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With contributions from an international team of experts, this
collection provides a much-needed international, comparative
approach to mental capacity law. The book focuses particularly on
exploring substantive commonalities and divergences in normative
orientation and practical application embedded in different legal
frameworks. It draws together contributions from eleven different
jurisdictions across Europe, Asia and the UK and explores what
productive or unproductive values and practices currently exist. By
providing a detailed comparison of how legal and ethical
commitments to persons with disabilities are framed in capacity law
across different national systems, the book highlights the values
and practices that could lead to changes that better respect
persons with disabilities in mental capacity regimes.
Available Open Access under CC-BY-NC licence Effective
participation in court and tribunal hearings is regarded as
essential to justice, yet many barriers limit the capacity of
defendants, parties and witnesses to participate. Featuring policy
analysis, courtroom observations and practitioners' voices, this
significant study reveals how participation is supported in the
courts and tribunals of England and Wales. Including reflections on
changes to the justice system as a result of the COVID-19 pandemic,
it also details the socio-structural, environmental, procedural,
cultural and personal factors which constrain participation. This
is an invaluable resource that makes a compelling case for a
principled, explicit commitment to supporting participation across
the justice system of England and Wales and beyond.
This is the second volume of this kind. The first, 'Addressing
Vulnerability in Justice Systems', focussed on identifying
vulnerability in international justice systems. This volume
presents some of the challenges that exist in achieving sufficient
access to justice for vulnerable people, primarily in criminal and
family proceedings and provides international comparisons of best
practice. This book, following on from The Advocate's Gateway
Conference in 2017, consists of a selection of papers from
presentations at the conference. The primary focus is an
international comparison of vulnerability in justice systems and
issues surrounding access to justice for vulnerable witnesses and
parties. The book presents the latest developments in a constantly
developing area of law and provides details of the many different
challenges which advocates, judges and vulnerable witnesses and
victims encounter in justice systems. It also offers international
comparisons of best practice. The discussions in 'Access to Justice
for Vulnerable People' will provide academics and practitioners
across a variety of disciplines an insight in to topics of central
importance to the fairness and efficiency of court processes.
Expert contributors offer an international perspective and
research-informed practical advice for lawyers, researchers, judges
and policy makers.
Over the last 25 years there has been a growing recognition that
the way in which cases involving the vulnerable are investigated,
charged and tried needs to change. Successive judgments of the
Court of Appeal have re-enforced the message that advocates and
judges have a duty to ensure vulnerable witnesses and defendants
are treated fairly and allowed to participate effectively in the
process. How do practitioners recognise who is or may be
vulnerable? How should that person be interviewed? What account
should police and the CPS take of a defendant's vulnerabilities?
How should advocates adjust their questioning of vulnerable
witnesses and defendants whilst still complying with their duties
to their client? How should judges manage a trial to ensure the
effective participation of vulnerable witnesses and defendants?
Vulnerable People and the Criminal Justice System, written by
leading experts in the field, gathers together for the first time
answers to these questions and many more. It provides a practical,
informative and thought-provoking guide to recognising, assessing
and responding to vulnerability in witnesses and defendants at each
stage of the criminal process. Backed by authoritative research and
first-hand experience and drawing on recent case law, this book
enables practitioners to deal with cases involving vulnerable
people with calmness, authority, and confidence.
This is a great adventure about three young boys who grow into
young men who share a mutual goal of helping the world survive
should a nuclear war ever occur. John, Kevin, and Darnel sharing
their adventure to reach their goals and the great machine they
created together that will help them to keep their friends and
loved ones out of harms way should that final war ever happen. As
the government is being threatened these young men put their plans
in to action..
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