The International Journal of Evidence & Proof, 1999
I t is now widely recognised that the process of giving evidence in criminal proceedings can prov... more I t is now widely recognised that the process of giving evidence in criminal proceedings can prove a difficult and stressful ordeal for many witnesses. The plight of child witnesses,' complainants in rape cases" and adults with learning difficulties have all been highlighted.' The Home Office recently published the report of an interdepartmental Working Group on the treatment of vulnerable and intimidated witnesses within the criminal justice system." The Working Group proposes a range of measures aimed at lessening the ordeal of vulnerable witnesses at each stage of the criminal justice process." The recommendations include measures aimed at reducing the trauma associated with a courtroom appearance. In seeking solutions, the Working Group has accepted the constraints of existing trial procedure. While recognising that many of the difficulties encountered by vulnerable witnesses stem directly from the adversarial trial process, the appropriateness of that process is not questioned by the Working Group. The
The problem of on-line harassment has received considerable and, in many cases sensationalised, p... more The problem of on-line harassment has received considerable and, in many cases sensationalised, press coverage in recent years. These reports suggest that women who use the Internet instantly risk becoming the target of a cyberstalker and finding themselves the victim of a campaign of electronic abuse. Disturbing pronouncements as to the nature and impact of harassment on-line have become commonplace. Some commentators have gone as far as to state that on-line harassment is already killing free speech on the Internet, in particular the free speech of women. Women are engaging in self censorship, it is claimed, in order to avoid harassment and are, as a result, being further marginalised in cyberspace. In February 1999, the Vice President of the United States, Al Gore, called for a fight against cyberstalking stating that the Internet had inadvertently become a sinister new avenue for carrying out violence against women. This paper examines the phenomenon of cyberstalking and highlights the danger that largely exaggerated fears regarding on-line harassment may ultimately have serious and negative repercussions for privacy and freedom of speech on the Internet.
Mental health inpatients are known to be at risk of criminal victimisation, but the experiences o... more Mental health inpatients are known to be at risk of criminal victimisation, but the experiences of this vulnerable victim population seldom receive mention in the victimological literature. Against this backdrop, this article explores to what extent and in what ways mental health inpatients report victimisation, and provides the first systematic analysis of what the existing evidence base tells us about the subsequent responses of mental health services and criminal justice agencies, particularly in England and Wales. Identified knowledge gaps are problematised as impediments to evaluation of both policy and practice in this context. An agenda for future research is additionally sketched out.
The International Journal of Evidence & Proof, 2018
This article reflects critically on the scope of educational jury directions currently utilised i... more This article reflects critically on the scope of educational jury directions currently utilised in sexual offence cases in England and Wales and argues for their extension to circumstances specifically arising in cases of so-called ‘domestic’ or intimate partner rape. This position is defended as a necessary step to promote more accurate credibility assessment of claims of sexual violence and the prospects of just trial outcomes for survivors in this subcategory of rape cases.
The International Journal of Evidence & Proof, 2003
The first edition of Rape and the Legal Process was published in 1987. In the intervening years, ... more The first edition of Rape and the Legal Process was published in 1987. In the intervening years, far-reaching reforms bearing directly or indirectly on the conduct of rape trials have been introduced, yet much that characterises the prosecution of rape allegations has remained depressingly unchanged. Both realities underscore the timeliness of a second edition. The book’s central aim, in Temkin’s own words, is ‘to examine the difficulties entailed in regulating rape and to assess how they might best be overcome’. The book is divided into six chapters, with Chapters 2 and 3 focusing on implemented and proposed changes to the substantive law of rape. The evidential and procedural matters addressed in Chapters 4 and 5 are the principal focus of this review.
... School of Law, University of Nottingham, Nottingham NG7 2RD, UK; vanessa.munro{at}nottingham.... more ... School of Law, University of Nottingham, Nottingham NG7 2RD, UK; vanessa.munro{at}nottingham. ac.uk. Next Section. Abstract. ... 1980; Hosch et al. 1980; Maass et al. 1985; Cutler et al. 1989; Penrod and Cutler 1989; Fox and Walters 1986; Leippe 1995; Leippe et al. 2004). ...
The International Journal of Evidence & Proof, 2016
Over the last two decades successive governments in England and Wales have stated a commitment to... more Over the last two decades successive governments in England and Wales have stated a commitment to placing victims of crime at the heart of the criminal justice agenda. A raft of polices and reforming measures have been introduced with the declared aim of improving the experience and treatment of victims within the criminal process. Despite these developments, the government has recently conceded that the criminal justice process has continued to fall short—whether in relation to helping victims to recover in the aftermath of a crime or supporting them through the stresses of investigation and trial. In this article we argue that applying a trauma-informed lens to evaluate victim-centred initiatives helps to explain the failure of victim policy in England and Wales to fully deliver on its promise. We highlight the barriers that experiences of trauma can present to effective victim participation and the extent to which current trial processes are often liable to exacerbate rather than...
Recent research has highlighted significant failings in the criminal justice response to victims ... more Recent research has highlighted significant failings in the criminal justice response to victims with psychosocial disabilities. This article reflects on these findings and considers the implications for equality of access to justice for this population.
Witnesses play a clear and pivotal role in the criminal justice system and there is an obvious pu... more Witnesses play a clear and pivotal role in the criminal justice system and there is an obvious public interest in identifying procedures that both undermine and maximize the quality of evidence received by the criminal courts. This paper reports an investigation into the effects of witness familiarization and cross-examination type on adult witness accuracy that situates outcomes in both legal and psychological context. 60 mock witnesses observed a crime event and each witness was then cross-examined by a practising barrister in a moot courtroom according to two conditions - either via a scripted complex version of cross-examination or by a simpler but equivalent scripted examination. Mock witnesses were also allocated to two further conditions - half the participants received a guidance booklet on cross-examination and the other half received no familiarization to the process. Study outcomes showed that familiarization of witnesses to cross-examination processes increased accurate ...
The International Journal of Evidence & Proof, 1999
I t is now widely recognised that the process of giving evidence in criminal proceedings can prov... more I t is now widely recognised that the process of giving evidence in criminal proceedings can prove a difficult and stressful ordeal for many witnesses. The plight of child witnesses,' complainants in rape cases" and adults with learning difficulties have all been highlighted.' The Home Office recently published the report of an interdepartmental Working Group on the treatment of vulnerable and intimidated witnesses within the criminal justice system." The Working Group proposes a range of measures aimed at lessening the ordeal of vulnerable witnesses at each stage of the criminal justice process." The recommendations include measures aimed at reducing the trauma associated with a courtroom appearance. In seeking solutions, the Working Group has accepted the constraints of existing trial procedure. While recognising that many of the difficulties encountered by vulnerable witnesses stem directly from the adversarial trial process, the appropriateness of that process is not questioned by the Working Group. The
The problem of on-line harassment has received considerable and, in many cases sensationalised, p... more The problem of on-line harassment has received considerable and, in many cases sensationalised, press coverage in recent years. These reports suggest that women who use the Internet instantly risk becoming the target of a cyberstalker and finding themselves the victim of a campaign of electronic abuse. Disturbing pronouncements as to the nature and impact of harassment on-line have become commonplace. Some commentators have gone as far as to state that on-line harassment is already killing free speech on the Internet, in particular the free speech of women. Women are engaging in self censorship, it is claimed, in order to avoid harassment and are, as a result, being further marginalised in cyberspace. In February 1999, the Vice President of the United States, Al Gore, called for a fight against cyberstalking stating that the Internet had inadvertently become a sinister new avenue for carrying out violence against women. This paper examines the phenomenon of cyberstalking and highlights the danger that largely exaggerated fears regarding on-line harassment may ultimately have serious and negative repercussions for privacy and freedom of speech on the Internet.
Mental health inpatients are known to be at risk of criminal victimisation, but the experiences o... more Mental health inpatients are known to be at risk of criminal victimisation, but the experiences of this vulnerable victim population seldom receive mention in the victimological literature. Against this backdrop, this article explores to what extent and in what ways mental health inpatients report victimisation, and provides the first systematic analysis of what the existing evidence base tells us about the subsequent responses of mental health services and criminal justice agencies, particularly in England and Wales. Identified knowledge gaps are problematised as impediments to evaluation of both policy and practice in this context. An agenda for future research is additionally sketched out.
The International Journal of Evidence & Proof, 2018
This article reflects critically on the scope of educational jury directions currently utilised i... more This article reflects critically on the scope of educational jury directions currently utilised in sexual offence cases in England and Wales and argues for their extension to circumstances specifically arising in cases of so-called ‘domestic’ or intimate partner rape. This position is defended as a necessary step to promote more accurate credibility assessment of claims of sexual violence and the prospects of just trial outcomes for survivors in this subcategory of rape cases.
The International Journal of Evidence & Proof, 2003
The first edition of Rape and the Legal Process was published in 1987. In the intervening years, ... more The first edition of Rape and the Legal Process was published in 1987. In the intervening years, far-reaching reforms bearing directly or indirectly on the conduct of rape trials have been introduced, yet much that characterises the prosecution of rape allegations has remained depressingly unchanged. Both realities underscore the timeliness of a second edition. The book’s central aim, in Temkin’s own words, is ‘to examine the difficulties entailed in regulating rape and to assess how they might best be overcome’. The book is divided into six chapters, with Chapters 2 and 3 focusing on implemented and proposed changes to the substantive law of rape. The evidential and procedural matters addressed in Chapters 4 and 5 are the principal focus of this review.
... School of Law, University of Nottingham, Nottingham NG7 2RD, UK; vanessa.munro{at}nottingham.... more ... School of Law, University of Nottingham, Nottingham NG7 2RD, UK; vanessa.munro{at}nottingham. ac.uk. Next Section. Abstract. ... 1980; Hosch et al. 1980; Maass et al. 1985; Cutler et al. 1989; Penrod and Cutler 1989; Fox and Walters 1986; Leippe 1995; Leippe et al. 2004). ...
The International Journal of Evidence & Proof, 2016
Over the last two decades successive governments in England and Wales have stated a commitment to... more Over the last two decades successive governments in England and Wales have stated a commitment to placing victims of crime at the heart of the criminal justice agenda. A raft of polices and reforming measures have been introduced with the declared aim of improving the experience and treatment of victims within the criminal process. Despite these developments, the government has recently conceded that the criminal justice process has continued to fall short—whether in relation to helping victims to recover in the aftermath of a crime or supporting them through the stresses of investigation and trial. In this article we argue that applying a trauma-informed lens to evaluate victim-centred initiatives helps to explain the failure of victim policy in England and Wales to fully deliver on its promise. We highlight the barriers that experiences of trauma can present to effective victim participation and the extent to which current trial processes are often liable to exacerbate rather than...
Recent research has highlighted significant failings in the criminal justice response to victims ... more Recent research has highlighted significant failings in the criminal justice response to victims with psychosocial disabilities. This article reflects on these findings and considers the implications for equality of access to justice for this population.
Witnesses play a clear and pivotal role in the criminal justice system and there is an obvious pu... more Witnesses play a clear and pivotal role in the criminal justice system and there is an obvious public interest in identifying procedures that both undermine and maximize the quality of evidence received by the criminal courts. This paper reports an investigation into the effects of witness familiarization and cross-examination type on adult witness accuracy that situates outcomes in both legal and psychological context. 60 mock witnesses observed a crime event and each witness was then cross-examined by a practising barrister in a moot courtroom according to two conditions - either via a scripted complex version of cross-examination or by a simpler but equivalent scripted examination. Mock witnesses were also allocated to two further conditions - half the participants received a guidance booklet on cross-examination and the other half received no familiarization to the process. Study outcomes showed that familiarization of witnesses to cross-examination processes increased accurate ...
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