1st Edition

Vulnerability, the Accused, and the Criminal Justice System Multi-jurisdictional Perspectives

232 Pages
by Routledge

232 Pages
by Routledge

232 Pages
by Routledge

This book is concerned with the vulnerability of suspects and defendants in criminal proceedings and the extent to which the vulnerable accused can effectively participate in the criminal process. Commencing with an exploration of how vulnerability is defined and identified, the collection examines and analyses how vulnerability manifests and is addressed at the police station and in court,... Read more

List of Tables

List of Contributors

Foreword – Professor Penny Cooper

Introduction: The Vulnerable Accused in the Criminal Justice System – Samantha Fairclough, Lore Mergaerts, Roxanna Dehaghani

Part 1: The Implementation of the European Framework

Chapter 1: Access to Justice for Persons with Disabilities as Suspects of Crime: The Transformative Power of Human Rights – Donna McNamara

Chapter 2: The Impact of the Procedural Rights Directives on Juvenile Suspects and Defendants – Jantien Leenknecht

Chapter 3: Assessing Vulnerability Prior to and During Police Questioning: Responsibilities and Training in Belgium and The Netherlands – Lore Mergaerts

Chapter 4: The Identification of Psychological Vulnerabilities and Suspect Interviews – Kasia Uzieblo & Miet Vanderhallen

Part 2: Responses to Suspect Vulnerability

Chapter 5: Vulnerable Suspects, Access to a Lawyer and the Right to a Fair Trial in Ireland – Alan Cusack, Shane Kilcommins, Gautam Gulati & Colum Dunne

Chapter 6: Children’s Rights and Police Questioning: The Right to a Lawyer – Louise Forde & Ursula Kilkelly

Chapter 7: Behind Closed Doors: Protections for Child Suspects in Police Custody – Miranda Bevan

Chapter 8: The Right to an Interpreter: Taking Stock, Looking Forward – Heidi Salaets, Katalin Balogh & Stefan Aelbrecht

Part 3: Responses to Vulnerability in the Courts

Chapter 9: Speech, Language and Communication Needs and the Role of the Speech and Language Therapist – Kim Turner and Claire Westwood

Chapter 10: Vulnerable Defendants, Special Measures and Miscarriages of Justice in England and Wales – Samantha Fairclough and Holly Greenwood

Chapter 11: The Role of the Intermediary in Ensuring the Effective Participation of Vulnerable Defendants – Joanne Morrison and John Taggart

Chapter 12: The Vulnerable Accused and the Limits of Legal Aid – Roxanna Dehaghani, Rebecca K Helm and Daniel Newman

Conclusion: challenges and future avenues to adequately protect the vulnerable accused – Lore Mergaerts, Roxanna Dehaghani, Samantha Fairclough

Biography

Roxanna Dehaghani is Senior Lecturer in Law, Cardiff School of Law and Politics, Cardiff University, UK.

Samantha Fairclough is Associate Professor in Law, Birmingham Law School, University of Birmingham, UK.

Lore Mergaerts is a Postdoctoral Researcher, Leuven Institute of Criminology, KU Leuven, Belgium and a Lecturer in Forensic and Legal Psychology, Erasmus School of Social and Behavioural Sciences, Erasmus University Rotterdam, the Netherlands.