Vulnerability in the criminal trial

Research output: Chapter in Book/Report/Conference proceedingChapter (peer-reviewed)peer-review

Abstract

This chapter explores the issue of vulnerability in the criminal trial and responses to it. Specifically, it focuses on adaptations to the traditional way of eliciting evidence from vulnerable witnesses (and defendants), which have come thick and fast in the last 20 years in the form of special measures. These measures permit eligible witnesses to use video link, screens, pre-recording, and other communication support such as intermediaries to give evidence. This chapter considers whether special measures go far enough in protecting and assisting vulnerable individuals who testify in criminal trials, through an exploration of issues including the (instrumental) conceptualisation of vulnerability, the exclusion of the accused, and the use of special measures in practice. Finally, this chapter considers the possible effects that the Covid-19 pandemic has had on the delivery of justice for vulnerable individuals as the accused or witnesses in the proceedings.
Original languageEnglish
Title of host publicationChallenges in Criminal Justice
EditorsEd Johnston
PublisherRoutledge
Chapter6
Pages83-99
Number of pages17
Edition1st
ISBN (Electronic)9781003143321
ISBN (Print)9780367698041, 9780367698072
DOIs
Publication statusPublished - 29 Jul 2022

Publication series

NameRoutledge Contemporary Issues in Criminal Justice and Procedure
PublisherRoutledge

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