Vulnerable Witness

Scholars and practitioners who witness violence and loss in human, animal, and ecological contexts are expected to have no emotional connection to the subjects they study. Yet is this possible? Following feminist traditions, Vulnerable Witness centers the researcher and challenges readers to reflect on how grieving is part of the research process and, by extension, is a political act. Through thirteen reflective essays the book theorizes the role of grief in the doing of research—from methodological choices, fieldwork and analysis, engagement with individuals, and places of study to the manner in which scholars write and talk about their subjects. Combining personal stories from early career scholars, advocates, and senior faculty, the book shares a breadth of emotional engagement at various career stages and explores the transformative possibilities that emerge from being enmeshed with one's own research.

The Vulnerable Witnesses (Scotland) Act 2004 amends the Criminal Procedure (Scotland) Act 1995 for criminal cases. It creates a similar regime for civil cases, so that vulnerability of witnesses is considered, and measures are taken to support vulnerable witnesses to give evidence effectively. This book contains the Act's main provisions together with commentary to help you to understand it fully. Informed by the authors' experience of vulnerable witnesses in practice, the book provides an essential reference for lawyers, law students, those who lead or hear witness in court and other professionals dealing with young people and adults who may be vulnerable as potential witnesses.

"...the book fully justifies its title and will earn a well-thumbed place on the bookshelves, not only of children's lawyers, but also of children's guardians and intermediaries who need to understand how the court can, or cannot, assist the vulnerable to give evidence..." Seen and Heard Are you prepared to protect the vulnerable in court? This book guides you through the rights of witnesses and the duties of advocates in family and criminal proceedings. Explaining the legal structure currently in place to assist vulnerable individuals, this title covers every stage of proceedings, including the investigation/pre-proceeding, and post-proceedings, whilst also looking at anonymity and protective orders. In addition, it discusses the sanctions available to the court if proper consideration and sufficient protection has not been given to vulnerable people at each stage. Covering legislation, regulation and authorities which govern these situations, it offers best practice regarding the examination of those who have difficulty understanding their case, by reason of age, circumstance or emotional and psychological difficulties. Practical help is provided through: Step-by-step guidance at each stage Helpful suggestions as to how to approach the hearing at each stage of proceedings Links to the useful guidance regularly referred to within proceedings including the Advocates Gateway

Scholars and practitioners who witness violence and loss in human, animal, and ecological contexts are expected to have no emotional connection to the subjects they study. Yet is this possible? Following feminist traditions, Vulnerable Witness centers the researcher and challenges readers to reflect on how grieving is part of the research process and, by extension, is a political act. Through thirteen reflective essays the book theorizes the role of grief in the doing of research—from methodological choices, fieldwork and analysis, engagement with individuals, and places of study to the manner in which scholars write and talk about their subjects. Combining personal stories from early career scholars, advocates, and senior faculty, the book shares a breadth of emotional engagement at various career stages and explores the transformative possibilities that emerge from being enmeshed with one's own research.

What is trauma and what does it mean for the literacy curriculum? In this book, elementary teachers will learn how to approach difficult experiences through the everyday instruction and interactions in their classrooms. Readers will look inside classrooms and literacies across genres to see what can unfold when teachers are committed to compassionate, critical, and relational practice. Weaving her own challenging experiences into chapters brimming with children’s writing and voices, Dutro emphasizes that issues of power and privilege matter centrally to how attention to trauma positions children. The book includes questions and prompts for discussion, reflection, and practice and describes pedagogies and strategies designed to provide opportunities for children to bring the varied experiences of life, including trauma, to their school literacies in positive, meaningful, and supported ways. “This stunning book about trauma interrogates the very notion. Dutro excels at interweaving her stories with those of teachers and students and at challenging readers to find their way into the fabric. I recommend this book to teachers so that they might accept her challenge to explore and understand the importance of both witnessing and testimony in relation to trauma in literacy curriculum and pedagogy.” —Mollie Blackburn, The Ohio State University

Until quite recently it was commonplace to describe the witness as the 'forgotten man' in the criminal justice system. The last few years have seen a dramatic shift in thinking with an increasing recognition of the legitimate expectations and rights of witnesses within the criminal process.At the same time research has drawn attention to a host of factors that conspire to deny the courts access to the best evidence potentially available when so-called vulnerable and intimidated witnesses are called upon to testify in accordance with conventional adversarial trial procedures andmethods.The official response so far embodies an approach best described as one of accommodation. Efforts have centred on improving the treatment of witnesses within the established trial framework while preserving an overall commitment to key tenets of adversarial theory. The latter include the principleof orality with its general insistence upon direct evidence and the use of cross-examination as a device for testing the credibility of witnesses.The central contribution of this book lies in its demonstration of the significant limitations of the prevailing approach, most recently manifest in the Youth Justice and Criminal Evidence Act 1999. By providing a broader theoretical framework for understanding the treatment of vulnerable witnessesit signals the need to extend the search for solutions beyond the boundaries of the paradigmatic adversarial model. Drawing upon modern psychological, socio-linguistic, and victimological study across common law jurisdictions, the book provides a systematic critique of the special measures of the1999 Act and of adversarial trial procedure more generally.As a point of contrast the book also explores the contended advantages inherent within inquisitorial style criminal proceedings for witnesses, drawing on the author's own experience of rape proceedings in the Netherlands. Throughout due account is taken of significant recent developments atnational, European, and international levels which have ensured the place victims and witnesses, once excluded, in any discussion of criminal trial fairness.

The protection of vulnerable adults is a fast emerging area of work for local authorities, the NHS and other agencies. Safeguarding Vulnerable Adults and the Law, sets this within a comprehensive legal framework. The relevant law and guidance is extensive. It includes Department of Health guidance (No Secrets), human rights, the regulation of health and social care providers, the barring of carers from working with vulnerable adults, care standards tribunal cases, mental capacity, undue influence, assault, battery, wilful neglect, ill treatment, manslaughter, murder, theft, fraud, sexual offences, data protection and the sharing of information. The book focuses on how these areas of law apply to vulnerable adults, and brings together an extensive body of case law to illustrate this. Also covered is how local authorities and the NHS may themselves be implicated in the harm - through abuse, neglect or omission - suffered by vulnerable adults. For example, in terms of the gross lapses in standards of care, infection control, nutrition and basic dignity sometimes to be found in hospitals. All those working in community care, adult social work, health care and housing will find this book invaluable. Local authorities, the NHS, voluntary organisations and students will find this to be essential reading.