1st Edition
Vulnerability, the Accused, and the Criminal Justice System Multi-jurisdictional Perspectives
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, addressing both child and adult accused persons. Leading and emerging scholars, along with practitioners with experience working in the field, explore and unpack the human rights and procedural implications of suspect and defendant vulnerability and examine how their needs are supported or disregarded. Drawing upon different disciplinary approaches and a range of analyses – doctrinal, theoretical and empirical – this book offers unique insights into the vulnerability and treatment of the criminal accused. In bringing together a diverse range of perspectives, the book offers key insights into the recognition of and responses to vulnerability among suspect and defendant populations in criminal justice systems across European jurisdictions. The book will be a valuable resource for academics, practitioners and policymakers interested in how vulnerable suspects and defendants are protected throughout the criminal process, and those working in the areas of law, criminology, sociology, human rights and psychology.
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.
