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You searched for +publisher:"Victoria University of Wellington" +contributor:("McDonald, Elisabeth"). Showing records 1 – 2 of 2 total matches.

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Victoria University of Wellington

1. Hickman, Caroline. "Any evidence" in the Family Court.

Degree: 2017, Victoria University of Wellington

This dissertation examines the origins and justification for the “any evidence” rule which has been a feature of New Zealand family law for many years. The rule provides judicial discretion to admit evidence in the Family Court which would be otherwise inadmissible. Its ongoing value has never been closely examined, although the rule has frequently been criticised. Selected cases have been examined to determine if reliance on the Evidence Act without the “any evidence” rule would have the deleterious outcomes contemplated. Analysis has shown that the rule has very little use and conversely, that the detriment caused by the rule is greater than the harm it was designed to remedy. Repeal and reform options are considered to better achieve the specific purposes of the various family law statutes as well as improve the integrity of the Family Court process overall. Advisors/Committee Members: Atkin, Bill, McDonald, Elisabeth.

Subjects/Keywords: Evidence; Family law; Litigation

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APA (6th Edition):

Hickman, C. (2017). "Any evidence" in the Family Court. (Masters Thesis). Victoria University of Wellington. Retrieved from http://hdl.handle.net/10063/6682

Chicago Manual of Style (16th Edition):

Hickman, Caroline. “"Any evidence" in the Family Court.” 2017. Masters Thesis, Victoria University of Wellington. Accessed May 27, 2019. http://hdl.handle.net/10063/6682.

MLA Handbook (7th Edition):

Hickman, Caroline. “"Any evidence" in the Family Court.” 2017. Web. 27 May 2019.

Vancouver:

Hickman C. "Any evidence" in the Family Court. [Internet] [Masters thesis]. Victoria University of Wellington; 2017. [cited 2019 May 27]. Available from: http://hdl.handle.net/10063/6682.

Council of Science Editors:

Hickman C. "Any evidence" in the Family Court. [Masters Thesis]. Victoria University of Wellington; 2017. Available from: http://hdl.handle.net/10063/6682

2. McManamon, Lauren Patricia. Rape complainants on trial: Defence questioning approaches and witness emotionality.

Degree: 2014, Victoria University of Wellington

Sexual offending has always been a crime that is difficult to prosecute. Despite efforts to reform the criminal justice process, prosecuting sexual offending remains problematic (McDonald & Souness, 2011). In particular, the trial process has a reportedly traumatising effect on complainants, and this dissuades others from going to court. This issue is exacerbated in cases where the perpetrator and victim are acquainted. Compared to unknown perpetrators, there is more of a perceived possibility that the complainant consented. This puts her testimony under heightened scrutiny and makes her credibility all the more salient to the trial. Cross-examination therefore becomes an important point in the trial. However it is also identified as the point in the process where the complainant becomes retraumatised. While there is a consensus that the cross-examination is traumatic, no studies have analysed how trauma unfolds in the courtroom. This research offers some insight into aspects of cross-examination that distress complainants and potentially inhibit the prosecution of sexual offending. It uses three New Zealand District Court cross-examinations where the perpetrator is an ex-partner. The study firstly presents findings on how defence counsel construct questions and what information they house within them. It finds that defence counsel predominantly ask questions that request confirmation. These questions were used in series to construct inconsistencies in the complainant’s testimony. They were also used to mount challenges and accusations. Furthermore this study makes preliminary observations that defence counsel questions house prejudicial stereotypes about rape. Such questions misrepresent the reality of sexual offending and serve to undermine the complainant’s credibility. Secondly, the study presents preliminary findings from two cases in which the defence reissued questions in pursuit of a particular response. This occurred where the complainant resisted answering on the terms of the question. The defence treated this as inadequate and subsequently reissued the question. When defence pursued responses in this way, complainants displayed signs of emotionality in the courtroom. It was also found that after continual resistance in two cases the defence concluded the line of questioning with a three-part list. The list challenged the complainant’s credibility. This study makes preliminary observations that complainants display emotion when the counsel tells them their answers are inadequate and reissue questions repeatedly. Initial insight is offered into how defence counsel conduct the cross-examination and how it impacts the prosecution of sexual offending. This study also recommends improved education and awareness-raising for justice sector professionals to address complainant trauma and rape myths in cross-examination. Advisors/Committee Members: McDonald, Elisabeth, Weatherall, Ann.

Subjects/Keywords: Cross-examination; Rape; Conversation analysis

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

McManamon, L. P. (2014). Rape complainants on trial: Defence questioning approaches and witness emotionality. (Masters Thesis). Victoria University of Wellington. Retrieved from http://hdl.handle.net/10063/3716

Chicago Manual of Style (16th Edition):

McManamon, Lauren Patricia. “Rape complainants on trial: Defence questioning approaches and witness emotionality.” 2014. Masters Thesis, Victoria University of Wellington. Accessed May 27, 2019. http://hdl.handle.net/10063/3716.

MLA Handbook (7th Edition):

McManamon, Lauren Patricia. “Rape complainants on trial: Defence questioning approaches and witness emotionality.” 2014. Web. 27 May 2019.

Vancouver:

McManamon LP. Rape complainants on trial: Defence questioning approaches and witness emotionality. [Internet] [Masters thesis]. Victoria University of Wellington; 2014. [cited 2019 May 27]. Available from: http://hdl.handle.net/10063/3716.

Council of Science Editors:

McManamon LP. Rape complainants on trial: Defence questioning approaches and witness emotionality. [Masters Thesis]. Victoria University of Wellington; 2014. Available from: http://hdl.handle.net/10063/3716

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