This book addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in all phases of the criminal trial, with new substantive and procedural rights, many of which may be enforced against the state or defendant. This movement to substantive rights has been contentious, and evidences a contested terrain between lawyers, defendants, policy-makers and even victims themselves.
Bringing together substantial source materials from law and policy, this book sets out the rights and powers of the victim throughout the phases of the modern adversarial criminal trial. It examines the role of the victim in pre-trial processes, alternative pathways and restorative intervention, the jury trial, sentencing, appeal and parole. Preventative detention, victim registers, criminal injuries compensation and victim assistance, restitution and reparations, and extra-curial rights and declarations are examined to set out the rights of victims as they impact upon and constitute aspects of the modern criminal trial process. The adversarial criminal trial is also assessed in the context of the increased rights of victims in international law and procedure, and with reference to policy transfer between civil and common law jurisdictions. This timely and comprehensive book will be of great interest to scholars of criminology, criminal law and socio-legal studies.
Mục lục
Chapter 1. Victims and the Criminal Trial Process.- Chapter 2. Pre-Trial Processes: Arrest, Bail, Discovery and Prosecution Decision-Making.- Chapter 3. Alternative Pathways: Restoration, Intervention and Community Justice.- Chapter 4. Trial by Jury.- Chapter 5. Sentencing.- Chapter 6. Appeals, Punishment and Parole.- Chapter 7. Compensation and Victim Assistance.- Chapter 8. Extra Curial Rights, Declarations and the Rise of the Commissioner of Victim Rights.- Chapter 9. Victims and Substantive and Procedural Justice.
Giới thiệu về tác giả
Tyrone Kirchengast is Senior Lecturer in Criminal Law at the University of New South Wales, Australia. His research focuses on criminal law and justice, with particular interest in victims of crime, comparative criminal justice, and the development of institutions of criminal law and justice. He has published widely on the integration of victims in the criminal trial and is the author of
The Victim in Criminal Law and Justice (2006),
The Criminal Trial in Law and Discourse (2010) and
Criminal Law in Australia (with L. Finlay, 2014).
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