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Author: Tyrone Kirchengast
Publisher: Taylor & Francis
ISBN: 1317002296
Category : Law
Languages : en
Pages : 279
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Book Description
This book examines the international, regional and domestic human rights frameworks that establish victim rights as a central force in law and policy in the twenty-first century. Accessing substantial source material that sets out a normative framework of victim rights, this work argues that despite degrees of convergence, victim rights are interpreted on the domestic level, in accordance with the localised interests of victims and individual states. The transition of the victim from peripheral to central stakeholder of justice is demonstrated across various adversarial, inquisitorial and hybrid systems in an international context. Examining the standing of victims globally, this book provides a comparative analysis of the role of the victim in the International Criminal Court, the ad hoc tribunals leading to the development of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, together with the Extraordinary Chambers of the Courts of Cambodia, Special Panels of East Timor (Timor Leste), and the Internationalised Panels in Kosovo. The instruments of the European Parliament and Council of Europe, with the rulings of the European Court of Justice, and the European Court of Human Rights, interpreting the European Convention of Human Rights, are examined. These instruments are further contextualised on the local, domestic level of the inquisitorial systems of Germany and France, and mixed systems of Sweden, Austria and the Netherlands, together with common law systems including, England and Wales, Ireland, Scotland, USA, Australia, Canada, New Zealand, India, South Africa, and the hybrid systems of Japan and Brazil. This book organises the authoritative instruments while advancing debate over the positioning of the victim in law and policy, as influenced by global trends in criminal justice, and will be of great interest to scholars of international law, criminal law, victimology and socio-legal studies.
Author: Tyrone Kirchengast
Publisher: Taylor & Francis
ISBN: 1317002296
Category : Law
Languages : en
Pages : 279
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Book Description
This book examines the international, regional and domestic human rights frameworks that establish victim rights as a central force in law and policy in the twenty-first century. Accessing substantial source material that sets out a normative framework of victim rights, this work argues that despite degrees of convergence, victim rights are interpreted on the domestic level, in accordance with the localised interests of victims and individual states. The transition of the victim from peripheral to central stakeholder of justice is demonstrated across various adversarial, inquisitorial and hybrid systems in an international context. Examining the standing of victims globally, this book provides a comparative analysis of the role of the victim in the International Criminal Court, the ad hoc tribunals leading to the development of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, together with the Extraordinary Chambers of the Courts of Cambodia, Special Panels of East Timor (Timor Leste), and the Internationalised Panels in Kosovo. The instruments of the European Parliament and Council of Europe, with the rulings of the European Court of Justice, and the European Court of Human Rights, interpreting the European Convention of Human Rights, are examined. These instruments are further contextualised on the local, domestic level of the inquisitorial systems of Germany and France, and mixed systems of Sweden, Austria and the Netherlands, together with common law systems including, England and Wales, Ireland, Scotland, USA, Australia, Canada, New Zealand, India, South Africa, and the hybrid systems of Japan and Brazil. This book organises the authoritative instruments while advancing debate over the positioning of the victim in law and policy, as influenced by global trends in criminal justice, and will be of great interest to scholars of international law, criminal law, victimology and socio-legal studies.
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: Peggy M. Tobolowsky
Publisher:
ISBN: 9781611636949
Category : Victims of crimes
Languages : en
Pages : 0
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Book Description
Prior to the emergence of a victims' movement in this country in the 1970s, crime victims had only limited formal rights and remedies in the modern American criminal justice system. With the active encouragement of those involved in the victims' movement and guidance supplied by a national Task Force on Victims of Crime, convened by President Reagan in 1982, federal and state authorization of crime victim rights and remedies has increased exponentially in the subsequent years. In fact, it has been estimated that there are currently tens of thousands of statutes that directly or indirectly affect crime victim rights and interests, as well as crime victim-related constitutional provisions in a majority of states. The authors describe the constitutional and legislative provisions addressing the principal crime victim rights and remedies and leading judicial opinions that have interpreted them. In addition to presenting the current state of the law in this area, the text describes the status of implementation of these rights and remedies, relevant empirical research, and a sampling of pertinent policy analysis. This comprehensive portrait of the past and current status of crime victim rights and remedies in this country will inform the continued evolution of law and practice in this area. The third edition of Crime Victim Rights and Remedies continues to address the evolution of key crime victim rights (e.g., the rights to notice of and to be present and heard at criminal justice proceedings) and includes the state constitutional amendments, legislation, court decisions, and empirical studies completed since the second edition in 2010. Of particular note is an expanded federal section regarding each right and remedy in the federal Crime Victims' Rights Act, enacted in 2004, and court decisions that have interpreted the Act in its initial decade of implementation. The third edition also adds a new chapter concerning crime victim rights and remedies in the United States armed services and internationally.
Author: Yoshiko Takahashi
Publisher: SAGE Publications
ISBN: 1544350732
Category : Social Science
Languages : en
Pages : 519
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Book Description
Victimology and Victim Assistance offers insights into the criminal justice system from the perspective of often overlooked participants—victims. Delving into victim involvement in the criminal justice system, the impact of crime on victims, and new directions in victimology and victim assistance, authors Yoshiko Takahashi and Chadley James provide crucial insights and practical applications into the field of victim assistance. With an emphasis on advocacy, intervention, and restoration, this book examines real issues and barriers in the criminal justice system for victims and offers a way forward for future criminal justice or other human service professionals.
Author: Inge Vanfraechem
Publisher: Routledge
ISBN: 1136207759
Category : Social Science
Languages : en
Pages : 427
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Book Description
Justice for Victims brings together the world’s leading scholars in the fields of study surrounding victimization in a pioneering international collection. This book focuses on the current study of victims of crime, combining both legal and social-scientific perspectives, articulating both in new directions and questioning whether victims really do have more rights in our modern world. This book offers an interdisciplinary approach, covering large-scale (political) victimization, terrorist victimization, sexual victimization and routine victimization. Split into three sections, this book provides in-depth coverage of: victims' rights, transitional justice and victims' perspectives, and trauma, resilience and justice. Victims' rights are conceptualised in the human rights framework and discussed in relation to supranational, international and regional policies. The transitional justice section covers victims of war from those caught between peace and justice, as well as post-conflict justice. The final section focuses on post-traumatic stress, connecting psychological and anthropological perceptions in analysing collective violence, mass victimization and trauma. This book addresses challenging and new issues in the field of victimology and the study of transitional and restorative justice. As such, it will be of interest to researchers, practitioners and students interested in the fields of victimology, transitional justice, restorative justice and trauma work.
Author: Alison Burke
Publisher:
ISBN: 9781636350684
Category :
Languages : en
Pages :
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Book Description
Author: Jan Yager
Publisher: Aspen Publishing
ISBN: 1543829341
Category : Law
Languages : en
Pages : 1027
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Book Description
Essentials of Victimology is an engaging new textbook for anyone seeking to gain a fundamental understanding of the field. Renowned author Jan Yager provides an awareness of the evolution of the discipline of victimology, as well as an understanding of the early and current theories, and a discussion of key concepts. The text includes practical, up-to-date chapters on victims and their interactions with the criminal justice system and on the medical and legal help available to victims. In addition, the major violent, property, and white-collar or economic crimes are explored in separate chapters. Throughout the book, the author utilizes examples and in-depth profiles to emphasize the real-life impact of crime on its victims. This well-structured text is designed with the student in mind, offering clear learning objectives, an overview of key terms and concepts, and effective end-of-chapter questions to reinforce the material. Based on the research, teaching, writing, and victim advocacy of accomplished author Jan Yager, Essentials of Victimology brings a modern and comprehensive perspective to this important field. Professors and student will benefit from: Multidisciplined approach that draws from not only sociology, criminology, and victimology but also anthropology, history, law, psychology, psychiatry, social work, medicine, nursing, and communication studies for insights and answers. Engaging presentation that brings the material to life. Numerous first-person interviews with crime victims or experts Clear explanations of the basic concepts accompanied by thoughtful discussions of cutting-edge issues Separate chapters on Child Victims and Teen victims, exploring topics not covered in other texts such as sibling sexual abuse Unique chapter on Victims of the Criminal Justice System (Chapter 14).
Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720
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Book Description
Author: Vera Bergelson
Publisher: Stanford University Press
ISBN: 0804772436
Category : Law
Languages : en
Pages : 248
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Book Description
"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.
Author: Jonathan Doak
Publisher: Bloomsbury Publishing
ISBN: 1847314244
Category : Law
Languages : en
Pages : 336
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Book Description
In recent times, the idea of 'victims' rights' has come to feature prominently in political, criminological and legal discourse, as well as being subject to regular media comment. The concept nevertheless remains inherently elusive, and there is still considerable ambiguity as to the origin and substance of such rights. This monograph deconstructs the nature and scope of the rights of victims of crime against the backdrop of an emerging international consensus on how victims ought to be treated and the role they ought to play. The essence of such rights is ascertained not only by surveying the plethora of international standards which deal specifically with crime victims, but also by considering the potential cross-applicability of standards relating to victims of abuse of power, with whom they have much in common. In this book Jonathan Doak considers the parameters of a number of key rights which international standards suggest victims ought to be entitled to. He then proceeds to ask whether victims are able to rely upon such rights within a domestic criminal justice system characterised by structures, processes and values which are inherently exclusionary, adversarial and punitive in nature.
