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Crime Victim Rights and Remedies

Author: Peggy M. Tobolowsky

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9781611636949

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 criminal 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 the subsequent years. In fact, it has been estimated that there are currently tens of thousands of statutes that directly or indirectly affect crime victim rights and interests, as well as crime victim-related constitutional provisions in a majority of states. The authors describe 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 the law in this area, the text describes the status of implementation of these rights and remedies, relevant empirical research, and a sampling of pertinent policy analysis. This comprehensive portrait of the past and current status of crime victim rights and remedies in this country will inform the continued evolution of law and practice in this area. The third edition of Crime Victim Rights and Remedies continues to address the evolution of key crime victim rights (e.g., the rights to notice of and to be present and heard at criminal justice proceedings) and includes the state constitutional amendments, legislation, court decisions, and empirical studies completed since the second edition in 2010. Of particular note is an expanded federal section regarding each right and remedy in the federal Crime Victims' Rights Act, enacted in 2004, and court decisions that have interpreted the Act in its initial decade of implementation. The third edition also adds a new chapter concerning crime victim rights and remedies in the United States armed services and internationally.

Victims' Rights and Advocacy at the International Criminal Court

Author: T. Markus Funk

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 594

ISBN-13: 0199941467

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North American law has been transformed in ways unimaginable before 9/11. Laws now authorise and courts have condoned indefinite detention without charge on secret evidence, mass secret surveillance, and targeted killing of U.S. citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. This book demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion in a specific belief that 9/11 was the harbinger of a new order of terror.

With Justice For Some

Author: George P. Fletcher

Publisher: Basic Books (AZ)

Published: 1995-01-20

Total Pages: 328

ISBN-13:

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A powerful examination of what's wrong with our criminal justice system and what needs to be done to fix it.

Victims' Rights, Human Rights and Criminal Justice

Author: Jonathan Doak

Publisher: Bloomsbury Publishing

Published: 2008-04-29

Total Pages: 336

ISBN-13: 1847314244

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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.

Rights for Victims of Crime

Author: Irvin Waller

Publisher: Rowman & Littlefield Publishers

Published: 2010-12-16

Total Pages: 234

ISBN-13: 1442207078

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When the victims of injustice lose faith in their justice system, the crime they've endured cuts only deeper, adding insult to injury. The time has come to face the truth that most victims of crime will not have their needs met and often won't experience our systems of justice as just. This short book makes its readers experts in advocating rights for victims of crime. It empowers taxpayers, voters and (potential) victims of crime to make the case to rebalance justice and support victims. Written for the millions of victims of crime and their friends and families, it helps to transform an antiquated system of criminal and civil justice into a modern system that is just and fair, shifting from neglect to respect and support. While some laws in the USA and elsewhere do support victims by providing assistance, compensation, and protection from the accused, this book also sheds a harsh light upon their inadequate implementation. Police services must catch crooks but make victims their client. Courts must balance rights for defendants and victims. Services for women, children and elderly victims must be adequately funded. Restitution from offenders must be ordered and collected, not overlooked. Fair compensation from the state must change from a secret to a given. The prevention of victimization must be the budget priority not mass incarceration. Despite the speeches and the United Nations norms, governments still leave most victims of crime without basic information, support, and assistance, let alone respect and remedies in courts. If you are not yet one of those victims of crime, social responsibility requires you to ensure that your country's systems of justice are fair to those who are and for them, this book provides an answer.

Victimology

Author: Lorraine Wolhuter

Publisher: Routledge

Published: 2008-07-11

Total Pages: 320

ISBN-13: 1135390622

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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.

Victims' Rights and Victims' Wrongs

Author: Vera Bergelson

Publisher: Stanford University Press

Published: 2009-08-18

Total Pages: 248

ISBN-13: 0804772436

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"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.

Due Process and Victims' Rights

Author: Kent Roach

Publisher: University of Toronto Press

Published: 1999-01-01

Total Pages: 414

ISBN-13: 9780802009319

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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.

Adversarial Justice and Victims' Rights

Author: Mary Iliadis

Publisher:

Published: 2022-04

Total Pages: 210

ISBN-13: 9780367491529

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"The rights, status and treatment of sexual assault victims has emerged as a significant 21st-century concern, occupying the forefront of legal commentary on international policy agendas. This book explores the extent to which reforms that offer victims enhanced rights to information and participation across England and Wales, Ireland and South Australia can address sexual assault victims' procedural and substantive justice concerns. Informed by the voices of 26 high-level criminal justice professionals, legal stakeholders and victim support workers, and a quantitative dataset, this book also considers whether legal representation can address some of the problems of the prosecution process for sexual assault victims in Victoria and, indeed, in other adversarial jurisdictions that employ similar legislative frameworks. While acknowledging the value of victim-focused reforms, this book contends that cultural changes to the ways in which sexual assault victims are perceived and treated are necessary in order to improve victims' experiences of the legal process. Reconceptualising the role of sexual assault victims from 'witnesses' to 'participants' will also increase the likelihood that victims' rights and interests will be considered alongside those of the state and the accused. This book situates its findings within broader debates about the role, rights and treatment of sexual assault victims in adversarial justice systems and outlines prospects for the transfer of policy and practice between jurisdictions. Adversarial Justice and Victims' Rights will interest academic and policy stakeholders engaged in criminology, law and socio-legal studies, as well as undergraduate and postgraduate students researching sexual violence and victims' access to justice"--