Description
Sexual cases are inherently complex and sometimes controversial presenting the practitioner with a multitude of procedural and legal challenges. The increasing number of sexual cases, often historic, places significant demands upon the criminal justice system. Sexual crime is recognised as a specialist area which demands unique skills from the practitioner and handling witness testimony in these cases calls for skills and knowledge that encompass both law and science. Witness Testimony in Sexual Cases focuses on legal and scientific considerations that arise when obtaining and evaluating sexual complaint testimony. It provides comprehensive and balanced coverage of this difficult and challenging topic across the complete spectrum of involvement in the legal process. This book equips legal professionals with an understanding of current legal and scientific issues when investigating, evaluating and testing witness testimony in sexual cases. Using a didactic approach the book combines an exposition on the law and procedure with a range of specialist perspectives on cognitive processes pertaining to vulnerable and non-vulnerable witnesses. The book identifies psychiatric and psychological factors that may enhance or impair the quality of witness testimony for instance where a witness suffers from mental health problems or where long-term memory recall is involved. The book provides practitioners with an understanding of factors which tend to undermine the reliability of witness testimony, but also focuses on those factors which may enhance witness quality. Witness Testimony in Sexual Cases draws together learning not readily available and encourages an integral and rigorous approach to the analysis of witness testimony in the special context of sexual cases.
About the Author
Pamela Radcliffe was called to the Bar in 1979. Her practice has spanned both criminal (defending) and family jurisdictions, encompassing a broad range of complex and grave allegations, including serious sexual assault. Radcliffe's academic interest lies in the interface between psychology and the law, especially memory science and criminal justice issues associated with serious sexual allegations. She advocates an interdisciplinary approach towards professional legal education. Radcliffe is also interested in European justice models and comparative approaches towards the investigation and trial treatment of serious sexual crime. She is a Visiting Research Fellow with the International Centre for Research in Forensic Psychology at the University of Portsmouth. She has addressed criminal justice professionals, academics and charitable organisations on aspects of serious sexual crime and related criminal justice issues. Gisli H Gudjonsson CBE is a Fellow of the British Psychological Society. He is a registered practitioner (clinical and forensic) with the Health Care Professions Council (HCPC). He is an Emeritus Professor of Forensic Psychology at the Institute of Psychiatry, King's College London and a Professor of Psychology at Reykjavik University. Prior to his retirement from King's College London on 1st January 2012 he was the Head of Forensic Psychology Services for the Lambeth Forensic Services and Medium Secure Unit at the South London and Maudsley NHS Trust (SLaM). He has as extensive experience as an expert witness in cases involving witness testimony and was a lay magistrate in Croydon between 1990-1999. Professor Gudjonsson has been awarded two lifetime achievement awards and was appointed CBE in 2011 for his contribution to clinical psychology. He is still active in conducting research and publishing academic papers relevant to psychology and law. Anthony Heaton-Armstrong is a practising barrister and author of numerous published texts concerning criminal investigations and procedure and lead editor of the book's two predecessors, Analysing Witness Testimony and Witness Testimony: Psychological, Investigative and Evidential Perspectives . He has very extensive experience of acting as a defence and prosecution advocate in cases involving allegations of serious sexual assault and is on the Crown Prosecution Service panel of specialist rape prosecutors. He has served on a number of Government Committees tasked to consider improvements to the England and Wales criminal justice system and is legal editor of Medicine Science and the Law, the journal of the British Academy of Forensic Sciences. He is a trustee of the charity 'Witness Confident', and the General Council of the Bar's representative on the Forensic Science Regulator's Quality Standards Specialist Group. David Wolchover has been a barrister in independent practice for well over forty years, specialising in criminal defence work at all levels of complexity and gravity. For over ten years he was Head of Chambers at 7 Bell Yard (now Church Court Chambers). He is the author or co-author of a number of text-books and numerous articles and papers mainly on criminal evidence and procedure, is an acknowledged expert on, among other topics, PACE, bail, visual identification procedures and certain aspects of the trial of sexual offences and has been instrumental in securing a number of legislative and procedural criminal justice reforms. His particular interest in the recording of witness statements and visual identification has led to his becoming an acknowledged expert on the "Lockerbie Bombing ", the destruction of Pan Am flight 103.
Reviews
Witness Testimony in Sexual Cases provides a wide-ranging and lucid analysis of the investigation and prosecution of sexual offenses. It is an invaluable source-book for legal practitioners, socio-legal scholars, criminology, law and psychology students ... In the light of a dramatic increase in prosecutions regarding historical sexual abuse, this book is also essential reading for prosecutors, defence lawyers and trial judges. * Dr Kevin Felstead, British False Memory Society *
This book is itself a reflection of changing attitudes on the part of investigators, medics and lawyers. The need for an inter-disciplinary approach to achieving best evidence is emphasised throughout. The editors are to be commended on gathering so many experts in their field and for marshalling their essays into a readable house style.This is a highly original book which combines evidential, investigatory and scientific perspectives. All parties engaged in this highly sensitive and difficult area of law will benefit from reading it. * Neil Corre, Barrister, Redbourne Chambers *
Understanding the difficulties faced by vulnerable and intimidated victims is essential to improving our service to them. This book will help investigators, lawyers and advocates to understand factors that can improve the quality of witness testimony in these complex cases. * Alison Saunders, Director of Public Prosecutions *
Like never before, there is a need for the conscientious practitioner in cases of a sexual nature to ensure that they are armed with the essentials of trial preparation and the practice of advocacy in this field. This work undoubtedly deserves to sit alongside Rook and Ward and the Toolkits from the Advocatesa Gateway on the practitioner's shelf, such is its worth and weight. * Tony Cross QC, former Chairman, Criminal Bar Association *
It would be difficult to find a more lucid analysis of statutory provision and of authority which can then be applied to the working day in Crown Courts nationwide. Struggling with the intractable is suddenly less worrying - it might not be intractable at all, given the accrued wisdom scholarship and good sense these pages offer. * The Right Honourable Lady Justice Rafferty QC, Chairman of the Board of the Judicial College of England and Wales *
This book is a wonderful resource and required reading for anyone who wants to understand this important subject. It combines a wealth of valuable information from different disciplines with great practical insight. * His Honour Judge Nicholas Hilliard QC, the Recorder of London *
This is a 'must-read' book for all legal justice professionals, and experts, concerned with sexual cases. It is written in a simple, comprehensible way by leading academics, authoritative experts and senior practitioners. The diverse background of the contributing authors leads to a refreshing mix of styles, akin to attending a conference with a variety of speakers. Witness Testimony in Sexual Cases identifies and achieves the difficult task of bridging the knowledge gap that sometimes exists between the law and science in courts, especially in relation to the psychological sciences. The short chapters make the messages contained within them very easy to absorb. The international comparative perspective provides a stimulating and added dynamic to the text. This book will be an invaluable resource for every lawyer and justice professional, whether in the family, criminal or regulatory arena. * Leslie Cuthbert, Vice-Chair of the Solicitors Association of Higher Court Advocates *
The investigation and prosecution of sexual offences presents a unique challenge for all those involved in the criminal justice system including police officers, lawyers and juries. This book provides very useful guidance and advice to those practitioners who wrestle daily with the complexities of understanding and explaining context around issues such as memory recall and managing the vulnerabilities of witnesses, and then navigating them through what can be a harrowing process. Additionally, for leaders and policy makers alike, it raises important challenges for our continued efforts to develop a system that provides the support, and, more importantly, the justice that victims deserve. * Assistant Commissioner Martin Hewitt QPM, National Policing Lead for Adult Sexual Offences *
Book Information
ISBN 9780199672936
Author Pamela Radcliffe
Format Paperback
Page Count 464
Imprint Oxford University Press
Publisher Oxford University Press
Weight(grams) 822g
Dimensions(mm) 247mm * 179mm * 25mm
About the Author
Pamela Radcliffe was called to the Bar in 1979. Her practice has spanned both criminal (defending) and family jurisdictions, encompassing a broad range of complex and grave allegations, including serious sexual assault. Radcliffe's academic interest lies in the interface between psychology and the law, especially memory science and criminal justice issues associated with serious sexual allegations. She advocates an interdisciplinary approach towards professional legal education. Radcliffe is also interested in European justice models and comparative approaches towards the investigation and trial treatment of serious sexual crime. She is a Visiting Research Fellow with the International Centre for Research in Forensic Psychology at the University of Portsmouth. She has addressed criminal justice professionals, academics and charitable organisations on aspects of serious sexual crime and related criminal justice issues. Gisli H Gudjonsson CBE is a Fellow of the British Psychological Society. He is a registered practitioner (clinical and forensic) with the Health Care Professions Council (HCPC). He is an Emeritus Professor of Forensic Psychology at the Institute of Psychiatry, King's College London and a Professor of Psychology at Reykjavik University. Prior to his retirement from King's College London on 1st January 2012 he was the Head of Forensic Psychology Services for the Lambeth Forensic Services and Medium Secure Unit at the South London and Maudsley NHS Trust (SLaM). He has as extensive experience as an expert witness in cases involving witness testimony and was a lay magistrate in Croydon between 1990-1999. Professor Gudjonsson has been awarded two lifetime achievement awards and was appointed CBE in 2011 for his contribution to clinical psychology. He is still active in conducting research and publishing academic papers relevant to psychology and law. Anthony Heaton-Armstrong is a practising barrister and author of numerous published texts concerning criminal investigations and procedure and lead editor of the book's two predecessors, Analysing Witness Testimony and Witness Testimony: Psychological, Investigative and Evidential Perspectives . He has very extensive experience of acting as a defence and prosecution advocate in cases involving allegations of serious sexual assault and is on the Crown Prosecution Service panel of specialist rape prosecutors. He has served on a number of Government Committees tasked to consider improvements to the England and Wales criminal justice system and is legal editor of Medicine Science and the Law, the journal of the British Academy of Forensic Sciences. He is a trustee of the charity 'Witness Confident', and the General Council of the Bar's representative on the Forensic Science Regulator's Quality Standards Specialist Group. David Wolchover has been a barrister in independent practice for well over forty years, specialising in criminal defence work at all levels of complexity and gravity. For over ten years he was Head of Chambers at 7 Bell Yard (now Church Court Chambers). He is the author or co-author of a number of text-books and numerous articles and papers mainly on criminal evidence and procedure, is an acknowledged expert on, among other topics, PACE, bail, visual identification procedures and certain aspects of the trial of sexual offences and has been instrumental in securing a number of legislative and procedural criminal justice reforms. His particular interest in the recording of witness statements and visual identification has led to his becoming an acknowledged expert on the "Lockerbie Bombing ", the destruction of Pan Am flight 103.
Reviews
Witness Testimony in Sexual Cases provides a wide-ranging and lucid analysis of the investigation and prosecution of sexual offenses. It is an invaluable source-book for legal practitioners, socio-legal scholars, criminology, law and psychology students ... In the light of a dramatic increase in prosecutions regarding historical sexual abuse, this book is also essential reading for prosecutors, defence lawyers and trial judges. * Dr Kevin Felstead, British False Memory Society *
This book is itself a reflection of changing attitudes on the part of investigators, medics and lawyers. The need for an inter-disciplinary approach to achieving best evidence is emphasised throughout. The editors are to be commended on gathering so many experts in their field and for marshalling their essays into a readable house style.This is a highly original book which combines evidential, investigatory and scientific perspectives. All parties engaged in this highly sensitive and difficult area of law will benefit from reading it. * Neil Corre, Barrister, Redbourne Chambers *
Understanding the difficulties faced by vulnerable and intimidated victims is essential to improving our service to them. This book will help investigators, lawyers and advocates to understand factors that can improve the quality of witness testimony in these complex cases. * Alison Saunders, Director of Public Prosecutions *
Like never before, there is a need for the conscientious practitioner in cases of a sexual nature to ensure that they are armed with the essentials of trial preparation and the practice of advocacy in this field. This work undoubtedly deserves to sit alongside Rook and Ward and the Toolkits from the Advocatesa Gateway on the practitioner's shelf, such is its worth and weight. * Tony Cross QC, former Chairman, Criminal Bar Association *
It would be difficult to find a more lucid analysis of statutory provision and of authority which can then be applied to the working day in Crown Courts nationwide. Struggling with the intractable is suddenly less worrying - it might not be intractable at all, given the accrued wisdom scholarship and good sense these pages offer. * The Right Honourable Lady Justice Rafferty QC, Chairman of the Board of the Judicial College of England and Wales *
This book is a wonderful resource and required reading for anyone who wants to understand this important subject. It combines a wealth of valuable information from different disciplines with great practical insight. * His Honour Judge Nicholas Hilliard QC, the Recorder of London *
This is a 'must-read' book for all legal justice professionals, and experts, concerned with sexual cases. It is written in a simple, comprehensible way by leading academics, authoritative experts and senior practitioners. The diverse background of the contributing authors leads to a refreshing mix of styles, akin to attending a conference with a variety of speakers. Witness Testimony in Sexual Cases identifies and achieves the difficult task of bridging the knowledge gap that sometimes exists between the law and science in courts, especially in relation to the psychological sciences. The short chapters make the messages contained within them very easy to absorb. The international comparative perspective provides a stimulating and added dynamic to the text. This book will be an invaluable resource for every lawyer and justice professional, whether in the family, criminal or regulatory arena. * Leslie Cuthbert, Vice-Chair of the Solicitors Association of Higher Court Advocates *
The investigation and prosecution of sexual offences presents a unique challenge for all those involved in the criminal justice system including police officers, lawyers and juries. This book provides very useful guidance and advice to those practitioners who wrestle daily with the complexities of understanding and explaining context around issues such as memory recall and managing the vulnerabilities of witnesses, and then navigating them through what can be a harrowing process. Additionally, for leaders and policy makers alike, it raises important challenges for our continued efforts to develop a system that provides the support, and, more importantly, the justice that victims deserve. * Assistant Commissioner Martin Hewitt QPM, National Policing Lead for Adult Sexual Offences *
Book Information
ISBN 9780199672936
Author Pamela Radcliffe
Format Paperback
Page Count 464
Imprint Oxford University Press
Publisher Oxford University Press
Weight(grams) 822g
Dimensions(mm) 247mm * 179mm * 25mm
