The Use and Abuse of Special Measures: Giving Victims the Choice?
'Special measures' were introduced into the English system of criminal trials under the Youth Justice and Criminal Evidence Act 1999. Their stated purpose is to facilitate better evidence from 'vulnerable and intimidated' witnesses giving evidence, through the provision of equipm...
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| Format: | Print Article |
| Language: | Undetermined language |
| Published: |
2007
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| In: |
Journal of Scandinavian studies in criminology and crime prevention
Year: 2007, Volume: 8, Pages: 33-53 |
| Check availability: | HBZ Gateway |
| Keywords: |
| Summary: | 'Special measures' were introduced into the English system of criminal trials under the Youth Justice and Criminal Evidence Act 1999. Their stated purpose is to facilitate better evidence from 'vulnerable and intimidated' witnesses giving evidence, through the provision of equipment such as video-links and screens. This paper draws upon ethnographic research carried out in criminal courts in England and Wales to shed light on the application of such measures in practice, especially in relation to victims of crime. Criticisms are made of a system which seems in some cases to compel victims to give evidence through special measures without affording them much (if any) choice or considering how they would feel most comfortable presenting their accounts to the court. The results, it is argued, are increased stress for the victims and the danger of them withdrawing support for the process; neither of which seems in keeping with the government's pledge to put victims 'at the heart' of criminal justice, and may also be counterproductive to victims' 'account-making' exercise |
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| ISSN: | 1404-3858 |
