Advertisement

Victim Participation Rights

Variation Across Criminal Justice Systems

  • Kerstin Braun
Book

Part of the Palgrave Studies in Victims and Victimology book series (PSVV)

About this book

Introduction

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.

Keywords

victim rights human rights crime and policy criminal justice victimology criminal law parole justice system

Authors and affiliations

  • Kerstin Braun
    • 1
  1. 1.University of Southern Queensland ToowoombaAustralia

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-030-04546-3
  • Copyright Information The Editor(s) (if applicable) and The Author(s) 2019
  • Publisher Name Palgrave Macmillan, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-030-04545-6
  • Online ISBN 978-3-030-04546-3
  • Buy this book on publisher's site