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Accused of murder: supporting the communication needs of a vulnerable defendant at court and at the police station.

Authors :
O'mahony, Brendan M.
Source :
Journal of Learning Disabilities & Offending Behaviour; 2012, Vol. 3 Issue 2, p77-84, 8p
Publication Year :
2012

Abstract

Purpose – This paper's aim is to examine the interaction between an intermediary, a vulnerable defendant and barristers and the judge in a courtroom. The paper seeks to consider how the communication needs of vulnerable defendants, such as those with learning disabilities, should be addressed in the criminal justice system. Design/methodology/approach – The paper considers the legal landscape for dealing with vulnerable defendants. A case example and court and police interview transcripts are then used to illustrate some of the communication needs of vulnerable people in the criminal justice system. Findings – The paper highlights the complexities of the language that is used by lawyers in the courtroom and the difficulties that this can cause for a vulnerable defendant. Additionally, this paper reveals the difficulties that the police caution can present to a vulnerable suspect in custody. Social implications – Vulnerable witnesses or defendants may be disadvantaged in understanding questions and the implications of answers that they provide in a courtroom or in attendance at a police station. The criminal justice system should support these individuals and provide guidance and training to professionals. The author identifies a need for more research in this area. Originality/value – This is one of the first published papers to examine the interaction between an intermediary, a vulnerable defendant and barristers and the judge in the courtroom. The paper considers how the communication needs of vulnerable defendants should be addressed in the criminal justice system. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
20420927
Volume :
3
Issue :
2
Database :
Complementary Index
Journal :
Journal of Learning Disabilities & Offending Behaviour
Publication Type :
Academic Journal
Accession number :
83385682
Full Text :
https://doi.org/10.1108/20420921211280060