Witness Testimony in Sexual Cases


Book Description

Witness testimony in sexual cases is a complex and controversial topic and this practical guide provides comprehensive and balanced advice for criminal justice professionals at all stages of involvement in the legal process. It draws together essential legal and scientific information for all professionals working in this field.




Harassment, stalking, victim personal statements, child sexual abuse and eyewitness testimony. Psychological commentary applied to real magistrate and Crown Court cases


Book Description

Project Report from the year 2016 in the subject Psychology - Forensic Psychology and Penal System, grade: Pass, University of Lincoln (University of Lincoln), course: MSc Forensic Psychology, language: English, abstract: Real court cases were used for this report, however no names and official dates are disclosed. The court cases in these examples deal with allegations of stalking and harassment as well as child sexual abuse and involve elements pertaining to Victim Personal Statments and eyewitness testimony. The first court case examined deals with a case of harassment and stalking and the treatment of Victim Personal Statements as well as police interviewing. An overview is given over the current state of psychological research on both aspects of the case; the offences of harassment and stalking, particularly in heterosexual couple relationships, and on the handling of Victim Personal Statements by police. The second court case involves allegations of child sexual abuse, with a great lapse in years between perpetration and prosecution. The case summary is followed by a psychological commentary including research findings on the accuracy of eyewitness testimony and the potential impact of child sexual abuse on the victims of abuse.




Child Victims, Child Witnesses


Book Description

This volume presents a collection of chapters by top researchers reporting the new child witness research being conducted today. In these chapters, the authors confront the major societal issues and questions that arise when children must give testimony: Do children have the cognitive capacity to recall accurately and report past events? How can knowledge of children's memory be applied to understanding children's testimony in forensic situations? Do socio-emotional or motivational factors influence the accuracy of children's reports? Are children likely to conceal or fabricate information about past events? Are there special interview techniques that might enhance the likelihood of obtaining accurate information from child witnesses? Can jurors accurately evaluate the testimony of child witnesses? Are jurors biased in ways that might preclude the fair adjudication of trials involving child witnesses? What is the emotional impact on child witnesses of involvement in legal proceedings? This book will be an invaluable reference to anyone concerned with children's testimony legal, mental health, social service, and medical professionals, students of psychology, social policy, or law, as well as practitioners and researchers.




Preparing and Presenting Expert Testimony in Child Abuse Litigation


Book Description

I found the book extremely interesting and informative. I was particularly impressed with the practical advice given in the text, advice that is not often found in the legal literature. . . . The writing is clear and compelling, and Paul Stern′s style is perfect: he entertains as he educates. --Thomas D. Lyon, The Law School, University of Southern California, Los Angeles Called upon to educate courtroom decision makers, the expert witness provides testimony that is critical to achieving intelligent and just verdicts. Few judges and jury members possess the knowledge base needed to adequately understand complexities of human behavior as they relate to acts of interpersonal violence. While the lay witness can testify to actual incidents or observations, it is the "expert witness" who can provide forensic significance to such evidence. With this vital insight, courts can more accurately assess and weigh evidence, leading to more informed and appropriate decisions. Timely and accessible, The Preparation and Presentation of Expert Testimony clearly defines the need for and role of expert witnesses in litigation. Author Paul Stern demystifies the process while providing practical, stepwise guidance for those who want to prepare and present expert testimony with confidence and clarity. Beginning with discussions of the who, what, and why of expert testimony, the book also defines the role of the expert, including ethical and professional issues that may arise. Filled with tips, techniques, and case examples, chapters also show expert witnesses and attorneys how to prepare for court, how to present testimony in the most convincing and credible manner possible, how to deal with cross-examination, and how to cross-examine irresponsible expert witnesses. Anyone who may be called upon to testify--or participate in court in any way--in cases of interpersonal violence will find this book an invaluable resource. In particular, mental health professionals, medical personnel, scientists, investigators, attorneys, and judges will want to use the book to prepare themselves for the rigors involved in every aspect of expert testimony.







Prosecuting Conflict-related Sexual Violence at the ICTY


Book Description

Although sexual violence directed at both females and males is a reality in many on-going conflicts throughout the world today, accountability for the perpetrators of such violence remains the exception rather than the rule. While awareness of the problem is growing, more effective approaches are urgently needed for the investigation and prosecution of conflict-related sexual violence crimes. Upon its establishment in 1993, the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) began the challenging task of prosecuting the perpetrators of conflict-related sexual violence crimes, alongside the many other atrocities committed during the conflicts in the former Yugoslavia. This book documents the experiences, achievements, challenges, and fundamental insights of the OTP in prosecuting conflict-related sexual violence crimes at the ICTY over the past two decades. It draws on an extensive dossier of OTP documentation, court filings, trial exhibits, testimony, ICTY judgements, and other materials, as well as interviews with current and former OTP staff members. The authors provide a unique analytical perspective on the obstacles faced in prioritizing, investigating, and prosecuting conflict-related sexual violence crimes. While ICTY has made great strides in developing international criminal law in this area, this volume exposes the pressing need for determined and increasingly sophisticated strategies in order to overcome the ongoing obstacles in prosecuting conflict-related sexual violence crimes. The book presents concrete recommendations to inform future work being done at the national and international levels, including that of the International Criminal Court, international investigation commissions, and countries developing transitional justice processes. It provides an essential resource for investigators and criminal lawyers, human rights fact-finders, policy makers, rule of law experts, and academics.




Perspectives on Children’s Testimony


Book Description

Perspectives on Children's Testimony presents current empirical research on the factors which influence adults' perceptions of the child witness. This volume provides researchers in both the psychological and the criminal justice communities with knowledge about adult beliefs regarding child witnesses, how these beliefs may influence jury verdicts, and the relationship of these perceptions to the credibility and accuracy of children's testimony. A variety of new techniques are employed in assessing adult views of child witnesses. Special features of the volume include: an in-depth treatment of techniques of interviewing child victims of sexual abuse, an examination of children's perceptions and knowledge of the legal system, and critical and theoretical integrations of the original, empirical papers.




Psychological Science and the Law


Book Description

Psychological research can provide constructive explanations of key problems in the criminal justice system--and can help generate solutions. This state-of-the-art text dissects the psychological processes associated with fundamental legal questions: Is a suspect lying? Will an incarcerated individual be dangerous in the future? Is an eyewitness accurate? How can false memories be implanted? How do juries, experts, forensic examiners, and judges make decisions, and how can racial and other forms of bias be minimized? Chapters offer up-to-date reviews of relevant theory, experimental methods, and empirical findings. Specific recommendations are made for improving the quality of evidence and preserving the integrity of investigative and legal proceedings.




Myers on Evidence in Child, Domestic, and Elder Abuse Cases


Book Description

Investigating and litigating cases of interpersonal violence is difficult. With child and elder abuse, the vulnerability of the victim makes the work emotionally as well as legally taxing. With domestic violence, the tendency of some victims to




Victim Credibility in Adult Sexual Assault Cases


Book Description

The exercise of prosecutorial discretion is one of the most important but least understood aspects of the administration of criminal justice. This paper provides an insight into the case by case considerations that inform prosecutorial decisions in adult sexual assault cases, through a thematic analysis of interviews with 24 Crown prosecutors in five Australian jurisdictions. The interviews highlight the factors that prosecutors take into account when assessing victim credibility and deciding whether to prosecute. The paper also discusses prosecutors' views on jurors' attitudes to and defence lawyers' use of moral and gender stereotypes, and the problem of victim intoxication or substance use.