Victim Participation Rights

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.

Winner of the ASCDOV Robert Jerin Book of the Year Award 2020 Compares ten different countries' criminal justice systems to assess the role of victims in modern criminal trials Speaks to those interested in victimology, criminal law and criminal procedure, including to policy makers and law reform bodies Takes a valuable first step towards understanding the role of victims in the criminal justice system, by examining laws relating to victim participation

Auteur
Kerstin Braun is Senior Lecturer in the School of Law and Justice at the University of Southern Queensland, Australia, where she teaches criminal law and procedure. Following her studies in Muenster, Duesseldorf and Turin she was licensed to practice law in Germany in 2009. She has published widely in areas concerning comparative criminal law and victims' rights.

Contenu

1. Victim Participation in Criminal Procedure: An Introduction.- 2. Victim Participation: A Historic Overview.- 3. Victim Perspectives and Criminal Justice.- 4. Victim Participation: Investigation and Pre-trial Decisions.- 5. Victim Participation: The Trial and Sentencing Process.- 6. Victim Participation Post Trial: Appeals and Early Release.- 7. Limits of Victim Participation in Adversarial and Non-adversarial Systems-a Case Study of Germany and Australia.- 8. Victim Participation: An Enhanced Focus on Legal Representation For Victims.- 9. Victim Participation: Review and Conclusions.