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A New Model of the Criminal Justice Process: Victims’ Rights as Advancing Penal Parsimony and Moderation

  • Marie ManikisEmail author
Article
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Abstract

In common law jurisdictions theoretical models of the criminal process were developed to enable a greater understanding of the values and forces behind this process. This article discusses victim engagement in the process with a particular look at their contribution to punitiveness during the prosecution and court proceedings. It argues that although existing models remain useful, a complementary model should be added that accounts for recent victim-initiatives, as well as empirical knowledge in the area of victim participation. This model posits that victim participation does not necessarily advance punitiveness and when advancing non-punitive aims, it does not necessarily operate within a restorative justice framework. The proposed model conceives victim participation as contributing to penal parsimony and moderation in criminal proceedings.

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Copyright information

© Springer Nature B.V. 2019

Authors and Affiliations

  1. 1.Faculty of Law, McGill UniversityMontrealCanada

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