Judicial and lawyer interventions in trials of child sexual assault

Loading...
Thumbnail Image
File version

Version of Record (VoR)

Author(s)
Martschuk, Natalie
Powell, Martine
Goodman-Delahunty, Jane
Thackray, Simone
Westera, Nina
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Date
2021
Size
File type(s)
Location
License
Abstract

This article presents the results of a study that evaluated the extent to which judges and lawyers intervene during questioning of child and adult complainants in child sexual assault (CSA) cases. Transcripts of the evidence of 120 CSA complainants were analysed according to the frequency and nature of interventions, such as raising issues with the question form, question manner, question content, complainant care, legal procedure or rules. Judges most commonly intervened during cross-examination and to a lesser extent during evidence-in-chief. There was no evidence that judges and prosecutors intervened more frequently with children than with adults. The most common basis for intervention was the question form, but the number of interventions was very low considering the prevalence of complex questions asked by the defence. Less than 1% of the interventions were based on question content.

Journal Title

Journal of Judicial Administration

Conference Title
Book Title
Edition
Volume

31

Issue

1

Thesis Type
Degree Program
School
DOI
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
Rights Statement

© 2021 Thomson Reuters. This article was first published by Thomson Reuters in the Journal of Judicial Administration and should be cited as Martschuk, N; Powell, M; Goodman-Delahunty, J; Thackray, S; Westera, N, Judicial and lawyer interventions in trials of child sexual assault, (2021) 31 JJA 3. For all subscription inquiries please phone, from Australia: 1300 304 195, from Overseas: +61 2 8587 7980 or online at legal.thomsonreuters.com.au/search. The official PDF version of this article can also be purchased separately from Thomson Reuters at http://sites.thomsonreuters.com.au/journals/subscribe-or-purchase.

Item Access Status
Note
Access the data
Related item(s)
Subject

Forensic psychology

Other law and legal studies

Criminology

Courts and sentencing

Law in context

Legal systems

Social Sciences

Public Administration

Persistent link to this record
Citation

Martschuk, N; Powell, M; Goodman-Delahunty, J; Thackray, S; Westera, N, Judicial and lawyer interventions in trials of child sexual assault, Journal of Judicial Administration, 2021, 31 (1), pp. 3-16

Collections