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Author: Kerstin Braun
Publisher: Springer
ISBN: 3030045463
Category : Social Science
Languages : en
Pages : 309
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Book Description
This book traces victims’ active participatory rights through different procedural stages in adversarial and non-adversarial justice systems, in an attempt to identify what role victims play during criminal proceedings in the domestic setting. Braun analyses countries with different legal traditions, including: the United States, England, Wales and Australia (as examples of mostly adversarial countries); Germany and France (as examples of inquisitorial systems); as well as Denmark and Sweden with their mixed inquisitorial-adversarial background. Victim Participation Rights is distinctive in that it assesses the implementation of formal processes and procedures concerning victim participation at three different procedural stages: first, investigation and pre-trial; second, trial and sentencing; and third, post-trial with a focus on appeal and parole. In addition, Braun provides an in-depth case study on the general position of victims in criminal trials, especially in light of national criminal justice policy, in Germany, a mostly inquisitorial system and Australia, a largely adversarial system. In light of its findings, the book ponders whether, at this stage in time, a greater focus on victim protection rather than on active procedural rights could be more beneficial to enhancing the overall experience of victims. In this context, it takes a close look at the merits of introducing or expanding legal representation schemes for victims.
Author: Kerstin Braun
Publisher: Springer
ISBN: 3030045463
Category : Social Science
Languages : en
Pages : 309
Get Book Here
Book Description
This book traces victims’ active participatory rights through different procedural stages in adversarial and non-adversarial justice systems, in an attempt to identify what role victims play during criminal proceedings in the domestic setting. Braun analyses countries with different legal traditions, including: the United States, England, Wales and Australia (as examples of mostly adversarial countries); Germany and France (as examples of inquisitorial systems); as well as Denmark and Sweden with their mixed inquisitorial-adversarial background. Victim Participation Rights is distinctive in that it assesses the implementation of formal processes and procedures concerning victim participation at three different procedural stages: first, investigation and pre-trial; second, trial and sentencing; and third, post-trial with a focus on appeal and parole. In addition, Braun provides an in-depth case study on the general position of victims in criminal trials, especially in light of national criminal justice policy, in Germany, a mostly inquisitorial system and Australia, a largely adversarial system. In light of its findings, the book ponders whether, at this stage in time, a greater focus on victim protection rather than on active procedural rights could be more beneficial to enhancing the overall experience of victims. In this context, it takes a close look at the merits of introducing or expanding legal representation schemes for victims.
Author: Kinga Tibori-Szabó
Publisher: Springer
ISBN: 9462651779
Category : Law
Languages : en
Pages : 484
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Book Description
This book is a guide to the law and practice of victims’ roles before the International Criminal Court, the Extraordinary Chambers in the Courts of Cambodia and the Special Tribunal for Lebanon. The various chapters focus on the provisions relevant to victim participation at these courts and the case law interpreting and applying those provisions. The book thus informs the reader on the principal ways in which the relevant practice is developing, the distinct avenues taken in the application of similar provisions as well as the ensuing advantages and challenges. Unlike other volumes focusing on relevant academic literature, this volume is written mainly by practitioners and is addressed to those lawyers, legal advisers and victimologists who work or wish to work in the field of victim participation in international criminal justice. Kinga Tibori-Szabó is legal officer for the Kosovo Specialist Chambers in The Hague and has previously worked for the Legal Representative of Victims at the Special Tribunal for Lebanon. Megan Hirst is a barrister at Doughty Street Chambers in London and has worked on victims' participation issues in the Registries of the International Criminal Court and the Special Tribunal for Lebanon, as well as in an LRV team in Prosecutor v. Dominic Ongwen.
Author: Lorraine Wolhuter
Publisher: Routledge
ISBN: 1135390622
Category : Law
Languages : en
Pages : 320
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Book Description
This new textbook examines the theoretical arguments surrounding victims before examining who the victims of crime actually are and the measures taken by the criminal justice system in order to enhance their position. Particular attention is paid to women, homosexuals, ethnic minorities and the elderly as victims and students are introduced to alternative models of victim participation in criminal proceedings within other European jurisdictions providing an enlightening comparative analysis.
Author: Brianne McGonigle Leyh
Publisher:
ISBN: 9781780680200
Category : Crime and criminals
Languages : en
Pages : 0
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Book Description
No further information has been provided for this title.
Author: Juan Carlos Ochoa S.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004212167
Category : Law
Languages : en
Pages : 333
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Book Description
The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.
Author: Christoph Safferling
Publisher: Springer Nature
ISBN: 3030801772
Category : Law
Languages : en
Pages : 390
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Book Description
The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.
Author: Douglas E. Beloof
Publisher: Bloomsbury Publishing USA
ISBN: 031339346X
Category : Social Science
Languages : en
Pages : 329
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Book Description
This invaluable one-stop reference source supplies students and general readers with historical and current information on the victims' rights revolution in the United States, providing analysis on everything from human rights reports to Supreme Court cases that allows the reader to fully understand these documents. Victims' rights represent the greatest change in the criminal justice system within the last 30 years. Victims' Rights: A Documentary and Reference Guide traces the origins, evolution, and results of the victims' rights movement. It puts victims' rights in a legal, historical, and contemporary context, and comprehensively collects important victims' rights documents in a single volume—perfect for students as well as general readers. Bringing together dozens of varied documents such as presidential task force reports and recommendations, Supreme Court cases, state constitutions, human rights reports, critical articles, and political documents, this book is an indispensable resource for those seeking to understand the origins and modern consequences of American victims' rights policy. The author's accompanying commentary and analysis helps the reader to gain a complete comprehension of the significance of these documents, while numerous bibliographic sources provide additional resources for interested readers.
Author: Lorraine Wolhuter
Publisher: Routledge
ISBN: 1135390614
Category : Law
Languages : en
Pages : 357
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Book Description
How should the needs of victims of crime be met by the criminal justice system? Have the rights of victims been neglected in order to ensure that a defendant is brought to 'justice'? Who are the victims of crime and why are they targeted? This new book examines the theoretical arguments concerning victimization before examining who victims actually are and the measures taken by the criminal justice system to enhance their position. Particular attention is paid to the victimization of women, LGBT persons, minority ethnic persons and the elderly. The book engages in a detailed exposition of the law’s response to such victimization, focusing on the measures adopted in international human rights law, by the Council of Europe, and in English law and policy. It also assesses alternative models of victim participation in criminal proceedings in European jurisdictions such as Germany, Sweden and the Netherlands. Adopting an interdisciplinary approach which encompasses law, criminology and social policy, the book is ideal for undergraduates taking an option in victimology, race and crime, or gender and crime, whatever their disciplinary background.
Author: Melanie Klinkner
Publisher: Routledge
ISBN: 1317335082
Category : Law
Languages : en
Pages : 287
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Book Description
The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.
Author: Luke Moffett
Publisher: Routledge
ISBN: 1317910818
Category : Law
Languages : en
Pages : 367
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Book Description
Many prosecutors and commentators have praised the victim provisions at the International Criminal Court (ICC) as 'justice for victims', which for the first time include participation, protection and reparations. This book critically examines the role of victims in international criminal justice, drawing from human rights, victimology, and best practices in transitional justice. Drawing on field research in Northern Uganda, Luke Moffet explores the nature of international crimes and assesses the role of victims in the proceedings of the ICC, paying particular attention to their recognition, participation, reparations and protection. The book argues that because of the criminal nature and structural limitations of the ICC, justice for victims is symbolic, requiring State Parties to complement the work of the Court to address victims' needs. In advancing an innovative theory of justice for victims, and in offering solutions to current challenges, the book will be of great interest and use to academics, practitioners and students engaged in victimology, the ICC, transitional justice, or reparations.
