Victims And Criminal Justice

A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.

This book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state’s criminal laws and instead reinterpreting it as a violation of human rights. The state’s right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.

The protocol outlines what you can expect throughout the criminal justice process, from the time you report a crime through the police investigation, court proceedings and, if the accused is found guilty, provincial and federal corrections and the National Parole Board. The protocol also tells what is expected of you and what else you can do when you are in contact with the criminal justice system.

Restorative justice aims to address the consequences of crime by encouraging victims and offenders to communicate and discuss the harm caused by the crime that has been committed. In the majority of cases, restorative justice is facilitated by direct and indirect dialogue between victims and offenders, but it also includes support networks and sometimes involves professionals such as police, lawyers, social workers or prosecutors and judges. In theory, the victim is a core participant in restorative justice and the restoration of the harm is a first concern. In practice, questions arise as to whether the victim is actively involved in the process, what restoration may entail, whether there is a risk of secondary victimisation and whether the victim is truly at the heart of the restorative response, or whether the offender remains the focal point of attention. Using a combination of victimological literature and empirical data from a European research project, this book considers the role and the position of the victim in restorative justice practices, focusing on legislative, organisational and institutional frameworks of victim-offender mediation and conferencing programmes at a national and local level, as well as the victims’ personal needs and experiences. The findings are essential reading for academics and students engaged in the study of justice, victimology and law. The publication will also be valuable to policymakers and professionals such as social workers, lawyers and mediators.

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.

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.

The Routledge Handbook on Victims’ Issues in Criminal Justice is a comprehensive and authoritative handbook on current issues, with a distinctive emphasis on the delivery of suitable and effective services. The editor provides an introduction and conclusion to the handbook, synthesizing original contributions from current leaders in the field, surveying victims’ rights in the United States, victim participation in the criminal justice system, victims’ welfare and needs, and most notably the services that have been developed in response. A section on special populations in the United States brings focus to current and emerging issues faced within the country, while a section covering international and transnational victimization explores globalization and the implications of other legal traditions and systems. This handbook addresses the crucial and complex topic of victims’ issues, examining both societal and governmental reactions to victims’ concerns and acquainting readers with the issues that discord may cause, and how they affect the provision of services. This book will serve as an essential reference for academics and practitioners working with crime victims, as well as for students taking courses in victimology, criminology, sociology, and related subjects.