With Justice For Some

With Justice For Some PDF Author: George P. Fletcher
Publisher: Basic Books (AZ)
ISBN:
Category : Law
Languages : en
Pages : 328

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Book Description
A powerful examination of what's wrong with our criminal justice system and what needs to be done to fix it.

With Justice For Some

With Justice For Some PDF Author: George P. Fletcher
Publisher: Basic Books (AZ)
ISBN:
Category : Law
Languages : en
Pages : 328

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Book Description
A powerful examination of what's wrong with our criminal justice system and what needs to be done to fix it.

Victims in Criminal Procedure

Victims in Criminal Procedure PDF Author: Douglas E. Beloof
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 856

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Book Description
In the new and revised 2005 edition of this outstanding casebook, authors Professor Doug Beloof, Judge Paul Cassell, and victims attorney Steven Twist review the expanding role of the crime victim in criminal procedure. Crime victims' law has been neglected in the education of law students even though it represents the single greatest "revolution" in criminal procedure in the last twenty years. The book addresses that neglect and provides lively and provocative materials about how victims fit into the contemporary criminal justice process. The casebook examines the role of the crime victim from the early stages of the criminal process (investigation and charging) through pre-trial discovery, plea bargaining, trial, and sentencing. The book includes not only recent caselaw concerning crime victims' rights, but also law review articles, victim impact statements, and other interesting materials. The authors provide the perfect set of reading materials for a full course on victims law, a seminar style discussion class, or supplemental materials for a conventional criminal procedure course. A teacher's manual will be available. "Every now and then, a book comes along that can truly be said to be a landmark in its field. . . . Victims in Criminal Procedure is such a book." --The Crime Victims Report on the First Edition

Victims' Rights and Advocacy at the International Criminal Court

Victims' Rights and Advocacy at the International Criminal Court PDF Author: T. Markus Funk
Publisher:
ISBN: 0199941467
Category : History
Languages : en
Pages : 594

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Book Description
Since World War II, there have been some 250 conflicts throughout the world, leaving between 70-170 million atrocity crime victims. Unlike diseases or natural disasters, the injuries and tragedies of war are largely self-inflicted. Created in response to such outrages, the International Criminal Court (ICC) stands as the first and only permanent juridical body prosecuting genocide, war crimes, and crimes against humanity. Victims' Rights and Advocacy at the International Criminal Court introduces readers to the most significant restorative feature of the ICC's procedure: direct victim participation in war crime trials. Under this new model, the ICC has given victims a voice to speak out against their abusers. T. Markus Funk presents the first comprehensive guidance on this innovative dynamic, analyzing not just the procedural rules that apply, but also the practical problems in advocating for victims before the ICC. In the process, Funk provides an overview of ICC trial procedure, a candid assessment of the performance of the ICC and its predecessor tribunals, and a guide to the development of victims' rights under international law. Not only does he identify areas needing reform and reconsideration, but he also provides readers with concrete solutions. Funk, an experienced federal prosecutor and law professor who has advised prosecutors and judges at criminal tribunals as the U.S. Justice Department's Resident Legal Advisor for Kosovo, draws on that experience to suggest ways in which the ICC can improve the lot of victims of the world's worst crimes. This second edition provides a detailed analysis of the newly recognized right of victims to participate in the trials of their accused abusers. The author guides the reader through this unique, controversial body of procedural and substantive rights for victims of atrocity crimes, and discusses how to qualify as Legal Counsel for Victims, and how to seek Reparations. In addition, the author provides updated caselaw and other information to reflect the ICC's current position on victim involvement and related procedure as well as text to show how these changes in the law affect ICC procedure and advocacy.

Figuring Victims in International Criminal Justice

Figuring Victims in International Criminal Justice PDF Author: Maria Elander
Publisher: Routledge
ISBN: 0429492057
Category : Law
Languages : en
Pages : 196

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Book Description
Most discourses on victims in international criminal justice take the subject of victims for granted, as an identity and category existing exogenously to the judicial process. This book takes a different approach. Through a close reading of the institutional practices of one particular court, it demonstrates how court practices produce the subjectivity of the victim, a subjectivity that is profoundly of law and endogenous to the enterprise of international criminal justice. Furthermore, by situating these figurations within the larger aspirations of the court, the book shows how victims have come to constitute and represent the link between international criminal law and the enterprise of transitional justice. The book takes as its primary example the Extraordinary Chambers in the Courts of Cambodia (ECCC), or the Khmer Rouge Tribunal as it is also called. Focusing on the representation of victims in crimes against humanity, victim participation and photographic images, the book engages with a range of debates and scholarship in law, feminist theory and cultural legal theory. Furthermore, by paying attention to a broader range of institutional practices, Figuring Victims makes an innovative scholarly contribution to the debates on the roles and purposes of international criminal justice.

Victims Before the International Criminal Court

Victims Before the International Criminal Court PDF 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.

Victims of International Crimes: An Interdisciplinary Discourse

Victims of International Crimes: An Interdisciplinary Discourse PDF Author: Thorsten Bonacker
Publisher: Springer Science & Business Media
ISBN: 9067049123
Category : Law
Languages : en
Pages : 405

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Book Description
In international law victims' issues have gained more and more attention over the last decades. In particular in transitional justice processes the victim is being given high priority. It is to be seen in this context that the Rome Statute for the International Criminal Court foresees a rather excessive victim participation concept in criminal prosecution. In this volume issue is taken at first with the definition of victims, and secondly with the role of the victim as a witness and as a participant. Several chapters address this matter with a view to the International Criminal Court (ICC), the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the Trial against Demjanjuk in Germany. In a third part the interests of the victims outside the criminal trial are being discussed. In the final part the role of civil society actors are being tackled. This volume thus gives an overview of the role of victims in transitional justice processes from an interdisciplinary angle, combining academic research and practical experience.

Victim Participation in International Criminal Justice

Victim Participation in International Criminal Justice PDF 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.

The Oxford Handbook of Prosecutors and Prosecution

The Oxford Handbook of Prosecutors and Prosecution PDF Author: Ronald F. Wright
Publisher: Oxford University Press
ISBN: 0190905425
Category : Law
Languages : en
Pages : 653

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Book Description
"This volume brings together the work of leading international scholars across criminology, sociology, political science, and law - along with contributions from reform-minded practitioners - to examine a variety of issues in prosecutorial performance and the institutional structures that frame their behavior. The power of the modern prosecutor arises from several features of the criminal justice landscape: widespread use of law and order political rhetoric; legislatures' embrace of extreme sentencing ranges to respond to voter concerns; and the uncertain or limited accountability of prosecutors to other units of government, the electorate, the bar, or other political and professional constituencies. The convergence of these trends has transformed prosecution into an indispensable field of study. The Handbook connects the dots among existing theoretical and empirical research related to prosecutors. Major sections of the volume cover (1) prosecutor performance during distinct phases of a criminal case, (2) the features of the prosecutor's environment, both inside the office and external to the office, that influence the choices of individual prosecutors and office leaders, and (3) prosecutorial priorities when dealing with specialized types of crimes, victims, and defendants. Taken together, the chapters in this volume identify the founding texts, discuss leading theoretical and methodological approaches, explain the scope of unresolved issues, and preview where this field is headed. The volume provides a bottom-up view of an important new scholarly field. It offers an indispensable starting point for newcomers and a compelling synthesis for specialists and practitioners"--

United States Attorneys' Manual

United States Attorneys' Manual PDF Author: United States. Department of Justice
Publisher:
ISBN:
Category : Justice, Administration of
Languages : en
Pages : 720

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Book Description


Victim/survivor-focused Justice Responses and Reforms to Criminal Court Practice

Victim/survivor-focused Justice Responses and Reforms to Criminal Court Practice PDF Author: Nicole Bluett-Boyd
Publisher:
ISBN: 9781922038449
Category : Sexual abuse victims
Languages : en
Pages : 74

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Book Description
Reforms have been underway over the last three decades to address the disadvantages that victim/survivors of sexual assault face within the criminal justice system in Australia. Such reforms include expansion of advocate services, specialisation of police, alternative provisions for giving evidence at trial, and changes to jury instructions. This report was commissioned to examine the implementation of these reforms and their impact on the victim/survivor experience. Drawing on interviews with 81 criminal justice professionals including counsellors, lawyers and judges, it looks at victim/survivor-focused approaches, promising and innovative practices, the take up of reforms, the factors that enable or inhibit victim-focused reforms being embedded in court practices, and the potential for future reform.