Ameliorating vulnerability arising from involvement with criminal courts

Journal of Criminological Research, Policy and Practice,Volume 2, Issue 3, September 2016. Purpose This paper provides an overview of major mechanisms instituted in Australia to ameliorate the experience of vulnerability arising as a corollary of involvement in Australian criminal courts as defendants, victims or witnesses of crime or family members/friends of such people. Design/methodology/approach The paper begins by providing an overview of two major categories of vulnerability within the criminal justice system – generally experienced vulnerability arising as a corollary of involvement in Australian criminal courts and attribute based vulnerability. It focuses on the former locating it within a human rights framework. It then outlines dominant responses to this form of vulnerability. Finally it considers the potential for the Court Network program to achieve a more integrated approach to ameliorating this form of vulnerability. Findings The paper takes the view that major responses to systemic vulnerability in the criminal justice system fall short of adequately managing this form of vulnerabili ty. It suggests that the Court Network model has the potential to address some lacunae in other responses and importantly to provide a gateway to them. Originality/value It explores an aspect of vulnerability that is now infrequently addressed and considers one option to supply lacunae in other m ajor responses that has not yet been brought into the scholarly discussion in ...

Source: Journal of Criminological Research, Policy and Practice - July 28, 2016 Category: Criminology Source Type: research