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Author: Albin Dearing Publisher: Springer ISBN: 3319450484 Category : Law Languages : en Pages : 417
Book Description
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.
Author: Albin Dearing Publisher: Springer ISBN: 3319450484 Category : Law Languages : en Pages : 417
Book Description
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.
Author: Leslie Sebba Publisher: ISBN: 9780814206683 Category : History Languages : en Pages : 460
Book Description
Recent years have seen a heightened awareness of the plight of victims of crime and their neglect by the traditional criminal justice system. 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 have been accompanied by a growing body of literature. What has been lacking until now is an overview that looks at their philosophical underpinnings and considers how these different proposals are conceptually related to one another and to other prevailing criminal justice doctrines and ideologies. Leslie Sebba fills this gap in Third Parties. Sebba first establishes a set of criteria by which to evaluate reforms by identifying the parameters of an optimal criminal justice system. From this perspective, he then discusses individual victim-related reforms. What emerges most clearly from Sebba's timely and encyclopedic work is the need to rethink many of the issues involved. The first book-length study of its kind, this volume is recommended reading for policy makers in the field of victim reform and is essential for scholars and students in victimology, victims and the criminal justice system, the sociology of law, criminal justice policy, and law and social policy. Leslie Sebba is professor of criminology on the faculty of law at the Hebrew University of Jerusalem. He is the coauthor of "Rehabilitation as Punishment: The Treatment of Drug-Addict Offenders" and "Punishment under the "Service Work" Law: An Evaluation" and the co-editor of "Criminology in Perspective: Essays in Honor of Israel Drapkin." He is one of the founding editors of "The International Review of Victimology."
Author: Kent Roach Publisher: University of Toronto Press ISBN: 9780802009319 Category : Philosophy Languages : en Pages : 414
Book Description
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.
Author: Maria Elander Publisher: Routledge ISBN: 0429492057 Category : Law Languages : en Pages : 196
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.
Author: Susan Herman Publisher: National Center for Victims of Crime ISBN: 9780615326108 Category : Political Science Languages : en Pages : 173
Book Description
This year more than 20 million Americans will become victims of crime. Very few will get the help they need to get their lives back on track. Parallel Justice for Victims of Crime presents a new approach, designed to help victims rebuild their lives now being piloted from Vermont to California by police chiefs, prosecutors, corrections officials, victim advocates and community leaders. Drawing on more than 30 years of criminal justice experience, including almost 8 years as executive director of the National Center for Victims of Crime, author Susan Herman explains why justice for all requires more than holding offenders accountable it means addressing victims' three basic needs: to be safe, to recover from the trauma of the crime, and regain control of their lives. With guiding principles and practical examples of how to respond to victims of any kind of crime, Parallel Justice for Victims of Crime provides a roadmap for everyone who wants to pursue this new vision of justice.
Author: Vera Bergelson Publisher: Stanford University Press ISBN: 0804772436 Category : Law Languages : en Pages : 248
Book Description
"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.
Author: Kinga Tibori-Szabó Publisher: Springer ISBN: 9462651779 Category : Law Languages : en Pages : 484
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.
Author: Albin Dearing
Author: Albin Dearing
Author: Alison Burke
Author: Leslie Sebba
Author: Kent Roach
Author: Maria Elander
Author: Jo-Anne M. Wemmers
Author: Susan Herman
Author: Vera Bergelson
Author: Kinga Tibori-Szabó
Author: Morton Bard