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Victim Participation: Review and Conclusions

  • Kerstin BraunEmail author
Chapter
Part of the Palgrave Studies in Victims and Victimology book series (PSVV)

Abstract

It has been suggested that having a voice and being able to participate in criminal proceedings can be beneficial to victims and improve their position in the criminal justice system. Whether and how victims are able to participate is up to each individual jurisdiction to decide in accordance with their judicial system and legal traditions. This chapter provides in-depth review and overall analysis of the findings on victims’ participatory rights in the selected adversarial and non-adversarial jurisdictions at the pre-trial, trial and post-trial stage. It subsequently addresses possible underlying reasons for the evident fragmentation of participation possibilities in the national context and what implications this may have for future law reform in the area. Based on these findings, the chapter reiterates the importance of enhancing victim protection in order to provide victims with an improved experience in the criminal justice system. It does so by commenting in closing on the merits of introducing or expanding legal representation schemes for victims.

Keywords

Victims’ participatory rights Fragmentation Traditional understanding of criminal justice Victim protection Legal representation for victims 

Reference

  1. Duenkel, F. (2001). The Victim in Criminal Law—On the Way from Offender-Related to Victim-Related Criminal Justice. In E. A. Fattah, S. Parmentier, & T. Peters (Eds.), Victim Policies and Criminal Justice on the Road to Restorative Justice: A Collection of Essays in Honour of Tony Peters (pp. 167–211). Leuven: Leuven University Press.Google Scholar

Copyright information

© The Author(s) 2019

Authors and Affiliations

  1. 1.University of Southern QueenslandToowoombaAustralia

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