Victim participation rights: variation across criminal justice systems

Authored book


Braun, Kerstin. 2019. Victim participation rights: variation across criminal justice systems. Cham, Switzerland. Palgrave Macmillan.
Book Title

Victim participation rights: variation across criminal justice systems

Book CategoryAuthored book
ERA Publisher ID2865
Authors
AuthorBraun, Kerstin
Number of Pages296
SeriesPalgrave Studies in Victims and Victimology
Year2019
PublisherPalgrave Macmillan
Place of PublicationCham, Switzerland
ISBN9783030045456
9783030045463
Web Address (URL)https://www.palgrave.com/gp/book/9783030045456
Abstract

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.

Keywordsvictim participation rights, criminal procedure, pre-trial, trial, post-trial, Germany, France, Sweden, Denmark, England and Wales, US, Australia
ANZSRC Field of Research 2020489999. Other law and legal studies not elsewhere classified
480302. Comparative law
Public Notes

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Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
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