Deaths after police contact in England and Wales: the effects of Article 2 of the European Convention on Human Rights on coronial practice

Baker, David

doi:10.1017/s1744552316000033

Cited by 12 publications

(18 citation statements)

References 19 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…This is evident in recent coronial law and policy reforms across several coronial jurisdictions in Australia (Federation of Community Legal Centres Victoria, 2013; Bray & Martin, 2016). Researchers have also recognized that coroners are steadily severing their partnership with criminal law and emerging as investigators with great potential to meet the information needs of bereaved families (Aberdeen, 2016; Baker, 2016; Gregory, 2014; Trabsky & Baron, 2016).…”

Section: Discussionmentioning

confidence: 99%

Bereaved Family Members’ Views of the Value of Coronial Inquests Into Fatal Work Incidents

et al. 2018

View full text Add to dashboard Cite

Fatal work incidents result in an array of government responses, and in countries such as the United Kingdom and Australia, this may include the holding of coronial inquests. A common theme from the scant literature is that family members have a strong need to know how and why their loved one died. The inquisitorial nature of inquests suggests potential in uncovering this information, although little is known about families’ experiences with these proceedings. Interviews with 40 bereaved relatives explored their views and experiences of inquests. Findings suggest that families, often frustrated with other investigative processes, want inquests to provide a better understanding of how and why the death occurred, uncover any failings/responsibilities, and thereby move closer to a sense of justice being obtained for the deceased. Families identified problems perceived to impair the process and where improvements could be made to secure a more effective and meaningful institutional response to the fatality.

show abstract

Section: Discussionmentioning

confidence: 99%

Bereaved Family Members’ Views of the Value of Coronial Inquests Into Fatal Work Incidents

et al. 2018

View full text Add to dashboard Cite

show abstract

“…For the negative obligation of the state, state actions are not allowed to use lethal force except in circumstances narrowly defined by ECHR Article 2(2), in which, the "absolute necessity" is the key in determining whether a life is taken arbitrarily or not. For positive obligation, it is the state's promise to offer a redress after learning a lesson by reviewing a case of state killing and to make an effort in preventing future deaths (Baker, 2016a(Baker, , 2016bMavronicola, 2017). Thus, the coroner's court is an arena which an in-depth investigation can take place to look into the facts causing such deaths, which is also known as the "procedural obligation" of the state in accordance with ECHR Article 2:…”

Section: The European Convention Of Human Rights Articlementioning

confidence: 99%

Killing with No Punishment: Police Violence and Judicial (In)justice

Li¹

2021

ijcs

View full text Add to dashboard Cite

This article offers a critical reading of the Limbu Case that took place in 2009 in Hong Kong. The Limbu Case was about an ethnic Nepalese named Dil Bahadur Limbu who was shot dead by a police constable on a hillside, which resulted in controversies around issues such as excessive police use of force and discretionary policing in Hong Kong. In the coroner’s inquest (court case no.: CCDI298/2009) regarding Limbu’s death, a verdict of lawful killing was reached by a jury of five. In other words, the killing was defined as a permissible killing. Drawing attention to the process of questioning “reasonableness” of the killing, I attempt to shed light on the ambiguities of the coronial system in Hong Kong which results in a missed opportunity to prevent future deaths. In other words, this article uncovers how the state is unable to live up to its promise to protect people's right to life.

show abstract

“…Fulton, 2008; House of Commons Select Committee on Home Affairs (HAC), 2010; Joint Committee on Human Rights (JCHR), 2004). Coroners fulfil the legal obligations of the state as set out by the European Convention on Human Rights (ECHR) in relation to deaths in state detention (Baker, 2016b). They must pay particular regard to article 2 of the ECHR which enshrines the right to life of citizens.…”

Section: Coronial Regulation Of Deaths After Police Contactmentioning

confidence: 99%

“…Narrative verdicts are increasingly used in cases of death in state detention (Baker, 2016b). The Ministry of Justice (2015) note that their use rose by 18% in the period 1995-2014.…”

Section: Narrative Verdictsmentioning

confidence: 99%

Using narrative to construct accountability in cases of death after police contact

Baker

2018

Australian & New Zealand Journal of Criminology

Self Cite

View full text Add to dashboard Cite

This paper examines the use of narrative verdicts in the coronial system in England and Wales to record findings in cases of death after police contact. It uses a dataset of 68 verdicts into such cases in the period 2004–2015. The paper considers how regulation is constructed in a way that makes complex cases comprehensible through narrative. The construction of these narratives is affected by legal structures, institutional structures, but also the structures imposed by narrative convention. The paper argues that the relationships between these structures affect what type of narrative is constructed in the aftermath of a death after police contact. It further suggests that devices within narratives enable the construction of a comprehensible narrative verdict in such cases.

show abstract

Deaths after police contact in England and Wales: the effects of Article 2 of the European Convention on Human Rights on coronial practice

Cited by 12 publications

References 19 publications

Bereaved Family Members’ Views of the Value of Coronial Inquests Into Fatal Work Incidents

Bereaved Family Members’ Views of the Value of Coronial Inquests Into Fatal Work Incidents

Killing with No Punishment: Police Violence and Judicial (In)justice

Using narrative to construct accountability in cases of death after police contact

Contact Info

Product

Resources

About