Criminal Justice Dealing With Uncooperative Witnesses

Seminar paper from the year 2014 in the subject Law - Criminal process, Criminology, Law Enforcement, University of Nairobi (Law), course: Criminal Law, language: English, abstract: There are a number of requirements to be met before any lawyer could prove a case in a court of law. Among them is the need to use credible evidence, competent witnesses and using the proper law. Sometimes there could be difficulties when dealing with witnesses that are crucial to a case but are not ready or willing to testify. Therefore, this paper addresses the options available when dealing with such witnesses.

The manner in which criminal investigators are trained is neither uniform nor consistent, ranging from sophisticated training protocols in some departments to on-the-job experience alongside senior investigators in others. Ideal for students taking a first course in the subject as well as professionals in need of a refresher, Introduction to Criminal Investigation uses an accessible format to convey concepts in practical, concrete terms. Topics discussed include: The history of criminal investigation in Western society Qualifications for becoming an investigator, the selection process, and ideal training requirements Crime scene search techniques, including planning and post-search debriefing Preparing effective field notes and investigative reports Interviewing and interrogating Types of evidence found at the crime scene and how to collect, package, and preserve it The contributions of forensic science to criminal investigations and the equipment used in crime labs Investigative protocol for a range of crimes, including property crimes, auto theft, arson, financial crimes, homicide, assault, sex crimes, and robbery Specialized investigations, including drug trafficking, cybercrime, and gang-related crime Legal issues involved in criminal investigations and preparing a case for trial Bringing together contributions from law enforcement personnel, academics, and attorneys, the book combines practical and theoretical elements to provide a comprehensive examination of today‘s criminal investigative process. The accessible manner in which the information is conveyed makes this an ideal text for a wide-ranging audience.

Shortlisted for DSBA Law Book of the Year Award 2020 Evidence in Criminal Trials is the first Irish textbook devoted exclusively to the subject of criminal evidence. This popular title provides comprehensive, detailed coverage of law and practice on the admissibility of evidence, the presentation of evidence in court and the pre-trial gathering and disclosure of evidence. The work combines analysis of traditional evidentiary doctrine with discussion of its application in practice and takes account of policy development and reform. The subject of evidence is discussed in the broader context of fundamental rights protection under the Constitution, the ECHR and EU law. This updated and extended second edition captures the many significant changes in the law of criminal evidence in recent years. The role of vulnerable witnesses in court proceedings is explored in new chapters on children and vulnerable adults, complainants in sexual offence trials, and victims of crime. The landmark Supreme Court decision in DPP v JC is analysed in an extended chapter on unlawfully obtained evidence and important case law developments relating to confessions and the right to silence are discussed in a detailed chapter on pre-trial interviews with suspects. Other chapters explore the case law of the Supreme Court and Court of Appeal on testimony, corroboration, technological evidence, privilege and disclosure. The Law Reform Commission's recommendations in its 2016 Report on Consolidation and Reform of Aspects of the Law of Evidence are considered in the book's discussion of hearsay and expert evidence. This book will appeal to individuals working and studying in the areas of criminal law and evidence. It will be essential reading for legal practitioners, academics and law students and it will be of interest to others engaged with criminal justice and the court system.

For the first time a book documents the judicial system's new dependence on social science testimony, especially that rendered by sociologists and criminologists. In Expert Witnesses contributors show that unlike traditional forensics testimony, the intrusion of social science data into judicial decision-making has relatively recent origins. It details the uses and abuses of social science experts, and the ethical and pragmatic concerns raised by their testimony. This timely collection will appeal to a diverse audience, including attorneys, judges, and students of judicial proceedings. Included in this volume are historical examinations of the expert witnessing phenomenon, the legal, social, and ethical debates regarding the appropriate role of such witnesses, and anecdotal descriptions by eminent social science experts. The authors address such pragmatic issues as an attorney's perspective on finding the most appropriate expert or formulating the "best" questions to ask in court, and an expert's perspective on getting aid or terminating a nonworking attorney-expert relationship.

How do societies decide whom to criminalize? What does it mean to accuse someone of being an offender? Entryways to Criminal Justice analyzes the thresholds that distinguish law-abiding individuals from those who may be criminalized. Contributors to the volume adopt social, historical, cultural, and political perspectives to explore the accusatory process that place persons in contact with the law. Emphasizing the gateways to criminal justice, truth-telling, and overcriminalization, the authors provide important insights into often overlooked practices that admit persons to criminal justice. It is essential reading for scholars, students, and policy makers in the fields of socio-legal studies, sociology, criminology, law and society, and post/colonial studies. Contributors: Dale A. Ballucci, Martin A. French, Aaron Henry, Bryan R. Hogeveen, Dawn Moore, George Pavlich, Marcus A. Sibley, Rashmee Singh, Amy Swiffen, Matthew P. Unger, Elise Wohlbold, Andrew Woolford

In A History of Modern Criminal Justice, authors Joseph Spillane and David Wolcott focus on the modern aspects of the subject, from 1900 to the present. A unique thematic rather than a chronological approach sets this book apart from the competition, with chapters organized around themes such as policing, courts, due process, and prison and punishment. Making connections between history and contemporary criminal justice systems, structures and processes, A History of Modern Criminal Justice offers students the latest in historical scholarship, made relevant to their needs as future practitioners in the field. This book is appropriate for any course on the history of criminal justice.