被告的经历:从监狱到法庭的视频听证会

Q2 Social Sciences
Charlotte Walker
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引用次数: 0

摘要

本文的重点是在英格兰和威尔士,被告(包括有律师代理和无律师代理的被告)通过视频链接从监狱到法庭出庭时的经历。这一探讨基于二手资料。在这项研究中,对一系列法庭参与者进行了 20 次访谈,并观察了两个地方法院的 403 次庭审。研究结果表明,虽然最初引入视频听证是为了促进管理主义价值观(即提高效率和降低成本),但在某些情况下,正当程序权利受到了损害。本文将论证,虽然通过视频出庭对被告有好处,并能提高他们有效参与程序的能力,但与此相关的挑战也随之而来。这是由于管理主义价值观通常优先于参与问题。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Defendants' experiences: Video hearings from prison(s) to court(s)

The focus of this article is the experiences that defendants – both represented and unrepresented – have when appearing via video link(s) from prison(s) to court(s), in England and Wales. This exploration is based on second-hand accounts. In this study, 20 interviews were conducted with a range of court actors, and 403 court hearings at two magistrates' courts were observed. The findings demonstrate that while video hearings were initially introduced to promote managerialism values (i.e., increase efficiency and reduce costs), due process rights have in some instances been undermined. It will be argued that although appearing via video has advantages for defendants and can enhance their ability to effectively participate in the process, challenges also arise in relation to this. This is due to managerialism values generally being prioritised over participation concerns.

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来源期刊
CiteScore
2.30
自引率
0.00%
发文量
41
期刊介绍: The Howard Journal of Crime and Justice is an international peer-reviewed journal committed to publishing high quality theory, research and debate on all aspects of the relationship between crime and justice across the globe. It is a leading forum for conversation between academic theory and research and the cultures, policies and practices of the range of institutions concerned with harm, security and justice.
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