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  • Prosecutorial discretion about special measure use in australian cases of child sexual abuse

    Author(s)
    Goodman-Delahunty, J
    Martschuk, N
    Powell, M
    Westera, N
    Griffith University Author(s)
    Powell, Martine B.
    Martschuk, Natalie
    Year published
    2019
    Metadata
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    Abstract
    A Prosecutorial Reform Index developed for the American Bar Association Rule of Law Initiative included discretionary functions among 28 factors that provide "an empirical basis for examining the status and role of prosecutors and the environment in which they work in transitioning states throughout the globe". The chapter examines contemporary practices in Child Sexual Abuse (CSA) cases to present the complainant's evidence by reviewing prosecutorial considerations regarding uses of special measures with vulnerable complainants in three Australian jurisdictions. It also examines the extent of prosecutorial support for and ...
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    A Prosecutorial Reform Index developed for the American Bar Association Rule of Law Initiative included discretionary functions among 28 factors that provide "an empirical basis for examining the status and role of prosecutors and the environment in which they work in transitioning states throughout the globe". The chapter examines contemporary practices in Child Sexual Abuse (CSA) cases to present the complainant's evidence by reviewing prosecutorial considerations regarding uses of special measures with vulnerable complainants in three Australian jurisdictions. It also examines the extent of prosecutorial support for and use of special measures, reasons for their use or non-use and their impact on case outcomes and decisions to discontinue a case. To improve the experience of CSA complainants, whether adults or children at the time of trial, and the quality of the evidence they provide special measures for the giving of evidence by vulnerable complainants were legislatively implemented in all Australian jurisdictions.
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    Book Title
    The Evolving Role of the Public Prosecutor: Challenges and Innovations
    DOI
    https://doi.org/10.4324/9780429467547-12
    Subject
    Criminology
    Forensic psychology
    Publication URI
    http://hdl.handle.net/10072/391374
    Collection
    • Book chapters

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