Death in Custody: Inquests, Family Participation and State Accountability

Jo Easton
Deputy CE and Director of Policy and Research at Magistrates Association, UK


Product Details
Format:
Hardback
ISBN:
9781839090264
Published:
14 Apr 2020
Publisher:
Emerald Publishing Limited
Dimensions:
280 pages - 152 x 229mm
Death in Custody considers the participation of bereaved families in an inquest following a death in custody. It looks at the legal frameworks governing participation, as well as relevant theories of justice, participation, procedural fairness and grief theory. Interviews were carried out with people with personal experience of complex inquests, including bereaved family members.  

Participation can provide families with redress and allow them to represent the deceased, as well as being an important part of their grief process. It also helps to ensure a fair process, which has a positive impact on accountability and legitimacy. Family participation improves accountability by maximising the chance of achieving the right outcome via scrutiny, therefore identifying failures. Families also brings balance to the process, provide vital information about the deceased as well as helping to ensure that lessons are learned that will prevent future deaths.  

Death in Custody shows that procedural justice theory is relevant for participation in processes investigating human rights violations. It includes key recommendations on how to ensure participation can be fair and effective.
Introduction 
Chapter 1. Methodology
SECTION 1: THE LAW 
Chapter 2. Requirement to Investigate deaths in custody
Chapter 3. The inquest system 
SECTION 2: PARTICIPATION BENEFITS BEREAVED FAMILIES 
Chapter 4. Legitimate interests 
Chapter 5. Grief Process 
Chapter 6. Participation provides benefits to families
SECTION 3: BEREAVED FAMILIES HOLDING THE STATE TO ACCOUNT 
Chapter 7. Instrumental effect of family participation 
Chapter 8. Legitimacy provided by family participation 
Chapter 9. Family participation benefits accountability 
SECTION 4: ACHIEVING FAIR AND EFFECTIVE PARTICIPATION 
Chapter 10. Practical challenges to effective participation 
Chapter 11. Practical Solutions 
ANNEX I
ANNEX II 
ANNEX III 
Bibliography
Dr. Jo Easton has worked in various policy and research roles for charities, focusing on the issues of criminal law and human rights. She currently works for a small charity working in the justice system, leading their policy and research work and managing a team of policy, research and communications staff. She has written numerous articles on topics relating to rehabilitation and the court process, including pieces for Political Quarterly and Probation Quarterly. She carried out the academic research for this book part-time, completing a PhD in Human Rights Law at Essex University. She is passionate about using policy and the law to bring about a fairer society.

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