Accused of murder: supporting the communication needs of a vulnerable defendant at court and at the police station

Abstract

Purpose

This paper's aim is to examine the interaction between an intermediary, a vulnerable defendant and barristers and the judge in a courtroom. The paper seeks to consider how the communication needs of vulnerable defendants, such as those with learning disabilities, should be addressed in the criminal justice system.

Design/methodology/approach

The paper considers the legal landscape for dealing with vulnerable defendants. A case example and court and police interview transcripts are then used to illustrate some of the communication needs of vulnerable people in the criminal justice system.

Findings

The paper highlights the complexities of the language that is used by lawyers in the courtroom and the difficulties that this can cause for a vulnerable defendant. Additionally, this paper reveals the difficulties that the police caution can present to a vulnerable suspect in custody.

Social implications

Vulnerable witnesses or defendants may be disadvantaged in understanding questions and the implications of answers that they provide in a courtroom or in attendance at a police station. The criminal justice system should support these individuals and provide guidance and training to professionals. The author identifies a need for more research in this area.

Originality/value

This is one of the first published papers to examine the interaction between an intermediary, a vulnerable defendant and barristers and the judge in the courtroom. The paper considers how the communication needs of vulnerable defendants should be addressed in the criminal justice system.

Citation

O'Mahony, B.M. (2012), "Accused of murder: supporting the communication needs of a vulnerable defendant at court and at the police station", Journal of Learning Disabilities and Offending Behaviour, Vol. 3 No. 2, pp. 77-84. https://doi.org/10.1108/20420921211280060