Confession Or Denial: The Absence Of An Appropriate Adult In Police Custody And The Impact This Has On Admissibility Of Evidence

At Further Criminal Proceedings.

List of Cases Hodgson, Vulnerable Suspects and the Appropriate Adult, [1997] Crim LR 785 R v Aspinall [1999] 2 Cr App R 115 Leach v Chief Constable of Gloucestershire Constabulary [1998] All ER (D) 399 R v Fogah [1989] Crim LR 141 R v Weekes (1993) 97 Cr App R 222 R v Dutton (1988) Independent 5th December R v Lamont [1989] Crim LR 813 R v Kenny [1994] Crim LR 284 Cox [1991] Crim LR 276 R v Ham (1997) 36 BMLR 169 R v Lewis (Martin) [1996] Crim LR 260 DPP v Cornish The Times, January 27, 1997 R v J [2003] EWCA Crim 3309 R v Clayton 14th April 2000 R v Cox [1991] Crim LR 276 Clarke [1989] Crim LR 892 R v Campbell [1995] 1 Cr App R 522 R v Bailey (1995) 2 Cr App R 262 R v Everett [1988] Crim LR 826 H and M v Director of Public Prosecutions [1998] Crim LR 653 DPP v Blake [1989] 1 WLR 432 R v Jefferson and others [1994] 1 All ER 270

Acknowledgments

This dissertation has been written with the guidance of my tutor and support of my program administrator for this course.

CHAPTER ONE 1.0 ABSTRACT

The role of the appropriate adult was created by the Police and Criminal Evidence Act (PACE) 1984 and accompanying Codes of Practice, with the intention of safeguarding the rights and welfare of mentally vulnerable persons, both suspect or witness once in custody.

This safeguard was introduced as mentally vulnerable persons are capable of providing information that could be considered unreliable, misleading or self-incriminating, and therefore are subject to miscarriages of justice1.

Difficulties arise in police officers identifying mental disorder at the police station and requesting an appropriate adult to support a mentally vulnerable person who finds themselves subject to the criminal justice system when important decisions and actions take place.

This dissertation examines how the absence of an appropriate adult at the initial questioning could impact the effect on the admissibility of evidence at further criminal proceedings. 1.1 INTRODUCTION

Gathering of evidence from persons in police custody through the mechanism of police questioning is an important part of the criminal process. More important, is the admissibility of
1 The Police and Criminal Evidence Act 1984, Code C

such evidence obtained in order for the effective and fair prosecution of criminal cases. All persons have the right to legal assistance in police custody; a further requirement exists for mentally vulnerable persons, which is the presence of an appropriate adult during questioning. When a person is arrested and the police officer suspects or has been informed that they are suffering from a mental disorder, an appropriate adult must be contacted and requested to attend.2

Existing research has revealed that the presence of an appropriate adult is not always requested at the initial questioning stage and much of this research focuses on the right to access to legal assistance during questioning in police custody, but not a lot of research considers specifically the absence of an appropriate adult.

If we consider that the admissibility of evidence hinges on the presence of an appropriate adult, it is considered justifiable to undertake this research which will assess the primary role of the appropriate adult and the impact the absence of an appropriate adult has on the admissibility of evidence at further criminal proceedings3.

THEORETICAL FRAMEWORK Though theoretical, the absence of an appropriate adult during the initial questioning stage might lead to wrong conviction of a suspect or even witness. Mark, 2006, restorative justice looks at the concept of allowing adults presence in a trial of a mentally vulnerable persons
2 Essential Mental Health Law: A Guide to the Revised Mental Health Act 1983 and Mental Capacity Act 2005, Anthony Maden and Tim Spencer-Lane (2010) 3 Mental Health: Law and Practice, 2nd edition, Phil Fennell (2011)

or children for that matter. He tries to dissect the implications that the absence of an adult would have or mean for a case involving a mentally vulnerable individual. The main concern in Marks book is the way in which mentally vulnerable criminals with cases of mental vulnerability are viewed by the police. The author describes evidently why such mentally vulnerable criminals deserve more recognition and in the police custody as opposed to what is accorded to them. In most cases these mentally vulnerable criminals also referred to as remedial, basic and/ or poor mentally vulnerable criminals due to the limited opportunity and narrow understanding in them and not because of insufficient skills and intelligence. Social and economic forces have a profound influence on the performance and intelligence of mentally vulnerable mentally vulnerable criminals. According to Rose, the contemporary method of assessing and learning are misused and short sighted especially when dealing with mentally vulnerable criminal. In relation to the authors argument, it is evident from my own experience in some criminal cases. The police in some cases do not recognize, leave alone appreciate the presence and according assistance to the mentally vulnerable mentally vulnerable criminals. In most cases, mentally vulnerable criminals have failed to understand what they are questioned in the cells and ended up implicating themselves during the questioning Some give unreliable witness accounts which may eventually lead to false implication of a given suspect. Even a mentally convenient criminal would not perform well if he/she is undergoing through domestic stress in the family, this has failed many mentally vulnerable mentally vulnerable criminals in most courts. When the mentally vulnerable persons are being questioned, especially when they are having other pressing problems they tend to have fear within them. a factor which makes them agree with most of the polices implications and during court proceedings, they are likely to articulate to a

lawyers advantage leading to inaccurate ratio dacidendi. As the author illustrates, the mentally vulnerable mentally vulnerable criminals require an adults presence during the questioning to enable for the provision of accurate information in a given case. Due to these arising situations due to the lack of an appropriate adult, Ross provides the best avenue for assistance by bringing in the appropriate adults to help the mentally vulnerable mentally vulnerable criminals or witnesses. The justice system is based on how mentally vulnerable criminals and the adults presence introduced to the police for questioning usually impacts on the less mentally vulnerable criminals who needs more attention in order to provide reliable information in the particular case. "More often than not we admit, an absence of an adult is social more than intellectual in origin" (225), this is directly linked with the nature of questioning and testing experience in that most mentally vulnerable criminals retain mental incapacities and hence are not solely reliable for the information they provide to assist in investigation of a particular case. They are often blamed for such mistakes which evidently result from their cultural and social backgrounds. According to Rose, the best way of addressing disparities in adults presence is through one on one contact between the mentally vulnerable criminals and the adults. "Healing possibilities of the teacher-student relationship" (123). Ross(204) states, "so many platitudes about motivation and self-reliance and individualism" The hasty nature of the modern classroom does not provide ample time for instructor to detect social, cultural, and developmental lapses which bar children from finding their literacy potential. When mentally vulnerable criminals are allowed to participate actively, they tend to develop interest in questioning and lose the real idea which is to only provide relevant information and so chances of them succeeding are low. In the normal questioning environment, adults have not had time to devote themselves to mentally vulnerable criminals to understand their the nature of their communication thus how to get

information from them. But when the available adult is a relative or close friend for that matter, they tend to easily understand what the mentally vulnerable individual may be trying to communicate. Based on Roses adults presence theory, the adult should use familiar methods which facilitate active information retrieval where mentally vulnerable criminals answer questions, come up with their own questions, solve problems, discuss, and brainstorm during classes. This is different from the usual interaction where everything is done by the adult. Under this theory, mentally vulnerable criminals are presented with challenges and learn of the nature of the present system. In the normal questioning, mentally vulnerable criminals are not well placed to fully comprehend whatever they would be answering. Based on adults presence theory by Rose, mentally vulnerable criminals are subjected to a significant amount of language through interesting contents. This provides an excellent technique of imparting language skills among underprepared mentally vulnerable criminals who get explored interesting contents and engage in relevant activities that are legal dependency. As stated by Rose (204) many platitudes about motivation and self-reliance and individualism." Roses adults presence theory promotes useful information provision that is entrenched with appropriate communication context rather than isolated language fragments. In the obvious police custody, mentally vulnerable criminals are always subjected to regular method of questioning. This minimally impacts on the information provision of the mentally vulnerable criminals as opposed to the technique discussed by Ross. To help in understanding the dynamics involved in influencing a case, we would have to look at the psychological backing of the same.

Primary Role of an appropriate adult

The most fundamental role of the adult would be to try and make the arrested victim feel a bit

comfortable in answering the police questions that would be directed to him. This is because of the closeness that the two should be having. The adults would ensure the police do no t exploit the mental vulnerability of the suspect to their own interests. The police are known of doing their best in making arrests and prosecuting the arrested victim. This sometimes leads to false sentencing of a given victim. The point of implication being that the victim might have given information that lead to the implication of him/herself. Another important role that the adult may play during the questioning is verifying the evidence given by the victim and assessing not only the relevance but also the implications of the same to the victim. This is to avoid self implication. Theories relating to these include: Psychological Theory Part One The psychological views An application of a theory is when aspects in part or otherwise are fully implemented or practiced by the subjects told by the theory. Different theories emerge every other day, question is, are they applied? Do we ever see them in practice? Or do they just remain theories. Criminal psychology is regarded as a normative theory that concerns itself with the purpose of crime. The philosophies as put forward by various philosophers are keen on justifying why there is a need for adult aid. In addition, the philosophies attempt to describe the best way that the criminal process can be carried out so that its subjects reap maximum benefits from it. According to Plato criminal investigation ought to be holistic, through the incorporation of facts, physical discipline as well as listening and understanding of the involved parties. In his

philosophy of crime he argues that the inclusion of the mentioned elements into the criminal investigation process enhanced the role of adult presence to the criminal investigations as a whole since he considered them as the most fundamental right to a mentally vulnerable individual (Plato 423 BC). Immanuel Kmart on the other hand believes that just like in education where education is considered quite distinct from training as it involves thinking while training does not. To him education should reflect reason, in all its facets by employing learning by doing approach in all its process. This he argued would in turn influence the characters and morals of those subjected to education (Kant, 1804). Aristotle philosophy on education advocates for a systematic approach in teaching students. Teachers, according to him ought to cultivate human nature, reason as well as habit in their education process. For instance, the human nature that dictates a concept be repeated severally for it to be understood is a crucial tool in the education process. Constant repetition of concepts in a systematic approach enables better grasping of concepts (Aristotle, 1831). So does the criminal investigation process where it would be crucial to train the mentally vulnerable person on how to answer police questions or have somebody to do that on their behalf altogether. Impact of the views The various views of education as portrayed in its philosophy and importance has had and continues to have a profound impact on teaching and learning. The use of the methods and techniques as put forth by various philosophers has aided in the improvement of the methods employed in teaching consequently influencing how students learn and apply new concepts. The incorporation of facts, art as well as music in the education process has aided greatly in the

learning process. Arts for instance have played a critical role in the enhancement of creativity which is a very crucial tool in education. It is important as it aids in the transformation of conventional learning institutions into discovery hubs. Innovation on the part of students has consequently increased hence contributing to the general development of the nation. Cultivation of human nature in the teaching process has also contributed greatly to the teaching and learning process. By nature human beings tend to grasp concepts that were exposed to them frequently, better that they grasped those that were only exposed once or on rare occasions. Teachers especially those responsible for teaching the young, have found this idea very handy. They for instance teach their pupils in a systematic manner with constant repetition of new concepts so that they are better grasped by the young minds. A systematic approach dictates that no new concept is learned before an initial related concept is covered and well understood. The application of this concept can be seen in use through the employment of curriculums as guides in the teaching process. Education philosophy and its views continue to play a critical role, through the provision of appropriate methods of teaching as well as emphasizing on the importance of the education process. Educational Theorist (Jean Piaget) Jean Piaget is an outstanding theorist in education. His contributions in the field of development and epistemology may never be overestimated. Piaget outlined which a child matures to in his/her stages of development. This in turn gave a healthy contribution towards education and how it is perceived in the stages of development. This has literally lead to the development of the curriculum as we know it today. Jean Piagets stages of development include:

The senori-motor also referred to as the motor stage occurs between the ages of (0-2) and is the first stage of cognitive development accordign to Jean Piagets theory of development. At this stage, the child learns of its environment through physical interaction with the same. The child learns to manipulate its environment to its call; it learns to control the surrounding by for instance heating a spoon on a plate to produce noise. The child begins to cultivate a set of reality as it grows. However, at this stage the child assumes ultimate subjectivity. It assumes that objects cease to exist once it (the child) cant see them; a condition referred to as object permanance (Piaget, 1968). The second stage is the pre-operational stage which occurs between the ages of (2-7). At this stage the child cannot still be considered to have developed enough to think objectively, it still views itdelf as the center of all actions and that things do not exist when it cant see them. A sort of thinking described as ego-centric. The child still requires a solid physical state of affairs as it still abstractly conceptualize the environment. Another important marker of this stage is the development of language; the child begins to associate things in the environment by using images, objects and words. For intsnce a child playing the role of a doctor, or using a cup to represent a vehicle. However, children at this stage cannot still understand logic but rely on their imaginations while shaping perception (Piaget, 1968). The third stage is the concrete operational stage which occurs between the ages of (7-11). At this stage the child is able to think logically and is aware of the existence of other objects even without seeing them; the child losses ego-centrism. The child may also engage in solving problems in an abstract manner and may also engage in arithmetic computations. The child may conserve the knowledge of numbers mass and weight in that order during growth (Piaget, 1968).

Formal operational forms the fourth stage and occurs between the ages of (11-15). Here the child can reason logically as its cognitive structures form similar to those of a grown sane adult. The child becomes hypothetical about the future and views problem critically (Piaget, 1968).

Part Two Marxist theory According to Marx, the formation of the youth subcultures is a strategic attempt by the capitalists to exercise divide and rule concept, so that they can be able to dominate resources within a given area. The idea here is to encourage the formation of subcultures, and direct a lot of popularity on their side in a bid to induce a perception on the youth that being able to identify with a given subculture is the right thing or rather cool thing to do. This leads to a constant increase in participants who are loyal to their groups beliefs and practices consequently sustaining the existence of the subcultures. The plan here is to use their loyalty and strong believe in their culture as the right one, to rise against another subculture. This consequently leads to wars between subcultures making the youth concentrate more on the discrepancies between rival subcultures rather than how the ruling class is misusing the resources. With more attention shifted to the subcultures the ruling class continues to enrich them using public resources since there is lack of the very much need unity to prevent such selfish interests from being secured. The ruling class, who ensure that the cultures do not become distinct, thus

funds the activities of the subcultures. As a result, these subcultures are passed from generation to generation, each day enticing the youth to becoming participants due to their unique mannerism of doing things. Interaction theory This theory is of the idea that, subcultures do not just come into being through social forces, since they are not coherent social groupings. The theory blames the mass media for creating an ideological framework from which the youth can be able to spot or rather locate their behavior. They hence assimilate to the group in which they can easily trace there behaviors, believes as well as practices. Through their interaction with the environment, the youth are continuously exposed to diverse ideologies and they consequently assimilate to the groups into which they share ideologies as well as believes. Therefore, an individual personally decides whether to become a participant of a given culture based on his or her personal ideologies and believes in relation to those of a given subculture. From this angle of argument, it is clear that personal decision is also a very crucial factor that contributes to the participation to a given subculture as well as its consequent growth in the long run. However, it is important to note that these decisions are greatly shaped by the mass media though exercised by individuals. Theoretical perspective of subculture Part Three Introduction The youth subculture is basically, the concept of deriving identification from a given youth based subcultures. These subcultures are popular for giving the youth an identity apart from that they get from social institutions such as homes families as well as schools. Different subcultures are

distinguished by their unique styles of clothing, hair, dialects, behavior as well as music genre. Each subculture has its own distinct way and approach to various issues in the social spectrum. It is evident in their use of unique symbols with exceptional meanings that are comprehended by the participants or members of the subculture. Because of the existence of subcultures in our modern society especially among the youth, the young generation continues to struggle to fit themselves into groups from where it is perceived they can be in a position to source their identity. Of keen interest to note is the high degree of loyalty participants of a given culture, award to their respective group, this loyalty is manifested In the unique fashions, believes and practices. Questions still linger as to what is the key motivator of the formation of such sub-cultures, why should they be in existence in the first place and what are the factors that have facilitated its constant growth over a period of time that has seen its adoption as well as socialization from generation to generation. The significance of such groups in the society has also been a subject of debate that has elicited diverse reaction from various spheres and school of thoughts. However one fact is for sure, all participants of the subcultures have their own reasons that compelled them to ascribe to given subcultures. One major reason that has dominated most debates is the lack of identity, a concept that is also quite questionable since in the modern society there are various avenues from where the youth can source their identity, therefore weakening the grounds on which lack of identity can be a convincing reason for such a phenomena among the young generation. The paper will attempt to shed some more light on the topic of discussion in a bid to be clear on the concepts behind the formation of subcultures among the youth and the factors that are key motivators to their participants. In an effort to comprehensively unravel the mysteries that

abound in the youth subculture concept, a critical analysis of the topic is put forth, supported by theories that have close ties to the subject. This will ensure that the looming uncertainties on the subject of discussion are cleared beyond any reasonable doubt and the facts and principles behind the concept clearly spelled out. To ensure a brooder understanding of the subject, examples that point to the execution of the youth sub-culture concept are also highlighted. The argumentative structure of the paper is keen on ensuring that an objective analysis is made on the topic, before a critical conclusion on the subject is made. Impacts on Health Psychology Health psychology deals with how psychological, cultural, environmental, and biological factors affect the prevention of sickness and physical health of a human being. The main objectives of health psychologists are to conduct researches in order to identify experiences or habits that improve health, influence efficiency of health care, and give rise to sickness. In addition, they assist in creating health care policies that will promote health care. Health psychologists assist in the communication between patients and physicians during consultations for medical grounds (Ogden, 2007). Farhad Tabrizis case provides a good example of issues that a health psychologists deals with in hospitals. This case presents a clear picture of how failure of communicating culturally can affect the health of an individual. It is difficult for nurses and the doctor to gather relevant health history from Mr. Tabriz because of the language barrier. Another thing is Mr. Tabriz may be unwilling to speak about his health history in the presence of his son. Furthermore, religion and culture affects Mr. Tabriz health through limitations on the type of food to eat. Another important factor that Tabrizs case points out is that, knowing the translating language is not enough; Thomas (2005) agrees with this notion. Cohen and McChargue (2003) argue that the

capability of understanding the language, culture, and medical language is very important. Ethnicity and culture are some barriers in the establishment of a satisfying and efficient patient-doctor communication or relationship. Efficient communication is important in the provision of secure and high quality health care. These barriers include cultural difference, poor health literacy, and language difference. When a patient visits a physician, the physician uses experience from his or her knowledge to decide how and which information to collect concerning a patient. The medical staff collects health history of a patient through observing the patient, imaging, laboratory testing, mental and physical examination, and dialogue with the patient and relatives of the patient. Then, the medical team compares these specific data to available knowledge to establish a treatment plan. Eventually, the medical team shares the final report with the family of the patient and other treatment team members, insurance companies, pharmacists, and other caregivers. Dissemination of the medical report happens orally, writing, electronic transmission, and issuing of instructions and notes. In the case of Tabrizi, the doctor shares his medical report through oral communication (Quick, & Tetrick, 2003). Nowadays, much of information management in health care is in the form of written or oral communication between the patient, patients relatives, and medical team. If the medical team centers the care on the patient and his or her family, then the communication will be very frequent. (Meyer, 2003) This is to ensure that the medical team involves the patient and his or her relatives in the treatment process and to understand the patients point of view on the matter. It is frustrating and difficult for Tabrizis medical team to collect accurate information from him since he does not speak English. This means that Mr. Tabrizi will not receive the best health care from the hospital because of the language barrier. In addition, after all the results are out, Mr. Tabrizi does not receive the accurate information from Dr. Looke even though the translator is

his son (Cohen, & McChargue, 2003). This case shows that medical language is difficult, since it is clear that Mr. Tabrizis son is not able to mention and explain to his father about chemotherapy. In addition, he does not even mention cancer he just calls them some growths. In this case, the communication between Dr. Looke and Mr. Tabrizi is not effective at all. May be Tabrizis son does not know a Farsi word that means chemotherapy, or he does not want to tell his father the truth to avoid stressing him. Sometimes relatives alone can be a barrier to effective communication as in this case. It is important to note that effective communication is both participants comprehend the communicated information. Usually it is bidirectional, and it enables the participants to elucidate intended information. When there is no effective communication, health care continues with errors, risks, and poor quality. Since Tabriz is not fully aware of the illness he has, it is likely that he will not follow the recommendations of the doctor hence, receiving poor health care (WilsonStronks, & Galvez, 2007). Religion and cultural differences can also mess up a progress of ones health when in hospital. For instance, Tabrizi does not want to take the hospitals food because he not sure if the food has pork or not. His religion does not allow him to eat pork or pork products, so, he feels it is safe not to eat the food at all. Mr. Tabrizi still refuses to eat despite the fact that the chief nurse urges him to do so for his own health. This serious problem affects many patients in hospitals. Another example is that it may be difficult for a female Muslim to disrobe in the presence of a male doctor, even if it is necessary. In addition, some African beliefs and cultures do not allow making eye contact or even questioning an authority person, it is disrespectful; yet, a doctor just needs a confirmation from a patient through eye contact or questioning. A part from poor quality and unsafe treatment, miscommunication and cultural differences can lead to some problems.

One of these problems is that the cost of health care can go up because of miscommunication and cultural differences. For example, if a patient does not understand the doctors language, or understands very little, the doctor may need to do more tests to come up with diagnosis. All the tests need money; therefore, the patient will have to pay more than the one who communicates effectively, since an effective communication will lead to a faster diagnosis (Lindh & Pooler, 2009). Since it is clear that efficient cultural communication is essential in delivery of quality health care, then it is important for hospitals to ensure that they provide interpreters whenever a need arises. For the case of Tabrizi, an interpreter would be very useful. If there is no translator in the hospital, then a telephone translation can be useful. Hospitals also should ensure that patients could obtain food that will not bring conflict with their beliefs. Furthermore, relatives should not take part in translation, because, they sometime tend to conceal some information in trying to protect the patient. This will enable such patients as Tabrizi to receive safe and quality health care (Thomas, 2005). In conclusion, it is evident that the provision of high-quality and safe health care depends on effective communication between, patients, patients families, and medical professionals. Efficiency in communication needs the recognition and removing the three key problems namely cultural differences, language barriers, and inadequate health literacy. The health of every human being is essential; therefore, hospitals should be on the forefront in removing these barriers. In addition, governments should also help by formulating policies that will make it necessary to remove the barriers and improve the lives of many people like Tabrizi who, otherwise, will end up dying. It is also important for relatives and friends to ensure that their patients receive high quality and safe health care at all time

Contradicting theory Altruism-how the unselfish is really selfish The word altruism refers to selfless concern towards other peoples welfare. Altruism focuses on motivational drive towards helping others and always wants to perform good things towards others without reward. Altruists are always happy when other people are happy, sad when others are sad. According Abraham Maslows hierarchy of human needs, people tend to satisfy their needs in order. First their basic wants (food, shelter, and clothing); secondly they satisfy want of good security, thirdly their sense of belonging, fourth purpose/esteem, and firth self-actualization. In the first two stages individuals might look selfish when they are satisfying their wants, but they behave differently towards higher stages such as self-actualization. Selfishness is the act by a person that aims only at satisfying her or his self. This paper aims at exploring the relationship that exists between selfishness and altruism. There altruism even in animals inform of one animal risking or sacrificing its life for the survival of the other animal. For example the research done on animals by researchers such as Hamilton where bees sacrifices themselves in oder to allow the queen to produce off-spring are explaining altruism which has lead to Hamilton rule. Altruism in human is more subtle than just compromising one's life for some other person another, and also you cannot account for it by just simply applying Hamilton's rule. Most selfsacrificial actions that many people perform for others do not involve them directly risking their life, and may also involve some absolute gains to the actor. To add, if the receiver of that action is not a relative, then Hamilton's rule will not apply. In fact, there has been some doubts as to if really human altruism exists, or if what people do think about altruism is actually justified. Most people allow for altruistic actions to incorporate gains to the actor so long as they are the

aftermath of the behavior by the receivers of the altruism , or others, and so long as the altruists has no greater say over receiving those benefits . Some also argue that every intended altruistic behavior is motivated by the gains to the altruistic individual performing that particular act. These include physical or material benefits, such as reduced taxation for contribution to charity, increased self-esteem for doing something nice and good, and also sense of security that at some point in time the recipient will return the favor. Even though not everyone comes to same agreement that altruism can sometimes be all pure, the definitions of it (altruism) agreed upon by those that have deep interest in studying altruism seem to let the benefit to the donor, provided the act of self-sacrifice done for somebody else, with rewards to the actor not significantly involves in motivation. Human altruism has got that complication of compassion that is sometimes being confused to have the same meaning as altruism. These words have two different meanings; with compassion meaning an emotion while altruism means action. Even though they are connected a person can act in an altruistic way without necessary sharing the feelings of other people, but a person may feel compassion without doing altruistic action. Some arguments has been made against altruism calculation theories based on decisions to do some altruistic actions, just to say; for example a person jumping into a river to save some drowning teenager, may not be made based on the calculation of genetic inheritance, but because of emotions and feelings towards doing good. These two words seems to be both having influence in decision making, and the issue of neurological mechanisms playing into these makes it to separate them from each other when evaluating such actions. There is a relationship between selfishness and altruism and the perceived split between the two false and damaging to the moral integrity. My argument is that self-interest concept can

be reinterpreted to include doings which are generally viewed as altruistic or maybe selfness, giving examples to support it. The combination of the two requires definition which is less dualistic but growth oriented than just morality that most people express. Ditochomy in altruism and selfishness In most that talk about selfishness and altruism, theirs has been assumption that selfishness and altruism are polar opposites. According to those discussions to do moral thing always mean being an altruists. The moral action of the altruists is not influenced by self-interest decisions but is influenced by morally accepted decisions. Conversely selfish act is to prevent or to make impossible for a good to happen which may have been morally implicated.However this view was criticized by descriptive theory of egoism, Feinberg and psychological by arguing that moral deeds are sometimes leads to compromising self needs for other causes. This ditochomy is not true It is necessary to note that those who do altruistic acts are always aware of the topic and they do the topics that they feel comfortable with and that they fully identifies with. For instance, for the risk of my life I decided to support a government that will advocate for a democratic, stable and peaceful country. The big question is that what is the reason behind my selfless act and what good will I gain? In this case I will gain security in terms of physical and health securities. Also the elements of identity will rise in. That is whenever people see me they will see me as a democratic person. The point therefore is that a persons self-identity expands beyond a persons self interest in a very narrow sense, therefore allowing for situations where selfish action becomes a moral one. In the example above to argue that the sacrifice I have made is to achieve altruism is contradictory. Democracy is highly central in protecting myself interest and is more painful for me to give it up. Altruism and selfishness ceases to exist as mutually exclusive

acts. Assuming that there exist dichotomy between selfishness and altruism is derailing peoples moral integrity To many people the label altruist is likely to solve some difficult mental problem to them. Their definition of altruism is denying ones self for higher good; yet sometimes they do not imagine any person willingly sacrificing all those things that include their conception for the self for some greater cause. After all people with self-interested respect does not willingly give that self respect for anything else. Now how then can a person give accord to the actions that seems to have altruism? To label one or action as selfless or altruistic will answer this conundrum. Altruism here is viewed as a character trait while selflessness is seen something that comes easily to somebody because that is part of how he or she work and others does not necessarily posses that same character trait. Some people having explained altruistic actions of others in terms of traits which seemingly they dont have, need not to speculate further why altruists are motivated to do selfless acts. This makes those people to fend off some uneasy questions which are of their personal moral duty in relation to altruists perceived actions. Therefore polarizing altruism and selfishness to be a personal trait can enable individuals to avoid their moral actions responsibility. Polarity between altruism and self interest will provide a rationalization for failing to be altruistic: because it is viewed as very immense, too much of a sacrifice. This explains apathy and moral laxity towards the problems facing the world. Self-interest based in moral theory Usually people do things of higher cause that they feel are so identical to their selfidentity. They undertake risks on things that negate their self concern. Everything they do is meaningful to development and more so actualization of self identity. They would rather work

on their ability to perspective-take so as to maintain their identity on the individuals they are doing well to; rather than work to deliver good on people which they cant identify with. Selfinterest should not be defined to include only the need for bodily material but should include anything that a persons personal view to be necessary for his or her meaningful existence. Given that everybody has different conception of what their meaningful existence depend on, hence making conception about self-interest to vary tremendously between different individuals. Selfinterest and identity conceptions are not personally speculated; quite a number of researchers and many theorists have supported the belief that a persons self-sense exceed just the need for physical body. For example psychologists Susanne Cook-Greuter, Jane Loevinger, Carol Gilligan all present detailed research showing that an individual conception grows with time. Moreover these development researches also show that persons self-identity growth is directional. Thus people grow in experience and also self-identity all through their life; theoretically they should always be seen as being in their own self-interest, acts that other people may view as being selfless and altruistic. Philosopher Jeffrey Reiman looks at the concept of self-identification in the moral realm. These can make one to say that increased exposure to other people and different other perspectives makes an individual to increase his or moral capacity. However the difference that exists between self interest and altruism is too all entrenched and is unnecessarily limiting of conception about moral behavior by persistently linking moral action to unnatural self-sacrifice of any sort. There altruism even in animals inform of one animal risking or sacrificing its life for the survival of the other animal. For example the research done on animals by researchers such as Hamilton where bees sacrifices themselves in order to allow the queen to produce off-spring are explaining altruism.

Conclusion Pursuing self-interest leads to a great deal of acts that one will consider Moral while others might call it altruistic. When there are some moral questions somewhere which needs some explanation or calls for some answers, individuals dont sacrifice their sleep trying to figure out the right decision or the right answer. People have some unique values and some personal principals that they consider central to their identity and meaning in life; they might include equal opportunity, autonomy for all people maximizing opportunities for their growth and the growth of others, the right to happiness and to comfort and so on. When faced with difficult problems, people usually evaluate decisions that further most of their principles. In fact if they dont consider their interests or make some serious errors in their assessment of the situation, they will feel that something in themselves have been compromised and might further feel threatened by that thing. This makes selfishness to be an effective moral approach for most people.

Factors that may lead to denial of a victim to an appropriate adult

Seeking of a sacrificial lamb The police usually seek a sacrificial lamb when they have failed to convict someone to a particular crime. This is because they would not wish to have cases unsolved. As such, when they lack appropriate evidence to pin the responsible culprit, they go ahead and seek a sacrificial lamb who takes the blame for a crime they didnt commit. If due to bad lack they find somebody with mental vulnerability, they use the this advantage to close the particular case.

This boils down to the question of ethics and how the police force is equipped with it. Understanding ethics Concept of ethics Philosophical developments advanced by think tanks in different fields, has led to human civilization. Medicine, politics, economics, ethics, government, military, business, entrepreneurship, arts and sports, among others, have underestimated the dexterity and prolificacy of philosophers. Philosophers ethics for instance, has been shaped by philosophers such as Aristotle, Emmanuel Kant and John Locke have revolutionized all these particular fields. As a branch of philosophy, ethics is a moral philosophy that addresses the questions concerning morality, goodness or badness of a conduct by an individual or community Aristotle He existed between 384 BC and 322 BC; he advocated that ethics be seen as a self realization. To Aristotle, the lucidity of ethics is based on the fact that if an individual acts in accordance with his nature and to the realization of his full potential, he will be contented. Aristotle visualizes ethics as the key contributor to the realization of individuals full potential. He postulates that at birth, the child is not a person, but the potential to become a person. In order to becomes a real person, that childs intrinsic potential must be realized. Aristotle mentions that the application of ethics makes the society acts in accordance with nature so as to nurture the childs latent talents so that he may be complete and contented (Bakewell)4. According to Aristotle the absence of this ethical observation by the parents or the society may lead to frustration and unhappiness. This frustration emanates from the potential that is never realized of a person. Aristotle asserts that this will eventually lead to poor. Ethics is also the most primeval factor in the realization of a happy society since it allows for self 4 Bakewell, C. M. Aristotle on Ethics. New York: Charles Scribners Sons, 2008.

actualization, while happiness in itself is seen as the ultimate goal of human existence. To give emphasis to his point, Aristotle maintains that socio-political constructs such as wealth and civic life are the only means to the end, and therefore being ancillary to ethics and the happiness. He advocates that proper ethics must ensure that there is room for awareness of ones nature, and the subsequent nurturing of ones talents since they are essential ingredients of happiness according to Aristotle (Barnes)5. Aristotle also views ethics as the force that holds human society and civilization together, since it is ethics that controls the dynamics and reality of human nature. To Aristotle, man and his nature is a trifurcation of the vegetable, the animal and the rational elements. The vegetable elements include the physical aspect of man, and his metabolism, whereas the animal part consists of the appetitive and emotional aspects. The rational part of man on the other hand includes the mental and conceptual aspects of man (Colman)6. According to Aristotle Ethics should allow for the measurement of extremes, for instance, as an ethical concept, courage is seen as the moderation of recklessness and fear. Aristotle sees ethics as a very important factor in the society and suggests that man should not just simply live, but does so well and in conduct that is bridled by moderate virtue. Nevertheless, many see the actualization of this dictum as being so difficult, given that the virtue that is being referred to entails practicing that which is right, at the right time, with proper motivation, for the right reason, to the right party, to the appropriate extent and in the correct manner (Hughes)7. Emmanuel Kant He did his works between April 22nd, 1724 and February 12th, particularly, it is vital to note that Kant was mainly interested in deontology, as an ethical approach that asserts the
5 Barnes, J. Aristotle and the Methods of Ethics. (Oxford: OUP, 2000), pp 78. 6 Colman, John Lockes Moral Philosophy. (New York: Wiley Press, 1990), pp 56. 7 Hughes, G. J. Aristotle on Ethics. New York: SAGE, 2007.

rightness or goodness of an object, an element or an idea. As such, Kant postulates that it is better and more accurate to observe the rules and duties that are related to the action. It is due to this reasons that Kants philosophy on ethics is seen as being deontological. Kant8 asserts that, To act in an ethically upright manner, an individual must have acted from duty, Kant went ahead to illustrate that it is not the consequences of the actions carried out that makes an act right or wrong, but the benefits received by the majority. The Kantian point of view on ethics maintains that, Elements deemed to be good, such as pleasure, intelligence and perseverance cannot be counted to be taken to be intrinsically good, or in the absence of qualification (Kant)9. While intelligence can be used by an individual to harm others, pleasure can be derived from watching other people languish in poverty and misery. Perseverance may also be used as a weapon or a stratagem employed by an individual against his perceived enemy. As such, all these are constructs that are good by the look at the facade, but in reality, they portend actions that are ethically worse. Kant, like Aristotle uses a maxim to bring out the importance and essence of ethics Kant10.Given the above maxim made by Kant, it is easy to see that to him, the most important concept that used to appraise an action carried out by an individual as either good or bad, is the will. This is to say that to Kant, an action may be deemed bad, in extrinsic terms, but a careful look at the intrinsic underpinnings may justify the action that has been carried out. John Locke He performed his duties as a philosopher between August 29th, 1632 and October 28th, 1704. He did not only make contributions touching on political philosophy, but also made cogent contributions towards ethics as moral philosophy. As a matter of fact, Lockes concept of ethics 8 Kant, Immanuel and Heath, P. Lectures on Ethics. (Macmillan, 1900), pp 109. 9 Kant, Immanuel. Fundamental Principles of the Metaphysics of Ethics. (London: Longman, 1900), pp 80.
10 Kant, Immanuel. Lectures on Ethics. (Hackett, 1963), pp 78.

is considered in social sciences as the Father of Liberalism (Dunn)11. According to Tully, Lockes viewpoint on ethics is found on intergenerational obligation and stewardship. To Locke, the system of intergenerational ethics is based on five factors: the need to preserve human species; the need to prevent any possible destruction or wastage of creation; the need to treat the earth as opposed to owners the need to leave behind, what is enough and good for other people; and the need to respect and preserve every generations right to chart its own destiny by making its own political choices. This means that John Lockes arguments on ethics are merely geared towards ensuring that there is intergenerational social justice and harmony (Tully)12. The preservation of the human species is the primary concern of Locke in ethics. To him, all ethical standards and fundamentals of all natural laws are ancillary to the need to act towards the realization of the preservation of species. Locke adheres closely to Biblical notion that the earth is given for mankind as a form of intergenerational commons and cites King Davids point that, God gave the world to Adam and to his posterity in common. To this effect, the chief obligation of mankind as the tenant is to maintain the property or an asset in as good state as it was, primordially. To Locke, therefore, as a tenant, every individual must be guided by the ethics that will safeguard the earth for both God and the tenant-generations that are to come. Locke asserts further that the practicing of ethics must ensure that the consideration of the world as commons must prescribe waste and destruction. Locke states that given that all human possessions are tokens from the Creator, then it is definite that people have ethical and moral obligations to practice due care of possessions that are within their jurisdiction. Locke sums his point by quipping that God made nothing for man to destroy or spoil. In almost the same wavelength, he maintains that it is morally binding for persons in the state of nature to
11 Dunn, J. Locke. (New York: Edward Elgar Publishing, 1999), pp 67.

12 Tully, J. A Discourse on Property: John Locke and His Adversaries. (London: Longman, 2000), pp 56.

consume the claimed resources before they spoil; otherwise he will be robbing others (Wolterstorff)13. Locke opines that an individual can and should through legitimate means create his personal property and interests within the bounty of nature, as long as there are enough resources that are left in common for others. The important bit of this is the 21st century world which is totally embroiled in consumerism, capitalism, materialism and the endless pursuit of expansionist acquisitions. To Locke, political duties may be owed by later generations to earlier generations. This is to the effect that the incumbent generations authority to make decisions remains ethical if the decisions are not negatively binding and malevolent to the later generations. In summary, it is important to note that the variety that is extant in Aristotles, Immanuel Kants and John Lockes points of view is brought about by the specific nature of their surroundings at a specific time, and their collective worldview. To Aristotle, since the then Grecian culture and empire was not fully amenable to democracy and equity, the need to reiterate the importance of making felicity conditions needed for self actualization by an individual was paramount. To Kant, the most important aspect of ethics depends on the will. Given that at the time, Europe had already undergone the renaissance age, it would be important to judge an act in a manner that would encompass comprehensiveness. Given the complexity of issues that surrounded actions that would be judged as ethical, unethical, or even amoral, Kant therefore saw it important to factor acts that are carried out in duty. A soldier killing his opponent in the line of duty would not be condemned for having acted unethically, since he will be discharging his duties. 13 Wolterstorff, N. John Locke and the Ethics of Belief. (New York: Prentice Hall, 2003) pp 45.

John Lockes standpoint on ethics also illustrates the times and place that characterized his life. At that time, England and Europe were caught up in the adventure of carrying out the acquisition of wealth, and the extension of a nations political strength through investment and colonialism. It is against this backdrop that John Locke waxed poignant that for an act to pass as ethical, it must have factored the welfare of the rest of the humanity, the welfare of the environment and that of generations to come. Therefore, the amassing of wealth at the expense of future generations, environmental safety, and to the detriment of the masses would amount to an unethical act, according to Locke. 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 worlds 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. This journal article was written by Greenwood and was published under the aegis of the Utah Law Review. The journal article remains important in spelling out some of the cases that serve as the hallmark in human history. Interestingly, these hallmarks are marked with a sense of injustice against a people as is exemplified by the history of the Jews. The suffering of the Jews in the Holocaust is shown as a classical case, given that it can only be addressed by resorting to adults presence. Herein, Brown (1989) gives an analysis of adults presence using real life cases that she

has experienced in her work as a criminal lawyer. Brown (1989) asserts that the majority of the correctional institutions in America do not particularly support the idea of contact between victims and offenders held, in spite of the fact that there are victims who want to meet with offenders through processes of mediated dialogues. The resource has greatly contributed to this topic because of highlighting a unique area in adults presence, the ideology of restorative dialogue between victims and offenders and the police officers during the questioning process. The research exemplified here is qualitative as well as quantitative. This above is a collection by Philips and Brown (1998) on various issues affecting adults presence during a case; the book embarks on examining international trends in adults presence and proceeds to analyze the progress made in crime control in todays societies in connection with adults presence. Further, the book examines case studies in a number of nations such as South Africa where gated communities have greatly influenced peace building and adults presence during case. Theories that relate to adults presence have been examined as well, for example the theory of Law as Peacekeeping. Using quantitative research, the authors have significantly contributed to this topic by examining adults presence in a wide angle, examining global issues that have greatly affected how criminal justice is practiced. Umbreit, M. (2004). Victim Meets Offender: The Impact of Adults presence and Mediation. 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 todays 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 todays 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. Duty to court Case study Marina is obliged to defend Bobo against any form of exploitation from the court and ensure that he is being given a fair listening and judgment. Bobo who is supposedly to be the director of Bobo Pty Ltd has all the rights to protect the company whether he has a position in the company or not. He is however being faced with a situation where by he is not in a legal position to protect the esteem of the company considering the other charges that he is being faced with. However,

this does not limit his capability to obtain justice especially when you look at the factors that led to the case. The situation under charge involves a breach of contract way back when Bobo was holding a position in the company. (Maughan & Webb, 2005). Even though Bobo is facing other criminal charges, the breach of contract happened way before he was convicted. It will hence be fair if the court realized that and gave him a just hearing. Marina will also have to caution the judge against using personalized names especially when conducting a hearing. It may be true that Bobo is the proprietor of Bobo Pty Ltd, however this does not guarantee him to take on all the risks being faced by the company. Companies evolve due to the efforts of specific individuals, however as they grow, the profits and losses are distributed to other stakeholders that are also benefiting from the same. It will hence not be fair for the judge to refer to Bobo Pty Ltd as Bobos company. He has all the reasons to defend the well being of the company, however, such a position may not necessarily give him the power to manipulate other directors or stakeholders of the company. By referring to the company as his, it means that he is responsible for all the faults that may accrue to the company which is not right. Further more, Bobo may not be currently in charge of the affairs of the company considering that he does not have a position there (Council of Law Reporting for New South Wales, 2003). The judge may refer to him as the proprietor of the company or former director but not really refer to him with a name that signifies he is absolutely responsible for anything that happens in the company. Looking at the situation under check, it is clear that there was a breach of contract that led to a particular loses. Marina will have to go through the conditions that surrounded the contract to verify if there was a real breach of contract. This will be facilitated by understanding whether the two parties were aware on how much they were bound by the contract. Elfie will have to be

investigated to find out if she was making any efforts to facilitate the duty or had forgotten about everything. It should also be ascertained whether the consideration was adequate enough to facilitate the performance of the act. It should also be known whether both parties had consented to the contract or there were still pending agreements (Flood, 1983). Once this has been established, it will be easier to know who the guilty party is and whether Elfie will be required to compensate Bobo Pty Ltd for the losses that accrued. On the other hand, marina will have to advice the court on the ruling it should be taken especially considering the misfortune that befall Bobo Pty Ltd that led to the case. For instance, Bobo Pty Ltd needed the equipments to protect the company from any possible loss of data by whichever means. Does this mean that Elfie was sued because the misfortune happened. How about if there was a delay and still the misfortune didnt occur, could have Bobo Pty Ltd still sued Elfie? The misfortune can be seen as a natural phenomena which the company could not have had control over. Even though they did not want to protect their data mainly from a storm, it was a measure that was taken to protect the company from any other misfortune that would have led to the loss. As long as Bobo Pty Ltd and Elfie had agreed on the time in which the machines had to be delivered to their premise, them Elfie will be guilty of the offense. The law on contract requires that both parties agree on the terms of the contract which include consideration and the time in which performance is required. There will be no excuse to the individual that fails to fulfill the requirements of the contract especially if the other has done their part effectively (Twomey, 2004). This means that if the equipment had been delivered to Bobo Pty Ltd on time, then they would not be suffering losses due to the misfortune that befall them. Since Bobo Pty Ltd had taken all the necessary measures to ensure that the company data was safe from destruction, the company will not have to suffer the losses all alone. The burden

will be extended to Elfie for not performing a responsibility. This will minimize on the inconveniences that people and company have to go through due to a breach of contract.

CHAPTER THREE An Overview of the Selected Topic Adults presence has to do with an approach to justice that is concerned with the needs of the victims and the offenders in lieu of seeking to satisfy the abstract legal principles or the punishing of the offender. To this effect, adults presence is alternatively referred to as reparative justice. In this case, the victims of an (criminal) offence play an active role in the litigation process while offenders are to take responsibility for the harm they had caused by their actions by apologizing, making reparations or participating in community service. On the other hand, the criminal justice system is a set of legal or judicial systems and social institutions that are geared towards making criminal law enforceable by following the defined and provided set of procedural laws, limitations and structures (Blumberg, 2009). In this case, the role of adults presence is to be looked at part of the criminal justice and the role it plays therein, given that adults presence is founded on the theory of justice. As such, the origin and background of adults presence are to be analyzed in the study.

The study will also look at the degree of applicability of adults presence and the processes that the adults presence system follows, respectively. The limitations of the adults presence are to be brought into consideration, given that it is from carrying out an analysis on the limitations of the system that new guidelines can be drawn to stem any possible leakage or abortion of an effective judicial process. From the above juncture, the practices that pertain to adults presence and the practices followed as necessary channels to be exhausted in the dispensation of justice. The researches that have been carried out on adults presence in the bid to determine its success and tenability as recourse to the conventional criminal justice system is to be subsequently adduced and mooted. This will be for the establishment of truth concerning the verdict that will have been arrived at, concerning the effectiveness or ineffectiveness of the adults presence (Umbreit, 2004).

Impacts of lack of an appropriate Adult on admissibility of evidence

Lack of an admissibility of evidence Without an appropriate adult during the questioning of a given suspect, the evidence that the suspect may issue the court with may be considered not worth looking at. Te judges may not admit the evidence issued by the mentally vulnerable individual due to the unreliability of the evidence itself. This will reduce the likelihood of the evience provided by the given individual from being accepted by the court. Regardless of the truth or false of the statement. Implication of the mentally vulnerable persons The mentally vulnerable victim may end up being implicated in a given crime due to the lack of ability to provide information to the contrary of which he/she is being accused. This has happened before, it happens in police cells and will continue happening until somebody puts this into a stop by ensuring the availability of an adult every time someone who is of vulnerable

mental capacity is being questioned for any crime. This will assist in reducing the number of people.

Adults presence and the criminal justice system The Criminal Justice System (CJS) refers to the system comprising of practices and government institutions that are mandated by the constitution to; deter crime, uphold social control, and take measures against those found disobeying laws that might include rehabilitation efforts, criminal penalties, or both (Prison Fellowship International, 2010). The criminal justice system comprises of state, federal, and local public agencies that are solely or collectively charged with the responsibility of crime control (Transforming Conflict, 2010). These agencies among others; process defendants, convicted offenders, and suspects and are also mutually dependent on one another in that a decision of one affect the other either directly or indirectly (Prison Fellowship International, 2010). The goal of criminal punishment can be explained or justified through a number of the theories that have so far been advanced which includes; retribution, incapacitation, adults presence, rehabilitation, and deterrence (Prison Fellowship International, 2010). Something else that has also been noted with these theories is there are time when one theory appears to be promoting certain goals while at the same time conflicting with another. This raises alarm because in actual sense justice can only be said to have been attained at that position where the actions or conducts of persons is considered, right, fair, and proper for a particular circumstance (Transforming Conflict, 2010). Adults presence refers to a theory in the justice system that normally focuses on crime committed on either the individual or the community but not the state. At the center of the adults presence is the recognition that it accords the emotional effects

emanating from the crime on the victim, community, and offender. Normally, the victim not only plays a significant role in this process, but also gets some form of restitution, from the offending party either in monetary form, community service, or any other service that might in the systems considered view can be reciprocated with their criminal acts or conducts (Collins, & Cattermole, 2006). In applying adults presence, the victim get an opportunity to hear for himself or herself from the offender, why he or she had to commit a crime in the first place, thereby having all his or her (victim) questions answered, and also play a significant part in holding the offender accountable for his or her criminal acts or conducts (Cornwell, et al, 2006). On the hand the offender is accorded an opportunity to state the impact that this kind of an action might have had on his or her life while still getting a chance to smoothen things with the victim (Cornwell, et al, 2006). In cases of property crime or several other petty offences, adults presence can be employed to compensate the victim for the damage that might have been done by the offender. However, in more serious criminal cases, and especially those involving criminal jail terms, adults presence can be used in corroboration with sentencing to help in the deterrence of crimes.

Analyzes of the functions of the criminal justice system core components in relation to the adults presence

Normally, the criminal justice system comprise of three parts or components namely; law enforcement or the police, adjudication which essentially refers to the courts, and lastly, correction which is represented by the prisons, jails, parole, and probation (Collins, & Cattermole, 2006). It is incumbent upon the three components together with their respective

agencies to work together in their noble responsibility of ensuring that justice is served. Law enforcement or the Police Police are people who have been mandated legislatively the task of; enforcing the law, arresting persons found breaking the law, protecting property and lastly, reducing civil disorder (Collins, & Cattermole, 2006). People have always harbored the misconception that simply because there exist a Criminal Justice System, the role of the police officers is just to deal with incidents and crime by referring them to the Criminal Justice System, while prosecuting those that have been found committing criminal acts. This is pure law enforcement that Goldstein (Collins, & Cattermole, 2006) has issues with, according to him the best way to realize the actual role and function of police or enforcement officer is to identify and analyze why we have the police in the first place and what they are for? (Collins, & Cattermole, 2006), the answer of which is very easy - to make and nurture tranquility within the society. In fact people expect the police to assist in making a peaceful society, a task that can best be done through addressing the problem of the community. Therefore reacting to crime after it has already occurred which is characteristic of traditional policing is in Goldstein words putting the cart before the horse (Collins, & Cattermole, 2006). There are a number of tools that can be used towards that end; however the most effective is the Criminal Justice System (CJS). The community only plea from the law enforcement officer is for the analysis of community problem and coming up with a custom-made solution to that problem (Collins, & Cattermole, 2006). Looked closely police are in many way similar with the military officers, in fact they share a common objective that of protecting the general public and the state from any aggression from within or out of the country. Normally, the first contact an offender gets with the criminal justice system is with the law enforcement or the police for that matter (Transforming

Conflict, 2010). This is because ordinarily the role and function of a police officer is to bring to books those that have been caught breaking the laws by summoning or detaining, arresting, and also working together with the prosecutors to bring offenders before the court of law (Transforming Conflict, 2010). From the foregoing it is quiet evident that the police acts in a largely reactive way, strictly acting after a criminal offense has been committed, or a criminal event has just occurred, a thing that clearly demonstrate how the police lack any substantive preventative role (Collins, & Cattermole, 2006). Therefore it is right to say that the efficiency of the police is gauged by the number of arrest that they make, or the speed with which they respond to incidences when called upon by the emergency telephone system. This confinement of policing on reaction and speed is what adults presence lambasts as far as policing is concerned (Collins, & Cattermole, 2006). Adults presence in policing essentially propagates for a policing community philosophy that incorporates both preventative and proactive approach whereby the police in the locality are not only part of their respective communities but also receptive to the needs of their respective communities (Transforming Conflict, 2010).

Adults presence in Thames valley police Thames valley police is an organization operating in the fringes of the city of London which has a total of around six thousand police officers and support staff, covering an area populated by approximately two million people (Thames Valley Police, 2010). For a long time before this program was initiated juvenile delinquency was a major problem. In England young offender are defined as those aged 17 years and under (Morris, & Maxwell, 2001). Due to the seriousness attached to the problem of young offenders in any society, especially due to the fact that every habitual offender almost always starts committing crime in childhood. This therefore

means that if they can be caught early the level of crime in that particular society will be drastically reduced (Morris, & Maxwell, 2001). This is precisely the reason that kick-started Thames valley police in acting on the problem as a matter of urgency, a decision that gave birth to the program on the same (Thames Valley Police, 2010). Adults presence in this case was grounded on the fact that the earlier the risk factors in young people that are likely to push them in crime are identified the more you are likely to halt their descent to criminal enterprises, and the earlier you can stop this altogether before these habits have reached certain levels or become fully instilled, the better the chances one has of keeping these children from crime and subsequently improving their life (Lozoff, 2010). In this regard some of the risk factors that were identified included illiteracy and innumeracy, criminal peer pressure, and arbitrary parental discipline (Thames Valley Police, 2010). Since the 1970s, police in England have been dealing on youngster caught committing criminal acts on a telling off in the first two to three times that they have been caught (Kilkelly, 2006). This treatment has been premised on the need to obviate the likelihood of tarnishing their criminal record at such a tender age (Kilkelly, 2006). One of the things about this method that informed the decision to look for a more effective way of dealing with this menace was the realization that the traditional methods were untested and superficial thereby making them impotent in effectively dealing with young offenders. This program was therefore driven by the need to engage the youths more powerfully from committing crime and sliding into full time criminality in the following years. One thing that has eluded both political leaders and law enforcement officers concerning the functions of police is misconception that policing is all about catching mentally vulnerable criminals, when in actual fact it encompasses a large number of other factors (Kilkelly, 2006).

Also taken in consideration in this program was the importance of involving the community in policing, a feature that is central in all aspect of adults presence (Second Conference of the European Forum for Victim-Offender Mediation and Adults presence, 2002). Before this problem-solving in the name of adults presence was developed nearly all the solution to juvenile crime reduction were to larger extent associated with what can be called situational crime reduction, which essentially mean that solutions to this problem were mostly about; position of shrub and trees, design of building, introducing CCTV, or street lighting (Second Conference of the European Forum for Victim-Offender Mediation and Adults presence, 2002). This might have been working to an extent but one thing about it which actually prompted this program was the fact that it did not had the potential of reducing significantly the crime rate among the youth primarily because youths always not only looked for new opportunities of crime after the traditional one had been closed-off, but also found them thereby rendering this sealing-off of criminal opportunities a sort of an unending cycle. That is how social crime reduction was broached has an alternative of situational crime reduction. This was after a long haul of convincing primarily due to the reservations that the home office criminologist had on this new approach (social crime reduction) (Chappell, & Wilson, 2000). According to them trying to change the behaviors and attitudes of young offenders was an exercise in futility since it was either impossible or they were to grow of it anyway. The social crime reduction strategy in this regard involved the police officers establishing working arrangements with the probation, prison, and prosecution office among other agencies in the three components of Criminal Justice System. It was only a matter of time before the realized sunk on the whole system that working together as a team of the entire body of professionals making up the Criminal Justice System had a far bigger positive impact on the efforts of

reducing the incidence and crime among the youth (Chappell, & Wilson, 2000). The kind of team work that we are referring to hear encompassed talking across the various agencies and components of CJS, working together of all professionals in the CJS, and training and familiarizing on adults presence (RJ), something that was found to work as a common language and therefore a common culture, that overcame majority of the traditional blockages and rivalries to inter-component and inter-agency co-operation (Chappell, & Wilson, 2000). These and other developments are some of the strategies that are currently being undertaken in the Thames Valley police after they have been found to be fruitful in reducing the crime and incidences among the youth (Thames Valley Police, 2010). Majority of the people in this region are now talking about the magic of a new form of policing by the name Restorative Policing (Thames Valley Police, 2010).

CHAPTER FOUR

Methodology To evaluate the impacts of adults absence in the life of a child the following quantitative analysis was conducted between children being looked after and the rest of the other children. This is important as the same results is being reflected in court. The success of a court case administered by an adult and that not administered give similar results. Outcomes a). Quantitative Statistics adults presence According to school statistics of 2011, 66% of looked after mentally vulnerable criminals got at least one GCSE pr GNVQ. This is comparing to 99% of the remaining children who got some qualification. This show how less successful the looked after children are as compared to the other children. In this statistics, the looked after children were looked after for at least 12months. For the 2007 to 2008 statistics, 14% of the looked after children, also in this case for at least 12 months, got at least 5 GCSE or GNVQs at grades ranging from A* to C. This is in comparison to 65% of the other children in this year who got equivalent grades. Again In key stages in life, the looked after children also showed poor results as compared to the all children. For instance, at the first key stage, 57% of the looked-after children attained at least level 2 in their reading test in 2008. This is as compared to 84% of all the other children. At the second key stage, 46% of the looked-after children at age 11 attained level 4 in English compared to 81% of all children. In the third key stage, 33% of looked after children attained level 5 in Mathematics, this is compared 77% of all children. This too serves as clear indication of how other children outshine their looked after counterparts.

It is also estimated that Just 6% of the looked after children go on to higher adults presence [DfES, 2006]

b). Qualitative Other effects on future life

In 2006, 30% of the kids who at least had a background of being looked after (careleavers) were neither in employment, adults presence or any form of training.

The probability of the care leavers are at least 2 and half times at a higher risk of becoming pregnant at teenage than other children (SEU, 2003)

Care leavers are more high likely to end up in prison as compared to all other children. (26% of prisoners have at least in their lives been under care as compared to the rest of the population which is at 2%).(SEU, 2003)

More rough sleepers, about a quarter and a third have been looked after by local authorities when they were children. [SEU, 2003]

Rationale for Research Method used Introduction Mixed methods research is a combination of both qualitative and quantitative research methods. It is usually done in a number of ways where, each approach contributes to the description of a phenomenon. Mixed approach research is deemed the best methods since it offers a better understanding of research. It is one amongst the current methods most preferred by evaluators, practitioners, funding agencies among others (Ary, Lucy, & Razavieh, 2009,pp.23-24).

Discussion Mixed methods have gained popularity for the past 30 years. These methods have registered the highest number of published books internationally. Mixed methods refers to a research strategy that crosses the boundaries of conventional paradigms of research by deliberately combining methods drawn from different traditions, with different underlying assumptions (Denscobe, 2007,pp.7-8). This form of research can be referred to by different names such as; mixed methodologies, combined methods, integrated or multi-methodological. The name originated from a number of methods and processes involved in it. Chicago Urban Poverty and Family life Study This study was carried out in the year 1986. It was divided in to four major parts; a survey of inner city residence, open-ended survey of a small sample of respondents from the main survey, ethnographic field research and study of employers in the greater part of Chicago. According to the methodology of this research, the first part focused on supplementary sample of African American. It was also made up of open-ended questions based on the themes of work experience, occupation, mobility, education, opportunity and expectations. The case study was based on 99 correspondents including observations from the neighborhood. Data from industries were collected mainly from senior company representatives. This was a research project was designed in order to describe and understand the type of life experienced by the blacks, whites, Puerto Rican, Mexican and non-Hipanic white families surviving in high poverty regions in Chicago. The study was conducted in four parts; the social opportunity survey, large survey of inner city residence, ethnographic field research and employers survey in the Chicago area. During this study, the interviews were conducted with a total of 2327 participants; it also included 163 samples of black adults between the age of 18 to

44 living in the same area with no biological children. The major areas of investigation included family background, household composition, education, fertility, time spent in detention, relationship history, employment history, participation in informal economy, military service, child support, child care, social networks, current income, current health and past and current public aid use. The study methods included the interview, questionnaire and the mixed design approaches. Mixed Design Approaches Used in Mixed Approach This is one of the new methodological theories used in case studies involving multiple populations. Along side is qualitative and quantitative methods which are sometimes used together in determination of the research conclusion. To understand this theory, framework of elements need be considered such as the philosophical assumptions about what the constituent knowledge claim is all about, detailed procedure of data collection, analysis and writings, and general strategies of the research in question called the strategies of inquiry. A researcher needs to ask himself or herself the following questions to certain the validity of the research; what the strategies of inquiry will tell the procedure about, what kind of knowledge claims are made and what kind of methods of data collection and analysis will generally be applied. This research theory is associated with certain strategies that need to be looked into for the effectiveness of the study results. For instance, the sequential procedure, here the researcher needs to illustrate or elaborate the findings of a single method with another, the researcher may either begin with the qualitative method and end up with the quantitative method for explanatory reasons, this generalizes the results of the population. The researcher may as well begin conversely in which there will be an exploratory reason and keen follow up with few cases or just individuals. The other strategy that should be considered is the concurrent procedure. In this

case, the researcher may converge the both the quantitative and qualitative data so as to come up with a comprehensive analysis of the study problem. For this design strategy, both forms of data are collected at the same time and integrated in interpretation of the research results. The last strategy that should not be left out is the transformative procedure. Here, the theoretical lens is used by the researcher as an overarching perspective in a design containing quantitative and qualitative data. The lens then provides a greater framework of topics of interest and overcomes the anticipated study and methods of collecting data. Mixed method approach uses both quantitative and qualitative approaches due to the need of both generalization and detailed view in the meaning of concept or individual phenomenon. The study also includes different designs that are discussed below; Concurrent design- this design utilizes both qualitative and quantitative data that were collected at almost the same time. The analyses of data are carried out separately from each other. Interpretation of the data is also carried out separately. The findings are based on the results of both analyses (Ary, Lucy, & Razavieh, 2009,pp.131). Concurrent triangulation- this is a design strategy chosen to integrate both qualitative and quantitative data. It is aimed at analyzing and interpreting data concurrently. At the next stage, both sets are integrated together in further interpretation and analysis (Mattaei, 2010,pp.18) Parallel Designs- it involves the use of both qualitative and quantitative methods that occur at the same time during the process (Teddlie & Tashakkori, 2009,pp.55). Sequential Designs- it is the method of data collection where analysis on one method is used to establish issues to the study. In this case, one method usually dominates the analysis (Bamberger, Rugh, & Mabry, 2006,pp.79). Advantages of Mixed Method Approach

The mixed method approach is an accurate method of research due to it requirements. The fact that both the qualitative and the quantitative methods are employed in the research results into validity and accuracy of the study. This method is advantageous in three major aspects. The strength of the research is established and can be witnessed from the mix of various methods used in a single study, the application of multiple methods assist the researcher to research a problem or a process from all the sides of the study. This method is also advantageous in that the usage of different approaches that are used together helps in focusing on a singular process and makes an accurate confirmation of the data accuracy. The fact that this research method complements the results from different researchers ensures that it does not miss any available data. The application of several methods in a research ensures the strength of every type of information collected and limits the points of weakness in the approach. The act of gathering and evaluating the results from the mixed method increases the validity and accuracy of any type of the information involved

The Mixed Method Approach can be divided into both qualitative and quantitative approaches within one research project. From this perspective, it is clear that the main idea of the approach is to bring together all elements of research. The Mixed Method Approach is also advantageous in that it focuses on the links that exist among the approaches (Buchanan & Bryman, 2009,pp112). It is mainly concerned with how the approaches can be integrated together to gain an advantage. The third advantage is based on concentration of the practical approach to the research problem. Mixed method approach treats the research problem uniquely and specifically, through ensuring a decision is made on methods to be employed. The results of this approach give rise to more practical research findings. From the perspective of social

research, it calls for more ways to achieve consistency in social research. For instance in its design, research questions, data collection and analysis (Denscobe, 2007,pp.111). The Mixed Method Approach improves accuracy of the findings through, utilization of various methods to investigate a simple aspect. It is based on the use of the principles of triangulation. Accuracy in this case is achieved when the researcher tries to compare results from each method. Basing on the principle of triangulation, the researcher can be able to evaluate a particular method, and its impact in research. Mixed approach also forms a basis for designing the data collection instruments such as, the questionnaire and the interview schedule (Ary, Lucy, & Razavieh, 2009,pp.112-114). Mixed research is deemed the best method when it comes to a detailed form of research. Researchers regard it as a strong and powerful approach. The mean reason is due to multiple methods involved in it. Multiple methods aid in elimination of various problems that may be encountered by the researcher. It also gives various angles to solving a single problem. With use of qualitative method, experiments are done to achieve accuracy. Experiments are backed up with use of measurements scales, responses and closed ended questions. The resulting data together with accurate statistical reports forms a basis of valid decision making. Qualitative method also utilizes available qualitative information such as an interview and field notes. The researcher here is deemed the main source of data collection. This therefore means that, he has to make a valued decision basing on, the data collection tools in use. The research presents the data through use of reports, quotations and data description. Mixed approach assists the researcher in utilizing the strengths of both qualitative and quantitative research methods for the benefit of the research. In this way, the research may be able to maximize on the strengths and minimizes on the weaknesses. This increases the validity of the research as opposed to using a single approach

only (Denscobe, 2007,pp.111). Mixed method approach also ensures completeness of the research process. The findings that result from the mixed method, represents the full picture of the problem sought. The major advantage is the fact that, findings from the various methods can complement each other. It is from the different findings that, the researcher can obtain an alternative perspective towards the main goal of the research. Mixed method approach can also be useful in ensuring various methods compensate each others strengths and weaknesses. Its purpose is to eliminate any inherent weaknesses in the various methods. It also eliminates likelihood of biases that may be experienced in certain methods. With mixed method approach, a research can be able to maximize the strength of a particular method. For instance when semi-structured interviews are used, it is deemed important to back it up, with closed-based questionnaire (Ary, Lucy, & Razavieh, 2009,pp.97-98). Through emphasis on the use of both qualitative and quantitative approach, and through a blend of explanatory research, the results end up giving a wider scope of explanation to the research problem. It helps the researcher to answer the 5ws and 1h questions; where, who, why, what, when and how. It creates a valuable links between different methods and, different kinds of data. It also assists the researcher to gain an understanding of how the different methods complement each other. Through its sensitivity to the kinds of mix that exists, there is care needed to get rid of the arbitrary mix and match approach. This is were the methods are mixed together at random (Denscobe, 2007,pp.193). Mixed approach also brings more value to the researcher who makes use of the approach. It assists the researcher or a student undertaking research to enhance his/her understanding and expertise in research especially as regard to both qualitative and quantitative research (Biber &

Leavy, 2008,pp.72-73). Mixed approach as well comes with effective research designs. They include, cross-section surveys, experimental, case study and longitudinal. For instance, a regular cross-section survey can be used together with longitudinal studies to carry out a single method. A single interview that was carried out at different periods is an example. Both cross section and longitudinal are deemed the best ways of achieving a social change processes. This can be done through, different ways but complementary ways. For instance a cross-section can provide info on net change while, longitudinal can provide info on more voluminous net changes (Hekim, 2000,pp.35). Longitudinal is normally used when other methods have revealed new trends that are heard to comprehend. As for experimental research design, it can be integrated with control groups. They are both analyzed before and after the experiment have been carried out. The results of both analyses are then used as a basis for drawing effective conclusions. Experimental research is usually not feasible for use on a variety of topics. This therefore calls for integration with other methods in order to give effective results (Schlosser, 2003,pp.27-31). In a case study, the method is adopted mainly depending on the nature of questions they intend to address. With mixed method approach, there is always the possibility of researchers considering a number of methods among them; a case study. Especially when there is more knowledge that dominates its surrounding. Mixed methods always leaves open, the possibilities of advancing knowledge (Hesse-Biber, 2010,pp.35). Disadvantages of Mixed Approach The Mixed Method experiences disadvantages as well as advantages, mixed the method have been identified with some shortcomings. Researchers are required to be extra careful when making use of the approach. For instance, the researcher needs to establish, prior to carrying out research, whether it will handle the research problem at hand (Bulmer, 1999,pp.128-132).The

research problem should also be evaluated, whether it is feasible to try out using the method. Mixed method approach has been reported to be challenging to researchers. This is as regard to time, effort and resources dedicated to it. It has to be quality and able to address all important aspects of the research problem (Minniti, 2007,pp.14), For instance, it should be able to show clearly how two different datasets are related to each other. It should also justify how the methods will add value to the research problem. The type of research objects, are also expected to be part of the consideration why, mixed research should be considered (Hesse-Biber, 2010,pp.45-47). The mixed method approach is disadvantageous in that it is qiute general in the research as a research method, when this method is used, the researcher must include both the quantitative and qualitative methods of data analysis in the research. The qualitative and quantitative research techniques and methods may be challenging on the side of the researche especially if the researcher has a wide range of sample to study. What makes this method even more tiresome is that the techniques used are mixed and used together consecutively. The mixed method approach is also disadvantaged in that it needs the use of both the text and the numbers, correlating these two may be challenging to the researcher. The researcher is also needed to do an additional text and statistical analysis. The other disadvantage of the mixed method approach is that it requires tha use of both inductive and deductive scientific methods, well it is recommended that the inductive and deductive methods be used, but applying them effectively in the research may be tedious to the researcher. Interpretation of the results may also be a challenge as the researcher is making a conclusion from a mixed research results from a mix of methods. The mixed approach requires that a researcher applies quantitative data in the first stage of the research and use the qualitative method in the next process, dealing with this is a challenge to

most researchers as alternating the methods might lead to confusion of the actual results with the raw data collected from the field. The srength of the research may be jeopadised when the methods are mixed and erraneous results produced without the knowledge of the researcher. The use of multiple research methods may assist the researcher in researching a problem or a process from all side, but this is not a guarantee as the mixed methods may halt the results and produce another version of the result which may not indicate the actual view of the data. The mixed method approach involves several ways of research performing such as the quantitative and qualitative methods discussed above, this may bring about the confusion on which one to adopt first and what to follow, in cases where the two methods are used together as recommended, the summary of the result may not be easy but a challenge since the researcher will be making a conclusion from two types of results hence difficulty in what method to prioritize. The advantage here can only be drawn from the conclusions and implementation, but for the rest of the research, the researcher finds it difficult to employ both the methods together in the field. The method as well has weaknesses and strict requirements which may affect the accuracy of the project of the researcher. The research method only focuses on the positive aspects of the approaches involved and says nothing about the negative part of the methods which influences the results directly. Minimizing the weak points may be a challenge when the methods are mixed in one study research. The mixed method approach is therefore disadvantaged in the application and drawing of the conclusion and inferences. It would be easier when the researcher employs a single method for a particular research to the completion. Conclusion The field of research is expanding by the day with new approaches into solving problems. The more recent development that came up about 30 years ago is the mixed method approach to

research. This is a method that utilizes both qualitative and quantitative research. It comes up with a blend of methods that are utilized to solve a single problem. It has proved efficient and preferable as compared to other methods that existed before. The advantage with it is the fact that, the researcher is able to gain a more holistic view of the research problem hence, giving the most viable findings.

CHAPTER FIVE From the discussions above, it is quite clear that adults are very needed in the admissibility of evidence in a court case. To reduce the number of children or mentally unstable people entering into self-implications, it is crucial that there be an adult during the questioning process. Case involving children without the presence of an adult during questioning, have always led to lack

of admissibility of evidence by a judge or jury if there is one. This is because of the inconsistency and unreliability of the evidence fronted by the child or the mentally unstable adult. Conclusion Adults presence and public safety are two big ideas that are laying claim of the future community correction. The impact that the two are having on the community correction is immense (Smith, 2001). For instance, for the last seven years the department of correction in the state of Minnesota has been having a Adults presence Planner on staff on a full time basis (Smith, 2001). Vermont on the other hand is methodically trying as much as possible through its Correction Commissioner to have its agency transformed from what he has characterized as court-imposed sanctions, empty execution of retributive, towards partnering with informal community boards to restore the community, victim, and offender (Smith, 2001). In 1999, the state of Washington amended it corrections laws that had come to be called as just desert, in the process effecting a tactical redeployment of parole agents and probation, after which they became more oriented to the enhancement and preservation of public safety in those places where offenders can be found under supervision (Smith, 2001). Wisconsin on the other hand has deployed in two of its counties corrections staff (Smith, 2001). All this is in response to the realization that the importance of the two in transforming positively the criminal justice system. Bibliography Alberts, R & Siedel, G 2009, Real Estate Law, Ohio, Southwestern Cengage Learning Bartlett, P. and Sandland, R. 2007 Mental Health Law Policy and Practice. Blackstone Press. Bean and Nimitz, Out of Depth and Out of Sight, University of Loughborough, 1995. Best, A &Barnes, D 2007, Basic tort law: cases, statutes, and problems, New York, Aspen

Publishers Buckley, W & Okrent, C 2004, Torts and personal injury law, New York, Thomson Delmar Learning Cape, E. and Luqmani, J., 2006. Defending Suspects at Police Stations: The Practitioners Guide to Advice and Representation. 5th ed. London: LAG Adults presence and Service Trust Limited. Clark, D., 2004. Bevan and Lidstones The Investigation of Crime.3rd ed. London: LexisNexiss UK. Dennis, I., 2010. The Law of Evidence 4th ed. London: Sweet & Maxwell. Dennis, I., 2011. Legal Advice in Police Stations: 25 Years On. Criminal Law Review pp. 1. Dravis, B 2007, The role of independent directors after Sarbanes-Oxley, Chicago, ABE Publishing Durham, A 2004, Patent law essentials: a concise guide, Connecticut, Praeger Publisher. English, J. and Card R., 2011. Police Law 12th ed. Oxford: Oxford University Press. Epstein, R., 2010. Criminal Justice and Mental Health 174 JPN 57 Goode, R 2005, Principles of corporate insolvency law, London, Sweet & Maxwell Gudjonnsson, Clare, Rutter and Pearse Persons at risk During Interviews in Police Custody: The Identification of Vulnerabilities Royal Commission on Criminal Justice Research Report, 1993. Harpwood, V 2000, Principles of tort law, London, Cavendish Publishing Harriet Pierpoint (2000): Taking the Protection of Vulnerable Suspects Seriously: Putting Appropriate Adults through their PACES, Practice, 12:3, 49-60.

Harriet Pierpoint (2008): Quickening the PACE? The use of volunteers as appropriate adults in England and Wales, Policing and Society, 18:4, 397-410. Hitchcock, D 2007, Patent searching made easy: how to do patent searches on the Internet and in the library, Alabama, Lulu.com Hoggett, B., 1996. Mental Health Law. 4th ed. London: Sweet & Maxwell. Jones, R. (2010). Mental Health Act Manual, 13th edition, Thomson, Sweet & Maxwell. Joseph, J 2006, Fiduciary Duties of a Director and Conflicts of Interest, retrieved on March 31, 2011 from:

http://www.cof.org/files/documents/education_collaborations/difficultboards/handout1.p df Kerrigan, K., 2000. Mentally Disordered Suspects: The Lessons of R v Aspinall. Journal of Criminal Law 64 pp.80 Leverick, F., 2011. The Right to Legal Assistance During Detention. Edinburgh Law Review pp. 353. Littlechild, B. 1998. Reassessing the role of the appropriate adult. Criminal Law Review. Littlechild, B. and Drakeford, M. Police and Criminal Evidence Act 1984: the role of the appropriate adult. Criminal Law Review. Loos, A 2010, Directors Liability: A Worldwide Review 2nd Ed, Bedfordshire, Kluwer Law International Lowenstein, L.F., 2003. The Psychological Aspects of Diminished Responsibility 167 JPN 969 Maden, A. and Spencer-Lane, T. 2010. Essential Mental Health Law: A Guide to the revised Mental Health Act 1983 and Mental Capacity Act 2005.

Medford, S., Gudjonsson, G.H. and Pearse, J., 2003. The Efficacy of the Appropriate Adult Safeguarding During Police Interviewing (Legal and Criminal Psychology [online] Available at < http://onlinelibrary.wiley.com/doi/10.1348/135532503322363022/pdf> [Accessed 13 October 2011]. Meyer, R.G. and Weaver, C. M., 2006. Law and Mental Health: A Case-Based Approach New York: The Guildford Press. Morissette, E 2009, Personal Injury and the Law of Torts for Paralegals, New York, Aspen Publishers Morris, G, McKay, S & Oates, A 2009, Finance Director's Handbook, Oxford, CIMA Publishing PACE Code C: sets out the requirements for the detention, treatment and questioning of people in police custody by police officers. Pleasence, P., Kemp, V. and Balmer, N.J., 2011. The Justice Lottery? Police Station Advice 25 Years on From Pace. Criminal Law Review pp. 3. Pressman, D& Stim, R 2009, Nomos Patents for Beginners, 6th Ed, California, Nolo Radcliffe, M & Brinson, D 2010, Patent, Trademark, and Trade Secret, retrieved on March 31, 2011 from: http://library.findlaw.com/1999/Jan/1/241479.html Reiter, B 2006, Directors' Duties in Canada, 3rd Ed, Ontario, CCH Canadian Limited. Response to the Bradley report: Improving Health, Supporting Justice, 17th November 2009. Response to the Consultation of the Green Paper: Breaking the Cycle From: The National Appropriate Adult Network (NAAN). Response to: Final Consultation on the Review of the Police and Criminal Evidence Act

(PACE) 1984 From: The National Appropriate Adult Network (NAAN). Roberts, P. and Zuckerman, A., 2010. Criminal Evidence. 2nd ed. Oxford: Oxford University Press. Rogers, G., 2009. Appropriate Adults, or Not? 173 JPN 680 Skins, L., 2011. The Right to Legal Advice in the Police Station: Past, Present and Future. Criminal Law Review pp. 19. Stim, R 2010, Patent, copyright and trademark, 10th Ed, California, Nolo Strauss, A. and Corbin, J., 1998. Basics of Qualitative Research: Techniques and Procedures for Developing Grounded Theory. 2nd ed. London: Sage Publications Limited. Tapper, C., 2010. Cross & Tapper on Evidence 12th ed. Oxford: Oxford University Press. The Bradley Report DH Publications April 2009. The Police and Criminal Evidence Act 1984 (PACE) (1984 c. 60). Thomson, L. D. G., Galt, V. and Darhee, R., 2007. Professionalising the role of the appropriate adult. Journal of Forensic Psychiatry and Psychology, 18:1, 99-119. Zander, M. 4th ed. 2003, 5th ed. 2005, First Supplement 2006. Police and Criminal Evidence Act 1984. Thomson, Sweet & Maxwell. Hodson, Vulnerable Suspects and the Appropriate Adult, [1997] Crim LR 785 Nimitz and Bean, The Use of the Appropriate Adult Scheme (A Preliminary Report) (1994) 345 Med Sci Law 161.