Victim Participation Rights

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Victim Participation Rights

Author : Kerstin Braun
Publisher : Springer
ISBN 13 : 3030045463
Total Pages : 309 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Victim Participation Rights by : Kerstin Braun

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.

Victim Participation in International Criminal Justice

Author : Kinga Tibori-Szabó
Publisher : Springer
ISBN 13 : 9462651779
Total Pages : 479 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Victim Participation in International Criminal Justice by : Kinga Tibori-Szabó

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 479 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.

Procedural Justice?

Author : Brianne McGonigle Leyh
Publisher :
ISBN 13 : 9781780680200
Total Pages : 0 pages
Book Rating : 4.6/5 (82 download)

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Book Synopsis Procedural Justice? by : Brianne McGonigle Leyh

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.

Victims of International Crimes: An Interdisciplinary Discourse

Author : Thorsten Bonacker
Publisher : Springer Science & Business Media
ISBN 13 : 9067049123
Total Pages : 399 pages
Book Rating : 4.0/5 (67 download)

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Book Synopsis Victims of International Crimes: An Interdisciplinary Discourse by : Thorsten Bonacker

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 399 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.

Victims' Rights

Author : Douglas E. Beloof
Publisher : Bloomsbury Publishing USA
ISBN 13 : 031339346X
Total Pages : 329 pages
Book Rating : 4.3/5 (133 download)

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Book Synopsis Victims' Rights by : Douglas E. Beloof

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.

Victimology

Author : Lorraine Wolhuter
Publisher : Routledge
ISBN 13 : 1135390622
Total Pages : 320 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Victimology by : Lorraine Wolhuter

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: How should the needs of victims of crime 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 book examines the theoretical arguments concerning victimization before examining who victims actually are and the measures taken by the criminal justice system to enhance their position. Particular attention is paid to the victimization of women, LGBT persons, minority ethnic persons and the elderly. The book engages in a detailed exposition of the law’s response to such victimization, focusing on the measures adopted in international human rights law, by the Council of Europe, and in English law and policy. It also assesses alternative models of victim participation in criminal proceedings in European jurisdictions such as Germany, Sweden and the Netherlands. Adopting an interdisciplinary approach which encompasses law, criminology and social policy, the book is ideal for undergraduates taking an option in victimology, race and crime, or gender and crime, whatever their disciplinary background.

Victims of Crime

Author : Robert C. Davis
Publisher : SAGE
ISBN 13 : 1452203202
Total Pages : 569 pages
Book Rating : 4.4/5 (522 download)

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Book Synopsis Victims of Crime by : Robert C. Davis

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.

The Rights of Crime Victims

Author : Dean G. Kilpatrick
Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Rights of Crime Victims by : Dean G. Kilpatrick

Download or read book The Rights of Crime Victims written by Dean G. Kilpatrick and published by . This book was released on 1998 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Crime Victim Rights and Remedies

Author : Peggy M. Tobolowsky
Publisher :
ISBN 13 :
Total Pages : 304 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Crime Victim Rights and Remedies by : Peggy M. Tobolowsky

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.

Victims Before the International Criminal Court

Author : Christoph Safferling
Publisher : Springer Nature
ISBN 13 : 3030801772
Total Pages : 390 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Victims Before the International Criminal Court by : Christoph Safferling

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.

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations

Author : Juan Carlos Ochoa S.
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004212167
Total Pages : 333 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations by : Juan Carlos Ochoa S.

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.

Victimology

Author : WOLHUTER LORRAINE
Publisher : Routledge
ISBN 13 : 9781845681074
Total Pages : 256 pages
Book Rating : 4.6/5 (81 download)

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Book Synopsis Victimology by : WOLHUTER LORRAINE

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.

Victims in the Criminal Justice System

Author : Jo-Anne M. Wemmers
Publisher : Kugler Publications
ISBN 13 : 9789062991440
Total Pages : 262 pages
Book Rating : 4.9/5 (914 download)

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Book Synopsis Victims in the Criminal Justice System by : Jo-Anne M. Wemmers

Download or read book Victims in the Criminal Justice System written by Jo-Anne M. Wemmers and published by Kugler Publications. This book was released on 1996 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Victim Appearances at Sentencing Under California's Victims' Bill of Rights

Author : Edwin Villmoare
Publisher :
ISBN 13 :
Total Pages : 14 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Victim Appearances at Sentencing Under California's Victims' Bill of Rights by : Edwin Villmoare

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:

Figuring Victims in International Criminal Justice

Author : Maria Elander
Publisher : Routledge
ISBN 13 : 0429492057
Total Pages : 196 pages
Book Rating : 4.4/5 (294 download)

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Book Synopsis Figuring Victims in International Criminal Justice by : Maria Elander

Download or read book Figuring Victims in International Criminal Justice written by Maria Elander and published by Routledge. This book was released on 2018-06-12 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 Right to The Truth in International Law

Author : Melanie Klinkner
Publisher : Routledge
ISBN 13 : 1317335082
Total Pages : 287 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis The Right to The Truth in International Law by : Melanie Klinkner

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.

Victimology and Victim Rights

Author : Tyrone Kirchengast
Publisher : Taylor & Francis
ISBN 13 : 1317002296
Total Pages : 254 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis Victimology and Victim Rights by : Tyrone Kirchengast

Download or read book Victimology and Victim Rights written by Tyrone Kirchengast and published by Taylor & Francis. This book was released on 2016-10-04 with total page 254 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.