Ameliorating vulnerability arising from involvement with criminal courts
| Date | 19 September 2016 |
| Pages | 185-195 |
| DOI | https://doi.org/10.1108/JCRPP-10-2015-0046 |
| Published date | 19 September 2016 |
| Author | Terese Henning |
| Subject Matter | Health & social care,Criminology & forensic psychology |
Ameliorating vulnerability arising from
involvement with criminal courts
Terese Henning
Terese Henning is the Director
at the Tasmania Law Reform
Institute Faculty of Law,
University of Tasmania,
Hobart, Australia.
Abstract
Purpose –The purpose of this paper is to provide 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 focusses 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 programto 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 th is form of vulnerability . It suggests that the
Court Network model has the potential to addres s some lacunae in other res ponses and importantly t o
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 major responses that has not yet been brought into the scholarly
discussion in any significant way.
Keywords Justice, Treatment, Offenders, Victims, Management, Assessment, Courts,
Training/professionalization
Paper type General review
Introduction
This paper provides an overview of major mechanisms instituted in Australia to ameliorate
vulnerability experienced as a corollary of involvement in criminal courts as defendants, victims or
witnesses of crime or family members/friends of such people.
It begins by providing a brief overview of two major categories of vulnerability experienced
within the crimina l justice system –generally experienced vulnerability and attribute-based
vulnerability. It then focusses on generally experienced vulnerability arising as a corollary of
involvement in Aus tralian criminal c ourts locating it wi thin a human rights fr amework
and outlining dom inant responses to i t –the provision of legal aid and the establishment of
community legal centers (CLCs) and victim/witness support programs. The view is taken that
these responses fa ll short of adequately addressing th is form of vulnerability even thoug h they
may comply, at least in a minimal way, with human rights mandates. This is because of their
limited availabi lity and fragmentat ion, which potentia lly undermines their accessibility. The
paper then conside rs one model that offers possibilitie s for achieving an integrated, manage d
approach to ameliorating this form of vulnerability. This is the Court Network program which
provides non-legal support to court users in Victoria and Queensland. It concludes that this
Received 2 October 2015
Revised 6 January 2016
Accepted 6 January 2016
DOI 10.1108/JCRPP-10-2015-0046 VOL. 2 NO. 3 2016, pp.185-195, © Emerald Group Publishing Limited, ISSN 2056-3841
j
JOURNAL OF CRIMINOLOGICAL RESEARCH,POLICY AND PRACTICE
j
PAGE185
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