TY - JOUR
T1 - Human Trafficking, Victims' Rights and Fair Trials
AU - Ward, Tony
AU - Fouladvand, Shahrzad
PY - 2018/4/1
Y1 - 2018/4/1
N2 - Cases of human trafficking are known to be difficult to prosecute. In this article we identify several issues in the law of evidence that may contribute to these difficulties. We argue for the victims’ rights as an important factor in evidential decisions, coupled with an insistence that such rights cannot trump the defendant’s right to a fair trial. Restrictions on evidence of a witness’s bad character or sexual history should not be interpreted in such a way as to prevent the defence from introducing evidence, or asking questions, that are of substantial probative value, even if they are potentially distressing to witnesses; but such evidence and questioning should be limited to what is necessary for a fair trial. The protection of victims and witnesses may also justify a relatively flexible approach to the admission of hearsay evidence, which avoids prejudging the truth of a witness’s evidence in order to establish that s/he is in fear.
AB - Cases of human trafficking are known to be difficult to prosecute. In this article we identify several issues in the law of evidence that may contribute to these difficulties. We argue for the victims’ rights as an important factor in evidential decisions, coupled with an insistence that such rights cannot trump the defendant’s right to a fair trial. Restrictions on evidence of a witness’s bad character or sexual history should not be interpreted in such a way as to prevent the defence from introducing evidence, or asking questions, that are of substantial probative value, even if they are potentially distressing to witnesses; but such evidence and questioning should be limited to what is necessary for a fair trial. The protection of victims and witnesses may also justify a relatively flexible approach to the admission of hearsay evidence, which avoids prejudging the truth of a witness’s evidence in order to establish that s/he is in fear.
KW - Human trafficking
KW - vulnerable witnesses
KW - victims’ rights
KW - character evidence
KW - hearsay evidence
U2 - 10.1177/0022018318761680
DO - 10.1177/0022018318761680
M3 - Article
VL - 82
SP - 138
EP - 155
JO - The Journal of Criminal Law
JF - The Journal of Criminal Law
SN - 0022-0183
IS - 2
ER -