Relevant bibliographies by topics / Child witnesses Australia

Academic literature on the topic 'Child witnesses Australia'

Author: Grafiati
Published: 10 December 2022
Last updated: 29 January 2023

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Journal articles on the topic "Child witnesses Australia"

1

Wood, Ellen, Paul Harpur, and Nancy Pachana. "Teaching an old dog new tricks: Using courthouse facility dogs in Australia." Alternative Law Journal 43, no. 2 (June 2018): 89–95. http://dx.doi.org/10.1177/1037969x18767694.

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Courthouse facility dogs are increasingly used to support child witnesses and complainants during testimony in courtrooms across the globe. Although already commonplace in the United States, this practice has been largely unexplored in the Australian context. This paper puts forward the case for courthouse facility dogs in Australia and offers some insight into striking the delicate balance between protecting defendants’ rights to a fair trial, and improving the efficiency and quality of the legal system for vulnerable witnesses and victims.
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2

Tohvelmann, Mari-Liis, and Kristjan Kask. "From Child to Adult Victims and Witnesses: Ways of Improving the Quality of Investigative Interviews." Juridica International 31 (October 25, 2022): 136–46. http://dx.doi.org/10.12697/ji.2022.31.10.

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Witness statements are important piece of evidence in criminal proceedings. Investigative interviews with witnesses are conducted in various stages of the investigative process, and the person conducting the investigative interview must take into account internal and external factors, that influence the quality of witnesses’ statements. The paper gives a systematic overview of the ways of improving the quality of investigative interviews of adult witnesses carried out by investigators, on the basis of a survey of the literature available from continental Europe but also Common Law countries (such as the UK, the US, and Australia). Even though detailed instructions and in-depth training programmes are available, today’s training consists largely of theoretical classroom lectures of a short-term nature that feature minimal practical tasks. Teaching methods of this type are effective in increasing knowledge but fail to transfer the knowledge into practice. Accordingly, the authors found that the training should be more practically oriented, have a longer duration, and incorporate personalised feedback in order to situate the knowledge in practice. In addition, several new computer-based approaches have been developed to help overcome the limitations identified. These provide a more personalised and flexible approach to learning, yet room still exists for further development. The paper concludes by addressing how work in the field of interviewing child and adult witnesses could develop in the future.
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McCalman, Janet. "Silent witnesses: Child health and well-being in England and Australia and the health transition 1870–1940." Health Sociology Review 18, no. 1 (June 2009): 25–35. http://dx.doi.org/10.5172/hesr.18.1.25.

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4

Caruso, David, and Timothy Cross. "The Case in Australia for Further Reform to the Cross-Examination and Court Management of Child Witnesses." International Journal of Evidence & Proof 16, no. 4 (October 2012): 364–97. http://dx.doi.org/10.1350/ijep.2012.16.4.412.

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Schindeler, Emily. "Assessing allegations of child sex abuse in custody disputes." Children Australia 44, no. 01 (February 19, 2019): 5–12. http://dx.doi.org/10.1017/cha.2018.50.

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AbstractRisk assessments by expert witnesses appointed by the Family Court of Australia (FCA), and as informed by findings of any investigations by police and child protection agencies, play a critical role in the adjudication of custody disputes involving allegations of child sex abuse. This study focuses on the contribution made by these independent advisors as documented in the FCA trial transcripts of a sample of 62 such cases in the period 2012–2016. Analysis reveals that those responsible for assessing risk shared a concern for an emerging pattern of applicant responsibility for systems abuse, in conjunction with emotional abuse, as a significant child protection issue. It also raises issues for the Court when there are multiple risk assessments coming from experts who bring different disciplinary and organisational perspectives. As an exploratory study, the implications of these findings need to be viewed through the lens of protecting the best interests of the child.
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Gupta, Tara. "Child witnesses—An Australian perspective." Child Abuse Review 3, no. 3 (September 1994): 179–82. http://dx.doi.org/10.1002/car.2380030306.

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7

Lee, Eunro, Jane Goodman-Delahunty, Megan Fraser, Martine B. Powell, and Nina J. Westera. "Special Measures in Child Sexual Abuse Trials: Criminal Justice Practitioners’ Experiences and Views." QUT Law Review 18, no. 2 (January 25, 2019): 1. http://dx.doi.org/10.5204/qutlr.v18i2.757.

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Special measures have been implemented across the globe to improve evidence procedures in child sexual assault trials. The present study explored the day-to-day experiences and views on their use by five groups of Australian criminal justice practitioners (N = 335): judges, prosecutors, defence lawyers, police officers and witness assistance officers. Most practitioners reported routine use of pre-recorded police interviews and CCTV cross-examination of child complainants, but rare use with vulnerable adults. Despite persistent technical difficulties and lengthy waiting times for witnesses, high consensus emerged that special measures enhanced trial fairness and jury understanding. The perceived impact of special measures on conviction rates diverged widely. Defence lawyers disputed that this evidence was as reliable as in-person testimony. All practitioner groups endorsed expanded use of expert witness evidence and witness intermediaries. Ongoing professional development in all practitioner groups will further enhance justice outcomes for victims of child sexual abuse.
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8

Burrows, Kimberlee S., Martine B. Powell, and Mairi Benson. "A guide to clarifying evidence in Australian child forensic interviews." Journal of Forensic Practice 18, no. 2 (May 9, 2016): 91–103. http://dx.doi.org/10.1108/jfp-09-2014-0030.

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Purpose – Interviewing victims of child sex abuse requires considerable care in order to minimise error. Due to children’s heightened suggestibility any question asked of a child could potentially incite error that could undermine the witness’s credibility. A focus group was conducted in order to facilitate the development of guidance for interviewers around the circumstances in which it is necessary to ask children follow-up questions in an interview. The paper aims to discuss these issues. Design/methodology/approach – Seven Crown prosecutors representing every Australian state and territory (with the exception of one small state) were issued with 25 hypothetical narrative accounts of child abuse and asked to indicate what information, if any, required follow-up in the child’s narrative. Their responses and rationale for requiring following up in some cases and not others were discussed. Findings – Thematic analysis revealed three recommendations to guide questioning: whether the case involved identification or recognition evidence; the presence of contextual features that may influence the witness’s memory, or that should trigger a particular line of questioning; and whether the information can or should be sought at a later stage by the trial prosecutor, rather than by the interviewer. Practical implications – The recommendations are discussed within the context of their implications for interviewing, that is, how each recommendation could be implemented in practice. Originality/value – The present study extends prior literature by elucidating principles to guide decision making across interview topic areas. The need for such guidance is highlighted by research suggesting that topics such as offender identity, offence time and place, and witnesses are a source of overzealous questioning in interviews.
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9

Earhart, Becky, Sonja P. Brubacher, Martine B. Powell, Nina J. Westera, and Jane Goodman-Delahunty. "Judges’ delivery of ground rules to child witnesses in Australian courts." Child Abuse & Neglect 74 (December 2017): 62–72. http://dx.doi.org/10.1016/j.chiabu.2017.08.005.

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10

Kirchengast, Tyrone. "Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence." International Journal of Evidence & Proof 25, no. 1 (January 2021): 53–72. http://dx.doi.org/10.1177/1365712720983931.

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The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform Commission (2016) considered the potential role of legal counsel for complainants in the criminal trial process. While contrasting quite significantly with the traditional adversarial framework—which sees crime as contested between state and accused—legal representation for complainants is not unprecedented, and victims may already retain counsel for limited matters. Despite broader use of victim legal representation in the United States, Ireland and Scotland, and as recently considered by the Sir John Gillen Review in Northern Ireland, legal representation for sex offences complainants is only just developing in Australia. Notwithstanding recent reference to legal representation for complainants where sexual history or reputational evidence may be adduced, there exists no sufficient guidance as to how such representation may be integrated in the Australian criminal trial context. This article explores the implications of introducing such counsel in Australia, including the possible role of non-legal victim advocates.
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Books on the topic "Child witnesses Australia"

1

O'Grady, Celia. Child witnesses and jury trials: An evaluation of the use of closed circuit television and removable screens in Western Australia. [Perth, W.A.]: Ministry of Justice, 1996.

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2

Patricia, Carlon. Hush, it's a game. New York: Soho Press, 2001.

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3

Blewer, Robyn. Child Witnesses in Twentieth Century Australian Courtrooms. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69791-4.

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Lemon, Nancy K. D., 1953- and Poisson Samantha E, eds. Child custody & domestic violence: A call for safety and accountability. Thousand Oaks, Calif: Sage Publications, 2003.

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Blewer, Robyn. Child Witnesses in Twentieth Century Australian Courtrooms. Springer International Publishing AG, 2022.

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Blewer, Robyn. Child Witnesses in Twentieth Century Australian Courtrooms. Springer International Publishing AG, 2021.

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7

Lemon, Nancy K., Samantha Poisson, and Peter G. Jaffe. Child Custody and Domestic Violence. SAGE Publications, Incorporated, 2002.

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Lemon, Nancy, Samantha Poisson, and Peter G. Jaffe. Child Custody and Domestic Violence: A Call for Safety and Accountability. Sage Publications, Inc, 2002.

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9

Lemon, Nancy, Samantha Poisson, and Peter Jaffe. Child Custody and Domestic Violence: A Call for Safety and Accountability. Sage Publications, Inc, 2002.

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10

Poisson, Samantha, Nancy K. D. Lemon, and Peter G. Jaffe. Child Custody and Domestic Violence: A Call for Safety and Accountability. SAGE Publications, Incorporated, 2012.

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Book chapters on the topic "Child witnesses Australia"

1

Blewer, Robyn. "Child Witnesses and the Common Law." In Child Witnesses in Twentieth Century Australian Courtrooms, 13–31. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69791-4_2.

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2

Hanna, Kirsten, and Emily Henderson. "Child Witnesses in the Criminal Courts." In The Palgrave Handbook of Australian and New Zealand Criminology, Crime and Justice, 421–35. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-55747-2_28.

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Blewer, Robyn. "“Those Troublesome Men in Blue”: Police." In Child Witnesses in Twentieth Century Australian Courtrooms, 33–62. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69791-4_3.

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Blewer, Robyn. "“The Law Which Professed to Protect … Served to Crush”: Indigenous Child Witnesses." In Child Witnesses in Twentieth Century Australian Courtrooms, 209–40. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69791-4_8.

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Blewer, Robyn. "“Changes in Law Were Full of Danger”: Conclusion." In Child Witnesses in Twentieth Century Australian Courtrooms, 241–52. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69791-4_9.

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6

Blewer, Robyn. "“Trying to Bend the Law to Fit”: Corroboration." In Child Witnesses in Twentieth Century Australian Courtrooms, 171–208. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69791-4_7.

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Blewer, Robyn. "Introduction." In Child Witnesses in Twentieth Century Australian Courtrooms, 1–12. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69791-4_1.

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Blewer, Robyn. "“What the Nipper Said Was True”: Examination." In Child Witnesses in Twentieth Century Australian Courtrooms, 139–70. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69791-4_6.

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9

Blewer, Robyn. "“If the Law Doesn’t Get You, the Lord Will”: Competency and Capacity." In Child Witnesses in Twentieth Century Australian Courtrooms, 63–105. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69791-4_4.

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10

Blewer, Robyn. "“And the Kiddie Was at Home”: The Courtroom Environment." In Child Witnesses in Twentieth Century Australian Courtrooms, 107–38. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-69791-4_5.

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