Monday, December 30, 2019

Does the Current Law Protect Vulnerable and Intimidated Witnesses Adequately - Free Essay Example

Sample details Pages: 7 Words: 2229 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Tags: Act Essay Did you like this example? Are vulnerable and intimidated witnesses adequately protected during cross-examination under the current law? To appear as a witness in a criminal trial has been described as a terrifying, intimidating, difficult and stressful ordeal.[1] It is not an easy experience for vulnerable and intimidated witnesses when the issue of giving evidence about the incident they were involved in is in question. This is because while the witnesses are giving evidence in court they are most likely to re-live the incident and the pain they suffered, and psychologically, this is very damaging. There are a range of measures enshrined in statute to protect victims of sexual offences in court, although these are now interpreted in light of Article 6 of the Human Rights Act, which provides the defendant with a right to a fair trial. Don’t waste time! Our writers will create an original "Does the Current Law Protect Vulnerable and Intimidated Witnesses Adequately?" essay for you Create order Section 41 of the Youth Justice and Criminal Evidence Act 1999 (YJCEA) restricts the circumstances in which evidence or questions about the sexual behaviour of a complainant outside the circumstances of the alleged offence can be introduced. Moreover, the Youth Justice and Criminal Evidence Act 1999 introduced a range of measures that can be used to facilitate the gathering and giving of evidence by vulnerable and intimidated witnesses which are collectively known as Special Measures. Nevertheless, the cross-examination of vulnerable and intimidated witnesses is a significant issue, as Andrew Norfolk, chief investigative reporter of The Times has underlined in his articles.[2] The complainant of a sexual offence could previously be cross-examined about being a prostitute or about indiscriminate promiscuity in order to show that she was not to be trusted. There was a tendency to explore the victimà ¢Ã¢â€š ¬Ã¢â€ž ¢s past sexual experience to try and blemish her character. This some times had the reserve effect of putting the victim on trial. As a result, victims of sexual offences felt intimidated and were deterred from bringing their case forward. Section 41(1) of the YJCEA puts a significant restriction on the way the defence may conduct its case where the defendant is charged with a sexual offence. Section 41(1) stipulates that if an accused is charged with a sexual offence, then no evidence can be adduced nor can questions be asked in cross-examination of the complainantà ¢Ã¢â€š ¬Ã¢â€ž ¢s sexual behavior, unless leave is obtained from the court. To add more, under section 34 of the Youth Justice and Criminal Evidence Act 1999 defendants who are charged with rape or certain other sexual offences, are not allowed to cross-examine the victim themselves. The restrictions in s 41 reduce trauma on the complainant from à ¢Ã¢â€š ¬Ã…“being put under trialà ¢Ã¢â€š ¬Ã‚  and they encourage victims of sexual offences to come forward with their case. Special Me asures are a series of provisions that help vulnerable and intimidated witnesses give their best evidence in court and help to relieve some of the stress associated with giving evidence. The special measures available to vulnerable and intimidated witnesses include screens to shield the witness from the defendant, live link enabling the witness to give evidence during the trial from outside the court through a televised link to the courtroom, evidence given in private exclusion, removal of wigs and gowns by judges and barristers, video-recorded interview, examination of the witness through an intermediary who is appointed by the court to assist the witness to give their evidence at court, aids to communication to enable a witness to give best evidence through a communicator or interpreter, or through a communication aid or technique, provided that the communication can be independently verified and understood by the court. The special measures also include video-recorded cross exami nation (section 28) which is not yet in force. However the 1999 Act is highly criticised by researchers for doing nothing to address the fundamental issue of the traumatic experience of cross examination for victims. On the other hand a researcher named Birch also found that the measures for vulnerable witnesses had not been fully implemented nationwide and that the police and the Crown Prosecution Service had many difficulties in identifying who was vulnerable and therefore eligible for the special measures under the 1999 Act. Consequently during the process of identifying vulnerable witnesses, many witnesses who were in fact truly vulnerable remained unidentified and unprotected. This is evidence that the measures introduced by the Youth Justice and Criminal Evidence Act 1999 are not operating sufficiently enough to protect all the vulnerable witnesses as it fails to identify and protect many of them. Furthermore, in a recent article in The Guardian, Justice minister Damian Green says aggressive cross-examination from multiple defence barristers has left victims deeply traumatized. He raised concerns about the treatment of victims in the recent trial of a gang who ran a child prostitution ring. A girl had been sold to men across England since the age of 13 and she was cross-examined by seven defence barristers over 12 days. He says that victims have to endure a double trauma, first at the hands of those who have harmed them and then face torturous cross-examination and degrading questions from multiple defence counsels. He also adds that this is not the best way to obtain sound and accurate evidence to protect vulnerable witnesses, and that recent announcements such as enabling the use of pre-recorded interviewing in safe spaces go some way to redress the balance for victims. He also says that much more should be done, such as the better use of special measures and compulsory training for defence barristers on how to handle young and vulnerable witness es. To add more, a girl who gave evidence in court about presumably being sexually abused by her father has told The Independent how aggressive cross-examination left her so traumatised that the case had to be abandoned. In the recent Oxford abuse trial, a witness was in such an emotional state during questioning that she had to halt the process repeatedly to throw up. Judges and ministers are considering proposals to make giving evidence less traumatic for child abuse victims. In fact there already exist some protections for child witnesses during trials which include getting judges and barristers to remove their wigs and allowing children to give testimony via video link from an adjacent room but legal experts say they do not go far enough. Pre-recorded cross-examination for child abuse victims was first proposed in 1989 and legalised in 1999 but the law has not yet been implemented till now which means that children continue to suffer needlessly. Another recent article i n The Telegraph mentions that the Justice Secretary, Mr Grayling wants to give witnesses the chance to pre-record evidence for criminal trials to avoid cases such as that of Frances Andrade who killed herself after being cross examined at Manchester Crown Court. The 48-year-old mother of four and violin teacher took her life during the trial of choirmaster Michael Brewer. The latter was later convicted of child sex offences against Frances Andrade when she was 14 and 15 years old. Andrade texted a friend three days before her death to say that she felt as if she had been raped all over again as Brewers barrister attempted to undermine her testimony. Mr Grayling said that vulnerable witnesses must in future be spared from the aggressive and intimidating atmosphere in courtrooms. He also added that the hostile treatment of victims and witnesses in court has nothing to do with fairness or justice and that it is not right that young and vulnerable victims are forced to relive that tr aumatic experience when cross-examined in court. Moreover, in a recent article by Dr Emily Henderson is found three main aspects of conventional cross-examination which the Court of Appeal targets for reform. First is the issue of miscommunication through the use of developmentally inappropriate language. Secondly, there is the use of suggestive questions. The third and the most overtly controversial is the use of cross- examination to confront the witness. The Court of Appeal said in the case of Barker that the task of the advocate is to formulate short, simple questions which put the essential elements of the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s case to the witnessand to ensure that their questions are comprehensible to the witness. The case of Barker concerned an appeal against conviction for the anal rape of a two year old child. The complainant was four by the time she was cross-examined and was the youngest person ever called in the Old Bailey. Barker appealed, inter alia, on th e basis that a series of apparently nonsensical answers by the child under cross- examination showed that she had been incompetent to give evidence. The defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s counsel had tried to test the four year old childà ¢Ã¢â€š ¬Ã¢â€ž ¢s understanding of lying, using himself as an example. Firstly, he asked the child to tell him his name, Bernard, and then asked whether his name was that of the police interviewer, Kate. The child could not remember his name therefore the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s counsel tried another example. He asked the child if he told her it was Sunday, would that amount to a fib. The child nodded. However, when he asked what day of the week it was then the child suddenly announced Your name is Bernard. The Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s response was that the problem was not in the childà ¢Ã¢â€š ¬Ã¢â€ž ¢s understanding but in the complexity and pace of questioning. The Court of Appeal found that the fault was in the counselà ¢Ã¢â€š ¬Ã¢â€ž ¢s use of developmentally inappropriate language. This is clear evidence that vulnerable and intimidated witnesses are not sufficiently protected. Next there is the problem of cross-examination which contaminates evidence by suggestion. In W and M, two boys aged 10 and 11 years old were convicted of sexual offences but in each case, the complainant, an eight-year old girl, had withdrawn her key accusations under cross- examination. The Court of Appeal however, concluded that the retractions were unreliable because they were obtained by the use of highly suggestive questioning such as à ¢Ã¢â€š ¬Ã‹Å"This happened, didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t it?à ¢Ã¢â€š ¬Ã¢â€ž ¢ This is another evidence that the current law is not offering an adequate amount of protection to vulnerable witnesses. The Courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s message is that cross-examiners must avoid contaminating the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s answers. Questions may be quite clear but not permissible because they pressure the witness to respo nd in one way or another. In the case of W and M, the court said that there is undoubtedly a danger of a child witness wishing simply to please. There is undoubtedly a danger of a child witness seeing that to assent to what is put may bring the questioning process to a speedier conclusion than to disagreeà ¢Ã¢â€š ¬Ã‚ ¦.. It is generally recognised that particularly with child witnesses short and untagged questions are best at eliciting the evidence. By untagged we mean questions [which] do not contain a statement of the answer which is sought. In the case of E, the Court of Appeal repeated that heavily suggestive questions are not permissible because of the risk that the witness will become confused. There is also the issue of substantive challenges which are put to the witness during cross- examination to challenge the witnessà ¢Ã¢â€š ¬Ã¢â€ž ¢s evidence. Telling children of tender years that they are lying can lead to confusion and worse, to capitulation. It has been shown in the case of E that young children are scared of disagreeing with a mature adult whom they do not wish to confront.Many children, even if there are honest, will find accusations of lying incredibly stressfuland their ability to respond meaningfully will be severely disrupted. In Barker, however, the Court declared that the detailed questioning desired by counsel was not necessary and that aspects of evidence which undermine the childà ¢Ã¢â€š ¬Ã¢â€ž ¢s credibility must be revealed to the jury but it is not necessarily appropriate for them to form the subject matter of detailed cross- examination of the child. Also, in W and M, where the complainant was eight years old, the trial judge who made it clear that counsel need not feel that they must examine individual contentions item by item. Next, the case of E concerned allegations of physical assault by a step father on his six year old step daughter. The judge directed that defence counsel should not put questions to the witness me rely for the purpose of a formal challenge. In my view, the fundamental purpose of cross- examination in a criminal trial is to investigate the evidence. Confusing and suggestive questions which exploit the developmental limitations of a vulnerable person should no longer acceptable. Neither should it be acceptable to use cross- examination to launch purely symbolic challenges. This is not the proper function of cross-examination. It is sad to say that vulnerable witnesses are not sufficiently protected during cross-examination. In Barker the child was four and in E, the child was six and the Court did not criticise the failure to appoint a Registered Intermediary to assess the childrenà ¢Ã¢â€š ¬Ã¢â€ž ¢s communication abilities and advise the advocate on framing appropriate questions. The question to be asked is whether matters would have gone as badly awry as they did had a Registered Intermediary been appointed who could have assisted with communication with the young and vuln erable witnesses. Maybe it is high time that s 28 of the YJCEA 1999 is implemented which can, if not eliminate, mitigate the harm that vulnerable and intimidated witnesses suffer during cross-examination. 2,248 words [1] Vulnerable and Intimidated Witnesses and the Adversarial Process in England and Wales [article] International Journal of Evidence Proof , Vol. 11, Issue 1 (2007), pp. 1-23 [2] See the series of articles by Andrew Norfolk in The Times May 2013à ¢Ã¢â€š ¬Ã¢â‚¬Å"Sept 2013.

Sunday, December 22, 2019

Madness and the Freedom to Live Into the Wild - 1035 Words

Madness and the Freedom to Live: Into The Wild A young man, living in a comfortable civilized environment leaves society and all the benefits that he had behind him to build a new life. The novel Into the Wild by Jon Krakauer tells the story of a young man, Chris McCandless who had always believed his life ritual was based on mental knowledge. The existential mind of McCandless seemed to prove this statement true. His effort he put into his work was nothing compared to what would lie ahead on this so called â€Å"journey† of his. He loved the fact that each day he had the possibility of being exciting, different, or even dangerous. Chris was different in the way he wanted to experience life. He wanted to be alone and took no joy in the†¦show more content†¦This is an extremely relevant statement about McCandless and his actions. It illustrates the observations between him, and his father. He may be a very intelligent person, and he may be a straight â€Å"A† student, but the failure to be able to obtain a good, close relationship with his father drove him away. But if any person ever got the chance to go through something like McCandless did they would be very distant as well. The fortunate aspects and outcomes of such, allowed him to start over and begin a new life of his own. â€Å"Rather than love, than money, than fame, give me truth. I sat at a table where rich food and wine in abundance, and obsequious attendance, but sincerity and truth were not; and I went away hungry from the inhospitable board. The hospitality was as cold as the ices† -Henry David Thoreau (Krakauer 117). This quote emphasizes the fact of McCandless looking for something that could not be found. The truth he looked for every day of his life had the inability to stay hidden. It tended to squish though ever crack and crevice in the wall his father tried to put up between them. All McCandless wanted was the truth, and all his father had done was separate himself from McCandless more and more. He wanted nothing more in lifeShow MoreRelatedExamine the Ways in Which Rhys Demonstrates How Women Are Victims of a Patriarchal Society in Wide Sargasso Sea.1605 Words   |  7 Pagesby men, and a history of the world defined by men’s actions. Rhys presents her interpretation and opinions on first-wave feminism in Wide Sargasso Sea. Second wave feminism and beyond suggests that men exploit women in nearly every aspect of their lives. Radical feminists define patriarchy as ‘a system of social structures and practises in which men dominate, oppress and exploit’. Wide Sargasso Sea purposely highlights problems in its conceptions of gender. It is suggested that all women, includingRead MoreCharlotte Bronte: The Social Critic1732 Words   |  7 Pageseffect upon the mindset of Victorian society, as its publication ended the silence on social justice and set off an ‘eruption’, leading to sweeping reforms. The novel revolves around the moral and spiritual journey of Jane Eyre, an orphan who values freedom and struggles to break free of Victorian-era standards. Brontà « satirizes these standards through her portrayal of the lower classes, mental illness, and orphans. Jane is critical of Victorian England society’s devaluation of people due to their socialRead MoreJane Eyre Character Analysis1588 Words   |  7 Pagesperfectly intact and all Bertha does is rip her veil. Why would someone so demonic, violent, and terrible, pass up a perfect opportunity to kill? She doesn’t want to kill Jane, she is not a monster. Jane and Rochester paint Bertha as a beast of a woman, wild, untamed, hungry for blood, but that is simply not the case. 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Saturday, December 14, 2019

Hamlets Tragic Flaw Free Essays

Procrastination is an action or rather an inaction, because when you procrastinate, you are avoiding completing a task. â€Å"Emotionally, Hamlet’s procrastination produces in him a growing rage that leads to his killing of Polonius (3. 4) †¦. We will write a custom essay sample on Hamlets Tragic Flaw or any similar topic only for you Order Now Set in motion the incidents that lead to the bloody climax† (Boyce). This quote illustrates the topic of the following essay. It clearly outlines why the inability to act is ultimately the tragic flaw of the character Hamlet. Firstly, Hamlet’s procrastination ultimately leads to the premature death of many characters throughout the play. In act 3 scene 4, while confronting his mother, Hamlet hears a noise from behind a curtain. Thinking it was Claudius spying, Hamlet passes his sword through the curtain and stabs Polonius. Polonius calls out â€Å"O, I am slain! †(3. 4. 22), then falls and dies. Hamlets Procrastination led to this because his emotions are being built up so, that when he hears the slightest thing that may be Claudius, he reacts in a violent way. That is not a good thing, because the death of Polonius will lead to two other events that will eventually cause three other characters to die. Moreover, in the final scene, three more characters die. Claudius has a cup of poisoned wine for Hamlet, but Gertrude unknowingly drinks it and immediately starts to die. Just before she passes, she exclaims â€Å"No! No! The drink, the drink – O my dear Hamlet – the drink, the drink! I am poisn’d (dies)† (5. 2. 299-300). After Gertrude dies, Hamlet and Laertes fight more violently, and Laertes cuts Hamlet. In a brawl, Hamlet gets a hold of Laertes’ sword and stabs him. When Hamlet realizes the sword is poisoned, he turns and stabs Claudius. Hamlet says â€Å"†¦the point envenomed too†¦ (stabs the king)†¦ Follow my mother! (Claudius dies)† (5. 2. 311-317). After Claudius dies, Laertes says to Hamlet â€Å"†¦he is justly served†¦Ã¢â‚¬  (5. 2. 318-322) then dies. He says this to reassure Hamlet that he did the right thing. Hamlet’s procrastination led to the climax of the play, because if he would have killed Claudius sooner, he would have discovered that Hamlet knows about the murder and he never would have called the sword fight, and none of this brutality would have occurred. Secondly, Hamlet’s procrastination is causing other characters to plot against him. After Hamlet killed Polonius, Claudius plans to ship Hamlet away to England and make Polonius’ death look accidental. When he reveals his plan, he is talking to Gertrude and says â€Å"O Gertrude, come away! / The sun no sooner shall the mountains touch, / But we will ship him hence: and this vile deed / We must with all our majesty and skill, / Both countenance and excuse! † (4. 1. 28-32). He is simply telling Gertrude that Hamlet will be on a ship to England before the sun rises. He also adds that they must both â€Å"countenance and excuse† the death of Polonius to protect their identity. Furthermore, when Laertes hears of his father’s death, he returns to Denmark, and he and Claudius plan to kill Hamlet and make it look like an accident. The king devises a plan and tells Laertes â€Å"to thine own peace†¦ he shall not choose but fall†¦ even his mother†¦ shall call it accident† (4. 7. 61-68). Laertes is not fully satisfied with the kings plan and he says to Claudius â€Å"My Lord, I will be ruled; / The rather if you devise it so / That I might be the organ† (4. 7. 69-70). Laertes and Claudius devise a plan in which Laertes will kill Hamlet to avenge his father’s death, and Claudius will not need to worry about Hamlet revealing the truth of King Hamlet’s murder. Lastly, Hamlet’s procrastination allows time for events to unfold, ultimately bringing about his own death. Claudius caught on that Hamlet knows what happened to his father, so Claudius has Hamlet fight Laertes in a fencing match. We find out about this plan when a lord comes to invite Hamlet to the match. The lord entered the room where Hamlet was and said â€Å"My Lord, his majesty†¦ if your / Pleasure hold to play with Laertes† (5. . 186-190). Hamlet accepts the invitation to the match. The purpose of the fencing match is for Laertes to get revenge on Hamlet for killing Polonius. This will also serve as a means for Claudius to eliminate Hamlet so that he will not reveal the truth about King Hamlet’s murder. Furthermore, unbeknownst to Hamlet, the match is rigged. When Claudius tells Laertes that he is to kill Hamlet in the fencing match, Laertes responds â€Å"I will do’t†¦ I will anoint my sword. / I bought an unction of a mountebank, so mortal†¦ if I gall him slightly, / It may be death† (4. 7. 140-148). He says this because he wants to inform the reader that he will poison his sword to ensure Hamlet dies if he cuts him even slightly. This shows how determined Laertes is to get revenge on Hamlet for killing Polonius. Therefore, the tragic flaw of Hamlet is ultimately procrastination. There are many examples throughout the play supporting this fact. If the other characters would have procrastinated the way Hamlet did, the play would have been much heavier with subplots and underlying moods and feelings. Based on this play, most people would think twice before putting off any large tasks that they may need to accomplish. How to cite Hamlets Tragic Flaw, Papers

Thursday, December 5, 2019

Definition Paper on Faith free essay sample

Next, I asked a classmate who is Catholic and has grown up In a deferent racial culture than myself. She said faith means beveling In something that Is unseen. Despite the fact that she has never seen something, she still has faith In It. Without knowing her life story, I can tell from her deflation that she has had to rely on her faith several times. Then I went on to ask my mother, a youth minister and devout Christian, what the word faith means to her. She responded by saying faith is a lifestyle that you must walk every day; you just believe and have a hope of things to come even when there is no evidence of it coming.My mother is a woman who has had to endure many trials and tribulations, so her faith has become a lifestyle for her. She has always had to believe that God will fix it, without actually seeing his face. We will write a custom essay sample on Definition Paper on Faith or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Togged a males perspective on the definition of faith I asked my uncle, whose life has had lots of ups and downs. He defined faith as a strong belief, a spiritual connection and confidence. He associates faith with his connection to God, which gives him confidence about himself. Finally I asked my mothers assistant at work, who Is much older and a Jehovah Witness. She defined faith as a belief based on knowledge. After asking several people about what faith means to them, I sat down and I thought about what it means to me. The definition of faith that I live by is total and complete trust in God. Its knowing that God will get you through anything without any questions asked. Faith is a connection with God that believers long for. I have relied on my faith my whole life even as a naive child. I might not have known the exact meaning of faith, but I still knew how to Ely on it. For example, when I was in elementary school and my great grandmother became seriously ill I had to have faith that she would be alright. To this day I am still relying on my faith. But, just like everyone else I still question my faith when things in my life arena so great. Even Mother Theresa questioned her faith. She did not know If her good works were worth doing because she wasnt reaping the rewards of her good faith. But faith Is also patience and understanding. A person must know In his/her heart that everything will be alright. Eventually everyone will be rewarded or their faith.Faith is believing in what cant be seen, like what my family and friends someone they know. Even though each persons definition might be written in a different text it still means the same as the overall meaning. My faith may not be as important as the person sitting next to me but in reality we still will have the same meaning of faith. To sum up the definitions of my family and friends I have come up with a universal definition that everyone can relate to. Faith is to believe what we do not see and the reward of faith is to see what we believe.