Download or read book Victim Participation Rights written by Kerstin Braun and published by Springer. This book was released on 2019-02-14 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Victim Participation in International Criminal Justice written by Kinga Tibori-Szabó and published by Springer. This book was released on 2017-07-08 with total page 484 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Procedural Justice written by Brianne McGonigle Leyh and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: No further information has been provided for this title.
Download or read book The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations written by Juan Carlos Ochoa S. and published by Martinus Nijhoff Publishers. This book was released on 2013-02-05 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Victims Rights written by Douglas E. Beloof and published by Bloomsbury Publishing USA. This book was released on 2012-04-06 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Victimology written by Lorraine Wolhuter and published by Routledge. This book was released on 2008-07-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Victims Before the International Criminal Court written by Christoph Safferling and published by Springer Nature. This book was released on 2021-09-16 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Victimology written by WOLHUTER LORRAINE and published by Routledge. This book was released on 2008-07 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should the needs of those injured in the 7/7 terrorist attacks 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 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. Adopting an interdisciplinary approach which encompasses law, sociology and social policy, this textbook is ideal for undergraduates taking an option in victimology, race and crime, or domestic violence whatever their disciplinary background.
Download or read book The Right to The Truth in International Law written by Melanie Klinkner and published by Routledge. This book was released on 2019-07-26 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Crime Victim Rights and Remedies written by Peggy M. Tobolowsky and published by . This book was released on 2001 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 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 recent years. In fact, it has been estimated that there are currently tens of thousands of statutes which directly or indirectly affect crime victim rights and interests, as well as victim-related constitutional provisions in a majority of states. Tobolowsky describes 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 law in this area, the text describes the status of implementation of these rights and remedies, relevant empirical research, and a sampling of the pertinent policy analysis. This comprehensive portrait of the past and current status of crime victims rights and remedies in this country will inform the continued evolution of law and practice in this area.
Download or read book Victimology and Victim Rights written by Tyrone Kirchengast and published by Routledge. This book was released on 2016-10-04 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Victims of Crime written by Robert C. Davis and published by SAGE. This book was released on 2013 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edition includes newly contributed and updated articles utilizing the latest research and studies in the areas of violence, abuse, and victims' rights from experts in the field. It has a stronger focus on emerging issues and policies in the field of victimology than other comparable texts. It utilizes the latest research and studies in the areas of violence, abuse, and victims, rights. It focuses on the emerging issues and policies in the fields of victim rights and crime prevention. New 3 Part organization with the more common victimizing crimes first, followed by responses to victimizations, and then newer issues and types of victimizations in Part 3. There is a new chapters on human trafficking and cyber crime. There is a major expansion of the human services response and school victimizations. It is updated throughout with new data and research.
Download or read book Victim Appearances at Sentencing Under California s Victims Bill of Rights written by Edwin Villmoare and published by . This book was released on 1987 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Justice for Victims before the International Criminal Court written by Luke Moffett and published by Routledge. This book was released on 2014-06-27 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Victims of International Crimes An Interdisciplinary Discourse written by Thorsten Bonacker and published by Springer Science & Business Media. This book was released on 2013-07-09 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Third Parties written by Leslie Sebba and published by . This book was released on 1996 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Recent years have seen a heightened awareness of the plight of victims of crime and of their neglect by the traditional criminal justice system with its bureaucratic and institutional processes. This concern for the victim has been shared by diverse groups, including humanists, conservative "law and order" politicians, feminists, and grassroots community advocates. This combination of forces has stimulated a mass of legislative reform at both the federal and state levels. Many jurisdictions have adopted a "Bill of Rights" for the victim; public funds have been established to compensate victims; courts have been enjoined to order offenders to make restitution; welfare agencies have developed programs to provide victims with assistance; and courts are inviting victims to testify at the sentencing hearings of their offenders." "These reforms and proposals have been accompanied by a growing body of literature that discusses the needs of victims and analyzes the merits and drawbacks of particular reforms, some of which have been evaluated empirically. What has been lacking until now is an integrated overview that looks at their philosophical underpinnings and considers how these different and sometimes conflicting proposals are conceptually related to one another and to other prevailing criminal justice doctrines and ideologies. Leslie Sebba fills this gap in Third Parties."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Download or read book Towards a Critical Victimology written by Ezzat A. Fattah and published by Springer. This book was released on 2016-07-27 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Towards a Critical Victimology offers a serious challenge to the law and order perspective on victims' rights and the false contest that is usually created between those rights and the rights of offenders. It sheds light on the way victim initiatives emerged, the timing of those initiatives, their seemingly ulterior motives, and the political interests they are meant to serve.
