
458 g
Item Width
162 mm
Number of Pages
200 Pages

About this product

Product Information

Until quite recently it was commonplace to describe the witness as the 'forgotten man' in the criminal justice system. The last few years have seen a dramatic shift in thinking with an increasing recognition of the legitimate expectations and rights of witnesses within the criminal process. At the same time research has drawn attention to a host of factors that conspire to deny the courts access to the best evidence potentially available when so-called vulnerable and intimidated witnesses are called upon to testify in accordance with conventional adversarial trial procedures and methods.The official response so far embodies an approach best described as one of accommodation. Efforts have centred on improving the treatment of witnesses within the established trial framework while preserving an overall commitment to key tenets of adversarial theory. The latter include the principle of orality with its general insistence upon direct evidence and the use of cross-examination as a device for testing the credibility of witnesses.The central contribution of this book lies in its demonstration of the significant limitations of the prevailing approach, most recently manifest in the Youth Justice and Criminal Evidence Act 1999. By providing a broader theoretical framework for understanding the treatment of vulnerable witnesses it signals the need to extend the search for solutions beyond the boundaries of the paradigmatic adversarial model. Drawing upon modern psychological, socio-linguistic, and victimological study across common law jurisdictions, the book provides a systematic critique of the special measures of the 1999 Act and of adversarial trial procedure more generally.As a point of contrast the book also explores the contended advantages inherent within inquisitorial style criminal proceedings for witnesses, drawing on the author's own experience of rape proceedings in the Netherlands. Throughout due account is taken of significant recent developments at national, European, and international levels which have ensured the place victims and witnesses, once excluded, in any discussion of criminal trial fairness.

Product Identifiers

Publisher
Oxford University Press
ISBN-13
9780198299097
eBay Product ID (ePID)
88103310

Product Key Features

Number of Pages
200 Pages
Language
English
Publication Name
The Adversarial Process and the Vulnerable Witness
Publication Year
2002
Subject
Law
Type
Textbook
Author
Louise Ellison
Subject Area
International Law, Criminal Law
Series
Oxford Monographs on Criminal Law and Justice
Format
Hardcover

Dimensions

Item Height
241 mm
Item Weight
458 g
Item Width
162 mm

Additional Product Features

Country/Region of Manufacture
United Kingdom
Title_Author
Louise Ellison

Item description from the seller

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