In a media release titled ‘Communication recognised as a disability', SPA advocated for the ‘vulnerable Witnesses Bill' to be passed in the South Australian Upper House. The Bill, amongst other initiatives, gives individuals with complex communication needs (victims, witnesses or defendants) the right to use an "an alternative form of communication and to have communication support for any contact with the criminal justice system." (SPA, 2015). Additionally, SPA Director, Tim Kittel, participated in an interview on ABC radio where he spoke about the proposed legislation and more broadly about the challenges faced by people with communication impairments.
Post-graduation professional pathways for developing advanced knowledge & competency required
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Over 50 present of young people in the youth justice system have difficulties communicating. People who have difficulty communicating face significant barriers navigating the youth justice system. This is because processes of the youth justice system place a large demand on oral and written language skills. Procedures, such as; forensic interviewing, restorative justice conferencing, negotiating plea bargains and understanding court orders, place a high demand language skills. Individuals with language impairments face significant barriers which can prevent them gaining fair access to justice.
Examples of how language difficulties can affect a person's experience in the youth justice system
· A person may not comprehend their rights to silence or rights to legal representation
· A person may not comprehend directions (written or spoken) and consequently find it difficult to comply
· A person may have difficulties answering questions asked of them or reciting information or stories. This can make someone appear to be rude, unreliable or uncooperative
· If a person is confused distressed or anxious, they could appear rude, indifferent or
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They may, therefore, have difficulty answering leading questions. They may be over compliant due to lack of understanding.
· A person may not understand complex legal terminology for example words such as, ‘conditional /unconditional', ‘adjourn', ‘solicitor', ‘magistrate' and ‘remorse'
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Forensic interviewing:
During a forensic interview, a person has to respond and answer questions, convey stories and information in a sequential order, use literacy skills to read and sign a statement. Additionally, stress can exacerbate commination deficits.
Court appearances:
During court appearances a victim, defendant or witness has to use verbal communication to talk to staff such as lawyers and judges in a socially appropriate way. Additionally, the person may need to recount their story. There is a demand on other language skills such as literacy (e.g. reading out the oath). There is a large demand on comprehension skills e.g. in understanding legal terminology and the language being used.
Ways to identify young people who may have communication
The British Institute of Learning Disabilities (BILD, 2015) defines someone with a severe learning disability, as having a reduced ability to understand new information, therefore being unable to cope
The juvenile justice system is a foundation in society that is granted certain powers and responsibilities. It faces several different tasks, among the most important is maintaining order and preserving constitutional rights. When a juvenile is arrested and charged with committing a crime there are many different factors that will come in to play during the course of his arrest, trial, conviction, sentencing, and rehabilitation process. This paper examines the Juvenile Justice System’s court process in the State of New Jersey and the State of California.
In the juvenile justice system there are many different areas of need. Many juveniles to this date have struggled in the court system. For example: Competence to stand trial in a juvenile court, psychiatric/mental disorders, sexual abuse/assault, diminished cognitive abilities, and severe learning disabilities (Jones, 2003). The three that this paper will be focusing on are CST, MHS, and sexual abuse/assault (Jones, 2003). Forensic evaluations help not only the courts and attorneys to better advocate for those clients in need but also help to give attorneys a better understanding and communication process with their clients. This is a positive solution for the attorney to be able to do a better job (Jones, 2003).
It is no secret that forensic psychology is an example of an area where psychologists apply their knowledge of psychological approaches, methods and treatments to a specific problem. However, before assessing the implications, it is crucial to establish the research methods used in criminal
It is desirable for a suspect to answer whether or not they understand these rights with a definite "No" or "Yes" answer. If a suspect is not read these rights or states that he does not know or understand them as they are explained to him, then any evidence, confessions, or information about the alleged crime will be "fruit of the poisonous tree" and may be inadmissible if the case goes to trial.
* problems expressing themselves using spoken language, such as being unable to remember the right word to use, or putting together sentences together incorrectly
In Canada when a young person gets in trouble with the law, the punishment given will be in accordance with the Youth Criminal Justice Act. The Youth Criminal Justice Act was created in 2003. The main objective of this legislation is to hold youth accountable for their actions through the promotion of “rehabilitation” and “reintegration” (Youth Criminal Justice Act, 2002, S.3a(ii)). Within the Canadian court system, there is a youth court for individuals who get in trouble with the law while they are still under the age of 18 years. In Calgary, Alberta the youth courtrooms are located in the Calgary Courts Center building, which is located at 601 5th Street SW. I attended youth court on Wednesday, October 26, 2016 and Monday, October 31th. This paper will shed light on the atmosphere of the youth courtroom, analyze how the criminal justice professionals are acting within the courtroom, and discuss certain cases that went through the youth courts.
• Physical ability - patient may have had a stoke and able to form words and speak normally and may have lost the ability to find the correct words or say the word due to facial muscles failing. Having other illnesses such as dementia and parkinsons, having to repeat the information
In order to effectively work in this area, Forensic psychologists must know the court’s expectations.They must be credible, competent, and concise being able to explain to the court how they arrived at their
Jan has trained attorneys, legal assistants and clerical staff throughout his working career. He is very able to provide instruction using language and concepts appropriate to his audience. The educational and language backgrounds of the people that Jan trained and worked with included everyone from people who spoke English as a second language and were not high school graduates to attorneys and Judges. Jan reads well how to address people and how to adjust his language and word choices to an individual’s abilities. He is also patient in dealing with people who do not speak English as a first
According to Caldwell (1961) the juvenile justice system is based on the principle that youth are developmentally and fundamentally different from adults. According to Mack (1909) the focus of the juvenile justice system has shifted from “was the crime committed” to “why did the child commit the crime”, “how can we help the child”. When performing as it is designed and up to the initial intentions, the juvenile court balances rehabilitation (treatment) of the offender with suitable sanctions when necessary such as incarceration. According to Griffin (2008) in some cases juveniles may be required to be “transferred” to adult court. In this paper I am going to discuss the three primary mechanisms of waiver to adult court: judicial waiver
This paper, will discuss the processes of verbal and nonverbal communication, including associated components of each, the differences between listening and hearing regarding communications. Also covered will be the formal and informal channels of communication that may be used within criminal justice organizations and implemented strategies used to overcome communication barriers therein. Verbal and nonverbal communication are the two main divisions of communication, and each specific realm deals with its own unique subject matters, symbols, behaviors, and processes.
2. Made with knowladge of its misrepresentation or without adequate information on the subject to warrant a representation,
Although based on the adult criminal justice system, the juvenile justice process works differently. Juveniles can end up in court by way of arrest, truancy or for curfew violations or running away. A youth may also be referred to the juvenile court system by school officials or a parent or guardian for being continuously disobedient. The juvenile justice process involves several different steps including intake, detention, adjudication, disposition and aftercare following release from a juvenile correctional facility. In this paper we will breakdown the numerous steps involved in the juvenile justice process as well as compared some
“Witness for the Prosecution” superbly demonstrated a realist view of the operating procedures in a courtroom. The actors within the courtroom were easy to identify, and the steps transitioned smoothly from the arrest to the reading of the verdict. The murder trial of Leonard Vole provided realistic insight into how laws on the books are used in courtroom proceedings. With the inferior elements noted, the superior element of the court system in “Witness