TY - CHAP
T1 - Vulnerability in the criminal trial
AU - Fairclough, Samantha
PY - 2022/7/29
Y1 - 2022/7/29
N2 - 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.
AB - 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.
UR - https://www.routledge.com/Challenges-in-Criminal-Justice/Johnston/p/book/9780367698041
U2 - 10.4324/9781003143321-6
DO - 10.4324/9781003143321-6
M3 - Chapter (peer-reviewed)
SN - 9780367698041
SN - 9780367698072
T3 - Routledge Contemporary Issues in Criminal Justice and Procedure
SP - 83
EP - 99
BT - Challenges in Criminal Justice
A2 - Johnston, Ed
PB - Routledge
ER -