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About
Abenaa joined the LSE in 2017 and is an Associate Professor of criminal law and criminal evidence. Prior to joining the LSE, Abenaa was Lecturer in Law at City, University of London. She has also held positions as Lecturer in Law at the University of Sussex, Teaching Fellow at UCL, and as a research assistant at the Law Commission for England and Wales. Abenaa holds a PhD from UCL, an LLM in Criminology and Criminal Justice from UCL, and an LLB from the University of Bristol. Abenaa is a Fellow of The Higher Education Academy and an Associate Fellow of the Ghana Institute of Advanced Legal Studies.
Abenaa’s research interests lie primarily in the areas of criminal procedure, the law of evidence and criminal law. Her current research focuses on the admissibility and use of rap music as evidence in criminal trials. Abenaa also researches fair trial rights and the participatory role of defendants in criminal proceedings, and she has expertise in hate crime legislation and the legal process for prosecuting hate crime.
Research
Research Interests
- The law of evidence
- Criminal procedure
- Criminal law
- Criminal justice
Publications
Defendant Participation in the Criminal Process (Routledge, 2017)
Requirements for the defendant to actively participate in the English criminal process have been increasing in recent years such that the defendant can now be penalised for their non-cooperation. This book explores the changes to the defendant’s role as a participant in the criminal process and the ramifications of penalising a defendant’s non-cooperation, particularly its effect on the adversarial system.
The book develops a normative theory which proposes that the criminal process should operate as a mechanism for calling the state to account for its accusations and request for official condemnation and punishment of the accused. It goes on to examine the limitations placed on the privilege against self-incrimination, the curtailment of the right to silence, and the defendant’s duty to disclose the details of his or her case prior to trial. The book shows that, by placing participatory requirements on defendants and penalising them for their non-cooperation, a system of obligatory participation has developed. This development is the consequence of pursuing efficient fact-finding with little regard for principles of fairness or the rights of the defendant.
- 'Understanding and Preventing Testimonial Injustice in Criminal Proceedings: A comment on Federico Picinali “Evidential reasoning, testimonial injustice and the fairness of the criminal trial”’ Quaestio Facti. International Journal on Evidential Reasoning (2024)
- ‘Scrutinising Rap Evidence: Heslop’ (2023) 2 Archbold Review 5-9
- ‘Prosecuting Rap: What Does the Case Law Tell Us?’ (2022) 41(4) Popular Music 427-445 [working paper available here]
- ‘The Irrelevance of Rap’ (2022) Criminal Law Review pp.130- 151
- 'Understanding the Barriers to Defendant Participation in Criminal Proceedings in England and Wales' (2020) Legal Studies pp.1–21
- Owusu-Bempah, A, Walters, MA and Wiedlitzka, S, ‘Racially and Religiously Aggravated Offences: “God’s gift to defence”?’ (2019) Criminal Law Review pp.463-485
- Walters, MA, Owusu-Bempah, A and Wiedlitzka, S, 'Hate Crime and the "Justice Gap": The Case for Law Reform' (2018) Criminal Law Review pp.958-983
- 'How to Reinstate the Right of Silence' in JJ Child and RA Duff (eds.) Criminal Law Reform Now: Proposals & Critique (Hart, 2018) pp.270-278
- 'The Interpretation and Application of the Right to Effective Participation' (2018) 22 (4) International Journal of Evidence and Proof pp.321-341
- 'Hate Crime and the Legal Process: Options for Law Reform' LSE Law Policy Briefing Paper 28/2017
- ‘Unfit to Plead or Unfit to Testify? R v Orr [2016] EWCA Crim 889’ (2016) 80(6) Journal of Criminal Law pp.391-396 (with N. Wortley)
- ‘Racially Aggravated Offences: When Does Section 145 of the Criminal Justice Act 2003 Apply?’ (2016) Criminal Law Review pp.116-123 (with M.A. Walters)
- ‘Vulnerable Defendants and the Right to Silence: O’Donnell v United Kingdom [2015] ECHR 16667/10’ (2015) 79(5) Journal of Criminal Law pp.322-325
- ‘Prosecuting Hate Crime: Procedural Issues and the Future of the Aggravated Offences’ (2015) 35(3) Legal Studies pp.443-462
- ‘Silence in Suspicious Circumstances’ (2014) Criminal Law Review pp.126-135
- ‘Defence Participation through Pre-Trial Disclosure: Issues and Implications’ (2013) 17.2 International Journal of Evidence and Proof pp.183-201
- ‘Judging the Desirability of a Defendant’s Evidence: An Unfortunate Approach to s.35(1)(b) of the Criminal Justice and Public Order Act 1994’ (2011) Criminal Law Review pp.690-704
- ‘Improving Sentencing of Hate Crimes’ (2013) 177 Criminal Law and Justice Weekly pp.559-560
- ‘Solving the Problem of Surfing Jurors’ (2013) 177 Criminal Law and Justice Weekly pp.37-38
Hate Crime and the Legal Process: options for law reform (University of Sussex, October 2017) (with Mark A. Walters, Susann Wiedlitzka, Kay Goodall)