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

Jane Goodman-Delahunty; Natalie Martschuk; Martine Powell; Nina J. Westera

doi:10.4324/9780429467547

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

Jane Goodman-Delahunty
, Natalie Martschuk
, Martine Powell
, Nina J. Westera

Faculty Office, Business, Justice and Behavioural Sciences

Research output: Book chapter/Published conference paper › Chapter (peer-reviewed) › peer-review

6 Citations (Scopus)

Abstract

Legislation enabling special measures to take the evidence of vulnerable witnesses exists in all Australian jurisdictions. A gap between these laws and actual prosecutorial practices was previously reported in interviews conducted with stakeholders. A manual file review of 59 prosecution files in child sexual abuse cases in three Australian jurisdictions extended that research. Prosecutorial consideration of special measures was documented in most cases, more typically for child than adult complainants, and more routinely in some states than others. Analysis of file entries disclosed four major themes underlying prosecutorial uses of special measures: (1) legislative compliance; (2) complainants’ needs, psychological and social; (3) the support of other criminal justice professionals; and (4) logistical issues. Assessments of the credibility of complainants were integrated with the use of special measures.

Original language	English
Title of host publication	The evolving role of the public prosecutor
Subtitle of host publication	Challenges and innovations
Editors	Victoria Colvin, Philip Stenning
Place of Publication	New York, USA
Publisher	Routledge
Chapter	11
Pages	169-187
Number of pages	19
Edition	1st
ISBN (Electronic)	9780429467547
ISBN (Print)	9781138606791
DOIs	https://doi.org/10.4324/9780429467547
Publication status	Published - 2019

Publication series

Name	Directions and Developments in Criminal Justice and Law
Publisher	Routledge
Number	3

UN SDGs

This output contributes to the following UN Sustainable Development Goals (SDGs)

SDG 5 Gender Equality
SDG 16 Peace, Justice and Strong Institutions

Access to Document

10.4324/9780429467547

Cite this

Goodman-Delahunty, J., Martschuk, N., Powell, M., & Westera, N. J. (2019). Prosecutorial discretion about special measure use in Australian cases of child sexual abuse. In V. Colvin, & P. Stenning (Eds.), The evolving role of the public prosecutor: Challenges and innovations (1st ed., pp. 169-187). (Directions and Developments in Criminal Justice and Law; No. 3). Routledge. https://doi.org/10.4324/9780429467547

Goodman-Delahunty, Jane ; Martschuk, Natalie ; Powell, Martine et al. / Prosecutorial discretion about special measure use in Australian cases of child sexual abuse. The evolving role of the public prosecutor: Challenges and innovations. editor / Victoria Colvin ; Philip Stenning. 1st. ed. New York, USA : Routledge, 2019. pp. 169-187 (Directions and Developments in Criminal Justice and Law; 3).

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abstract = "Legislation enabling special measures to take the evidence of vulnerable witnesses exists in all Australian jurisdictions. A gap between these laws and actual prosecutorial practices was previously reported in interviews conducted with stakeholders. A manual file review of 59 prosecution files in child sexual abuse cases in three Australian jurisdictions extended that research. Prosecutorial consideration of special measures was documented in most cases, more typically for child than adult complainants, and more routinely in some states than others. Analysis of file entries disclosed four major themes underlying prosecutorial uses of special measures: (1) legislative compliance; (2) complainants{\textquoteright} needs, psychological and social; (3) the support of other criminal justice professionals; and (4) logistical issues. Assessments of the credibility of complainants were integrated with the use of special measures. ",

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Goodman-Delahunty, J, Martschuk, N, Powell, M & Westera, NJ 2019, Prosecutorial discretion about special measure use in Australian cases of child sexual abuse. in V Colvin & P Stenning (eds), The evolving role of the public prosecutor: Challenges and innovations. 1st edn, Directions and Developments in Criminal Justice and Law, no. 3, Routledge, New York, USA, pp. 169-187. https://doi.org/10.4324/9780429467547

Prosecutorial discretion about special measure use in Australian cases of child sexual abuse. / Goodman-Delahunty, Jane; Martschuk, Natalie; Powell, Martine et al.
The evolving role of the public prosecutor: Challenges and innovations. ed. / Victoria Colvin; Philip Stenning. 1st. ed. New York, USA: Routledge, 2019. p. 169-187 (Directions and Developments in Criminal Justice and Law; No. 3).

Research output: Book chapter/Published conference paper › Chapter (peer-reviewed) › peer-review

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PY - 2019

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AB - Legislation enabling special measures to take the evidence of vulnerable witnesses exists in all Australian jurisdictions. A gap between these laws and actual prosecutorial practices was previously reported in interviews conducted with stakeholders. A manual file review of 59 prosecution files in child sexual abuse cases in three Australian jurisdictions extended that research. Prosecutorial consideration of special measures was documented in most cases, more typically for child than adult complainants, and more routinely in some states than others. Analysis of file entries disclosed four major themes underlying prosecutorial uses of special measures: (1) legislative compliance; (2) complainants’ needs, psychological and social; (3) the support of other criminal justice professionals; and (4) logistical issues. Assessments of the credibility of complainants were integrated with the use of special measures.

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Goodman-Delahunty J, Martschuk N, Powell M, Westera NJ. Prosecutorial discretion about special measure use in Australian cases of child sexual abuse. In Colvin V, Stenning P, editors, The evolving role of the public prosecutor: Challenges and innovations. 1st ed. New York, USA: Routledge. 2019. p. 169-187. (Directions and Developments in Criminal Justice and Law; 3). Epub 2018 Nov 2. doi: 10.4324/9780429467547

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

Abstract

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UN SDGs

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