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CHAPTER TWO 2.0 LITERATURE REVIEW



The Police and Criminal Evidence Act (PACE) 1984, the Mental Health Act 1983 (as amended by the Mental Health Act 2007) vividly recommends the availability of an adult during the trial of a child to ensure a fair trial for the child. This is due to the perceived undue influence that may be imposed on the child by other interested parties in the given case, for instance, lawyers. For instance in the case of Leach v Chief Constable of Gloucestershire Constabulary, Negligence – Duty of care – Police – Plaintiff acting as appropriate adult – Plaintiff claiming damages against police for psychological injury – Whether police owing duty of care to plaintiff – Codes of Practice under Code C. Or may give information that is unreliable to the officers which may later impact negatively on admissibility of evidence in a court proceeding.


Blumberg, A. (2009). Criminal Justice System: Issues and Ironies. New York: SAGE.


This book remains important in this work, given that it takes to analyze the dynamics of the criminal justice system. Most of the dynamics are those that are not usually anticipated; rotating on the loopholes that exist in the legal structures. Some of the legal technicalities such as what constitutes solid evidence are spelt out, in respect to the book. It advocated for the presence of an adult during the trial of a legal victim, witness, plaintiff or accused who is considered mentally unstable. The author stresses on the fact that the “mentally unstable” might give information that is unreliable to the police or may give information that end up incriminating themselves. It is therefore critical to have an adult during the questioning of the child. The book has been published by the Sage publishing company in New York.
Galaway, B. (2006). Adults presence: International Perspectives. New York: Prentice Hall.


This book by Galaway was published in New York, by the Prentice Hall Publishing Company. The main intent of the book is to address different perspectives that are extant, the world over, concerning adults presence. The importance of this book towards this study is to show that despite the fact that adults presence is seen as a weak alternative to the criminal justice system, the dynamics and loopholes in the world’s legal systems remain visible, calling for the need to embrace adults presence universally. This will include allowing for an adult presence during the questioning of child.


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New York: Prentice Hall.



In this book, the Umbreit seeks to provide practical and effective strategies of dealing with prisoners. The book begins by defining restorative values that make up a adults presence and proceed to explain the impact of organizational culture to achieving success in adults presence. Using qualitative and quantitative research, the two give a description of what a adults presence prison ought to look like, a very important contribution to this topic considering that.


According to the author Mulvaney and Crozier (1989), the criminal justice system is actually a criminal injustice system that only administers justice in theory while in reality making things worse. Importantly, Mulvaney and Crozier (1989) gives an illustration of a teenager arrested for a robbery and later sentenced to incarceration. Unknown to the justice system, the teenager is a victim of child abuse who is angry and alienated with the world.


Waldman, A. E. (2004). “Healing Hearts or Righting Wrongs? A Meditation on the Goals of Adults presence.” TJSL Public Law Research Paper. Vol. 15.


Waldman evaluates the break up that exists between adults presence and punitive methods. Here, the book examines various events significantly restrict a more vigorous adoption of adults presence in today’s criminal justice systems, as well as the great potential that adults presence has in developing present-day criminal justice systems. This is the ideal book for this topic because of the methodical way in which the authors seek to emphasize why today’s era of increasing reliance on imprisonment and related punitive methods need a more an enthusiastic and early change to restorative methods. The authors have used qualitative methods to give the book an international viewpoint on the different methods through which adults presence can result to a more progressive approach to dealing with offenders and victims alike.


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