DOAK, Jonathan and DOAK, Lauran (2017). Non-verbal victims in the adversarial criminal process: communication, competency, and credibility. Northern Ireland Legal Quarterly, 68 (4), 451-468.
|
PDF
Doak-Non-verbalVictmsintheAdversarialCriminalProcess(AM).pdf - Accepted Version All rights reserved. Download (659kB) | Preview |
Abstract
Research consistently shows that persons with learning disabilities are more likely to be victims of crime. For such victims, engaging with the criminal justice system may be fraught with difficulties given the expectation that victims should normally articulate verbally and with fluency both their testimony and their views on issues pertaining to the justice process itself. Grounded in the principle of orality and often likened to a system of gladiatorial combat, adversarial justice systems have a poor track record of hearing the voices of victims of crime who have learning disabilities. However, recent years have witnessed an attitudinal shift towards meeting the needs of victims who require communication support; with legal and policy reforms introduced across multiple jurisdictions designed to enable more effective participation in the justice process. Augmentative & Alternative Communication (AAC) could constitute an important support mechanism to enable and empower victims of crime who would struggle to express themselves verbally in the courtroom; yet these alternative forms of voice are alien to the oral tradition and sit uneasily within the priority traditionally afforded to adversarial questioning techniques.
Item Type: | Article |
---|---|
Uncontrolled Keywords: | Victims, witnesses, disabilities, communication, competency, credibility, AAC |
Research Institute, Centre or Group - Does NOT include content added after October 2018: | Sheffield Institute of Education |
Departments - Does NOT include content added after October 2018: | Faculty of Social Sciences and Humanities > Department of Education, Childhood and Inclusion |
Page Range: | 451-468 |
Depositing User: | Lauran Doak |
Date Deposited: | 24 Jan 2018 16:39 |
Last Modified: | 18 Mar 2021 16:23 |
URI: | https://shura.shu.ac.uk/id/eprint/18482 |
Actions (login required)
View Item |
Downloads
Downloads per month over past year