Criminal Law Forum

, Volume 30, Issue 2, pp 201–223 | Cite as

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

  • Marie ManikisEmail author


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.


Unable to display preview. Download preview PDF.

Unable to display preview. Download preview PDF.


Copyright information

© Springer Nature B.V. 2019

Authors and Affiliations

  1. 1.Faculty of Law, McGill UniversityMontrealCanada

Personalised recommendations