Crime Victim Rights and Remedies

Crime Victim Rights and Remedies

Author: Peggy M. Tobolowsky

Publisher:

Published: 2016

Total Pages: 0

ISBN-13: 9781611636949

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Prior to the emergence of a victims' movement in this country in the 1970s, crime victims had only limited formal rights and remedies in the modern American criminal justice system. With the active encouragement of those involved in the victims' movement and guidance supplied by a national Task Force on Victims of Crime, convened by President Reagan in 1982, federal and state authorization of crime victim rights and remedies has increased exponentially in the subsequent years. In fact, it has been estimated that there are currently tens of thousands of statutes that directly or indirectly affect crime victim rights and interests, as well as crime victim-related constitutional provisions in a majority of states. The authors describe the constitutional and legislative provisions addressing the principal crime victim rights and remedies and leading judicial opinions that have interpreted them. In addition to presenting the current state of the law in this area, the text describes the status of implementation of these rights and remedies, relevant empirical research, and a sampling of pertinent policy analysis. This comprehensive portrait of the past and current status of crime victim rights and remedies in this country will inform the continued evolution of law and practice in this area. The third edition of Crime Victim Rights and Remedies continues to address the evolution of key crime victim rights (e.g., the rights to notice of and to be present and heard at criminal justice proceedings) and includes the state constitutional amendments, legislation, court decisions, and empirical studies completed since the second edition in 2010. Of particular note is an expanded federal section regarding each right and remedy in the federal Crime Victims' Rights Act, enacted in 2004, and court decisions that have interpreted the Act in its initial decade of implementation. The third edition also adds a new chapter concerning crime victim rights and remedies in the United States armed services and internationally.


Book Synopsis Crime Victim Rights and Remedies by : Peggy M. Tobolowsky

Download or read book Crime Victim Rights and Remedies written by Peggy M. Tobolowsky and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Prior to the emergence of a victims' movement in this country in the 1970s, crime victims had only limited formal rights and remedies in the modern American criminal justice system. With the active encouragement of those involved in the victims' movement and guidance supplied by a national Task Force on Victims of Crime, convened by President Reagan in 1982, federal and state authorization of crime victim rights and remedies has increased exponentially in the subsequent years. In fact, it has been estimated that there are currently tens of thousands of statutes that directly or indirectly affect crime victim rights and interests, as well as crime victim-related constitutional provisions in a majority of states. The authors describe the constitutional and legislative provisions addressing the principal crime victim rights and remedies and leading judicial opinions that have interpreted them. In addition to presenting the current state of the law in this area, the text describes the status of implementation of these rights and remedies, relevant empirical research, and a sampling of pertinent policy analysis. This comprehensive portrait of the past and current status of crime victim rights and remedies in this country will inform the continued evolution of law and practice in this area. The third edition of Crime Victim Rights and Remedies continues to address the evolution of key crime victim rights (e.g., the rights to notice of and to be present and heard at criminal justice proceedings) and includes the state constitutional amendments, legislation, court decisions, and empirical studies completed since the second edition in 2010. Of particular note is an expanded federal section regarding each right and remedy in the federal Crime Victims' Rights Act, enacted in 2004, and court decisions that have interpreted the Act in its initial decade of implementation. The third edition also adds a new chapter concerning crime victim rights and remedies in the United States armed services and internationally.

Victims' Rights and Advocacy at the International Criminal Court

Victims' Rights and Advocacy at the International Criminal Court

Author: T. Markus Funk

Publisher:

Published: 2015

Total Pages: 594

ISBN-13: 0199941467

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Since World War II, there have been some 250 conflicts throughout the world, leaving between 70-170 million atrocity crime victims. Unlike diseases or natural disasters, the injuries and tragedies of war are largely self-inflicted. Created in response to such outrages, the International Criminal Court (ICC) stands as the first and only permanent juridical body prosecuting genocide, war crimes, and crimes against humanity. Victims' Rights and Advocacy at the International Criminal Court introduces readers to the most significant restorative feature of the ICC's procedure: direct victim participation in war crime trials. Under this new model, the ICC has given victims a voice to speak out against their abusers. T. Markus Funk presents the first comprehensive guidance on this innovative dynamic, analyzing not just the procedural rules that apply, but also the practical problems in advocating for victims before the ICC. In the process, Funk provides an overview of ICC trial procedure, a candid assessment of the performance of the ICC and its predecessor tribunals, and a guide to the development of victims' rights under international law. Not only does he identify areas needing reform and reconsideration, but he also provides readers with concrete solutions. Funk, an experienced federal prosecutor and law professor who has advised prosecutors and judges at criminal tribunals as the U.S. Justice Department's Resident Legal Advisor for Kosovo, draws on that experience to suggest ways in which the ICC can improve the lot of victims of the world's worst crimes. This second edition provides a detailed analysis of the newly recognized right of victims to participate in the trials of their accused abusers. The author guides the reader through this unique, controversial body of procedural and substantive rights for victims of atrocity crimes, and discusses how to qualify as Legal Counsel for Victims, and how to seek Reparations. In addition, the author provides updated caselaw and other information to reflect the ICC's current position on victim involvement and related procedure as well as text to show how these changes in the law affect ICC procedure and advocacy.


Book Synopsis Victims' Rights and Advocacy at the International Criminal Court by : T. Markus Funk

Download or read book Victims' Rights and Advocacy at the International Criminal Court written by T. Markus Funk and published by . This book was released on 2015 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since World War II, there have been some 250 conflicts throughout the world, leaving between 70-170 million atrocity crime victims. Unlike diseases or natural disasters, the injuries and tragedies of war are largely self-inflicted. Created in response to such outrages, the International Criminal Court (ICC) stands as the first and only permanent juridical body prosecuting genocide, war crimes, and crimes against humanity. Victims' Rights and Advocacy at the International Criminal Court introduces readers to the most significant restorative feature of the ICC's procedure: direct victim participation in war crime trials. Under this new model, the ICC has given victims a voice to speak out against their abusers. T. Markus Funk presents the first comprehensive guidance on this innovative dynamic, analyzing not just the procedural rules that apply, but also the practical problems in advocating for victims before the ICC. In the process, Funk provides an overview of ICC trial procedure, a candid assessment of the performance of the ICC and its predecessor tribunals, and a guide to the development of victims' rights under international law. Not only does he identify areas needing reform and reconsideration, but he also provides readers with concrete solutions. Funk, an experienced federal prosecutor and law professor who has advised prosecutors and judges at criminal tribunals as the U.S. Justice Department's Resident Legal Advisor for Kosovo, draws on that experience to suggest ways in which the ICC can improve the lot of victims of the world's worst crimes. This second edition provides a detailed analysis of the newly recognized right of victims to participate in the trials of their accused abusers. The author guides the reader through this unique, controversial body of procedural and substantive rights for victims of atrocity crimes, and discusses how to qualify as Legal Counsel for Victims, and how to seek Reparations. In addition, the author provides updated caselaw and other information to reflect the ICC's current position on victim involvement and related procedure as well as text to show how these changes in the law affect ICC procedure and advocacy.

With Justice For Some

With Justice For Some

Author: George P. Fletcher

Publisher: Basic Books (AZ)

Published: 1995-01-20

Total Pages: 328

ISBN-13:

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A powerful examination of what's wrong with our criminal justice system and what needs to be done to fix it.


Book Synopsis With Justice For Some by : George P. Fletcher

Download or read book With Justice For Some written by George P. Fletcher and published by Basic Books (AZ). This book was released on 1995-01-20 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A powerful examination of what's wrong with our criminal justice system and what needs to be done to fix it.

Rights for Victims of Crime

Rights for Victims of Crime

Author: Irvin Waller

Publisher: Rowman & Littlefield Publishers

Published: 2010-12-16

Total Pages: 234

ISBN-13: 1442207078

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When the victims of injustice lose faith in their justice system, the crime they've endured cuts only deeper, adding insult to injury. The time has come to face the truth that most victims of crime will not have their needs met and often won't experience our systems of justice as just. This short book makes its readers experts in advocating rights for victims of crime. It empowers taxpayers, voters and (potential) victims of crime to make the case to rebalance justice and support victims. Written for the millions of victims of crime and their friends and families, it helps to transform an antiquated system of criminal and civil justice into a modern system that is just and fair, shifting from neglect to respect and support. While some laws in the USA and elsewhere do support victims by providing assistance, compensation, and protection from the accused, this book also sheds a harsh light upon their inadequate implementation. Police services must catch crooks but make victims their client. Courts must balance rights for defendants and victims. Services for women, children and elderly victims must be adequately funded. Restitution from offenders must be ordered and collected, not overlooked. Fair compensation from the state must change from a secret to a given. The prevention of victimization must be the budget priority not mass incarceration. Despite the speeches and the United Nations norms, governments still leave most victims of crime without basic information, support, and assistance, let alone respect and remedies in courts. If you are not yet one of those victims of crime, social responsibility requires you to ensure that your country's systems of justice are fair to those who are and for them, this book provides an answer.


Book Synopsis Rights for Victims of Crime by : Irvin Waller

Download or read book Rights for Victims of Crime written by Irvin Waller and published by Rowman & Littlefield Publishers. This book was released on 2010-12-16 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the victims of injustice lose faith in their justice system, the crime they've endured cuts only deeper, adding insult to injury. The time has come to face the truth that most victims of crime will not have their needs met and often won't experience our systems of justice as just. This short book makes its readers experts in advocating rights for victims of crime. It empowers taxpayers, voters and (potential) victims of crime to make the case to rebalance justice and support victims. Written for the millions of victims of crime and their friends and families, it helps to transform an antiquated system of criminal and civil justice into a modern system that is just and fair, shifting from neglect to respect and support. While some laws in the USA and elsewhere do support victims by providing assistance, compensation, and protection from the accused, this book also sheds a harsh light upon their inadequate implementation. Police services must catch crooks but make victims their client. Courts must balance rights for defendants and victims. Services for women, children and elderly victims must be adequately funded. Restitution from offenders must be ordered and collected, not overlooked. Fair compensation from the state must change from a secret to a given. The prevention of victimization must be the budget priority not mass incarceration. Despite the speeches and the United Nations norms, governments still leave most victims of crime without basic information, support, and assistance, let alone respect and remedies in courts. If you are not yet one of those victims of crime, social responsibility requires you to ensure that your country's systems of justice are fair to those who are and for them, this book provides an answer.

Victims' Rights, Human Rights and Criminal Justice

Victims' Rights, Human Rights and Criminal Justice

Author: Jonathan Doak

Publisher: Bloomsbury Publishing

Published: 2008-04-29

Total Pages: 336

ISBN-13: 1847314244

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In recent times, the idea of 'victims' rights' has come to feature prominently in political, criminological and legal discourse, as well as being subject to regular media comment. The concept nevertheless remains inherently elusive, and there is still considerable ambiguity as to the origin and substance of such rights. This monograph deconstructs the nature and scope of the rights of victims of crime against the backdrop of an emerging international consensus on how victims ought to be treated and the role they ought to play. The essence of such rights is ascertained not only by surveying the plethora of international standards which deal specifically with crime victims, but also by considering the potential cross-applicability of standards relating to victims of abuse of power, with whom they have much in common. In this book Jonathan Doak considers the parameters of a number of key rights which international standards suggest victims ought to be entitled to. He then proceeds to ask whether victims are able to rely upon such rights within a domestic criminal justice system characterised by structures, processes and values which are inherently exclusionary, adversarial and punitive in nature.


Book Synopsis Victims' Rights, Human Rights and Criminal Justice by : Jonathan Doak

Download or read book Victims' Rights, Human Rights and Criminal Justice written by Jonathan Doak and published by Bloomsbury Publishing. This book was released on 2008-04-29 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent times, the idea of 'victims' rights' has come to feature prominently in political, criminological and legal discourse, as well as being subject to regular media comment. The concept nevertheless remains inherently elusive, and there is still considerable ambiguity as to the origin and substance of such rights. This monograph deconstructs the nature and scope of the rights of victims of crime against the backdrop of an emerging international consensus on how victims ought to be treated and the role they ought to play. The essence of such rights is ascertained not only by surveying the plethora of international standards which deal specifically with crime victims, but also by considering the potential cross-applicability of standards relating to victims of abuse of power, with whom they have much in common. In this book Jonathan Doak considers the parameters of a number of key rights which international standards suggest victims ought to be entitled to. He then proceeds to ask whether victims are able to rely upon such rights within a domestic criminal justice system characterised by structures, processes and values which are inherently exclusionary, adversarial and punitive in nature.

Victims' Rights and Victims' Wrongs

Victims' Rights and Victims' Wrongs

Author: Vera Bergelson

Publisher: Stanford University Press

Published: 2009-08-18

Total Pages: 248

ISBN-13: 0804772436

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"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.


Book Synopsis Victims' Rights and Victims' Wrongs by : Vera Bergelson

Download or read book Victims' Rights and Victims' Wrongs written by Vera Bergelson and published by Stanford University Press. This book was released on 2009-08-18 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.

Victimology

Victimology

Author: Lorraine Wolhuter

Publisher: Routledge

Published: 2008-07-11

Total Pages: 320

ISBN-13: 1135390622

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This new textbook examines the theoretical arguments surrounding victims before examining who the victims of crime actually are and the measures taken by the criminal justice system in order to enhance their position. Particular attention is paid to women, homosexuals, ethnic minorities and the elderly as victims and students are introduced to alternative models of victim participation in criminal proceedings within other European jurisdictions providing an enlightening comparative analysis.


Book Synopsis Victimology by : Lorraine Wolhuter

Download or read book Victimology written by Lorraine Wolhuter and published by Routledge. This book was released on 2008-07-11 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new textbook examines the theoretical arguments surrounding victims before examining who the victims of crime actually are and the measures taken by the criminal justice system in order to enhance their position. Particular attention is paid to women, homosexuals, ethnic minorities and the elderly as victims and students are introduced to alternative models of victim participation in criminal proceedings within other European jurisdictions providing an enlightening comparative analysis.

Adversarial Justice and Victims' Rights

Adversarial Justice and Victims' Rights

Author: Mary Iliadis

Publisher:

Published: 2022-04

Total Pages: 210

ISBN-13: 9780367491529

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"The rights, status and treatment of sexual assault victims has emerged as a significant 21st-century concern, occupying the forefront of legal commentary on international policy agendas. This book explores the extent to which reforms that offer victims enhanced rights to information and participation across England and Wales, Ireland and South Australia can address sexual assault victims' procedural and substantive justice concerns. Informed by the voices of 26 high-level criminal justice professionals, legal stakeholders and victim support workers, and a quantitative dataset, this book also considers whether legal representation can address some of the problems of the prosecution process for sexual assault victims in Victoria and, indeed, in other adversarial jurisdictions that employ similar legislative frameworks. While acknowledging the value of victim-focused reforms, this book contends that cultural changes to the ways in which sexual assault victims are perceived and treated are necessary in order to improve victims' experiences of the legal process. Reconceptualising the role of sexual assault victims from 'witnesses' to 'participants' will also increase the likelihood that victims' rights and interests will be considered alongside those of the state and the accused. This book situates its findings within broader debates about the role, rights and treatment of sexual assault victims in adversarial justice systems and outlines prospects for the transfer of policy and practice between jurisdictions. Adversarial Justice and Victims' Rights will interest academic and policy stakeholders engaged in criminology, law and socio-legal studies, as well as undergraduate and postgraduate students researching sexual violence and victims' access to justice"--


Book Synopsis Adversarial Justice and Victims' Rights by : Mary Iliadis

Download or read book Adversarial Justice and Victims' Rights written by Mary Iliadis and published by . This book was released on 2022-04 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The rights, status and treatment of sexual assault victims has emerged as a significant 21st-century concern, occupying the forefront of legal commentary on international policy agendas. This book explores the extent to which reforms that offer victims enhanced rights to information and participation across England and Wales, Ireland and South Australia can address sexual assault victims' procedural and substantive justice concerns. Informed by the voices of 26 high-level criminal justice professionals, legal stakeholders and victim support workers, and a quantitative dataset, this book also considers whether legal representation can address some of the problems of the prosecution process for sexual assault victims in Victoria and, indeed, in other adversarial jurisdictions that employ similar legislative frameworks. While acknowledging the value of victim-focused reforms, this book contends that cultural changes to the ways in which sexual assault victims are perceived and treated are necessary in order to improve victims' experiences of the legal process. Reconceptualising the role of sexual assault victims from 'witnesses' to 'participants' will also increase the likelihood that victims' rights and interests will be considered alongside those of the state and the accused. This book situates its findings within broader debates about the role, rights and treatment of sexual assault victims in adversarial justice systems and outlines prospects for the transfer of policy and practice between jurisdictions. Adversarial Justice and Victims' Rights will interest academic and policy stakeholders engaged in criminology, law and socio-legal studies, as well as undergraduate and postgraduate students researching sexual violence and victims' access to justice"--

Due Process and Victims' Rights

Due Process and Victims' Rights

Author: Kent Roach

Publisher: University of Toronto Press

Published: 1999-01-01

Total Pages: 414

ISBN-13: 9780802009319

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A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.


Book Synopsis Due Process and Victims' Rights by : Kent Roach

Download or read book Due Process and Victims' Rights written by Kent Roach and published by University of Toronto Press. This book was released on 1999-01-01 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical examination of the dramatic changes in criminal justice over the last two decades and the first full-length study of the law and politics of criminal justice in the era of the Charter and victims? rights.

Justice for Victims

Justice for Victims

Author: Inge Vanfraechem

Publisher: Routledge

Published: 2014-06-27

Total Pages: 427

ISBN-13: 1136207759

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Justice for Victims brings together the world’s leading scholars in the fields of study surrounding victimization in a pioneering international collection. This book focuses on the current study of victims of crime, combining both legal and social-scientific perspectives, articulating both in new directions and questioning whether victims really do have more rights in our modern world. This book offers an interdisciplinary approach, covering large-scale (political) victimization, terrorist victimization, sexual victimization and routine victimization. Split into three sections, this book provides in-depth coverage of: victims' rights, transitional justice and victims' perspectives, and trauma, resilience and justice. Victims' rights are conceptualised in the human rights framework and discussed in relation to supranational, international and regional policies. The transitional justice section covers victims of war from those caught between peace and justice, as well as post-conflict justice. The final section focuses on post-traumatic stress, connecting psychological and anthropological perceptions in analysing collective violence, mass victimization and trauma. This book addresses challenging and new issues in the field of victimology and the study of transitional and restorative justice. As such, it will be of interest to researchers, practitioners and students interested in the fields of victimology, transitional justice, restorative justice and trauma work.


Book Synopsis Justice for Victims by : Inge Vanfraechem

Download or read book Justice for Victims written by Inge Vanfraechem and published by Routledge. This book was released on 2014-06-27 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice for Victims brings together the world’s leading scholars in the fields of study surrounding victimization in a pioneering international collection. This book focuses on the current study of victims of crime, combining both legal and social-scientific perspectives, articulating both in new directions and questioning whether victims really do have more rights in our modern world. This book offers an interdisciplinary approach, covering large-scale (political) victimization, terrorist victimization, sexual victimization and routine victimization. Split into three sections, this book provides in-depth coverage of: victims' rights, transitional justice and victims' perspectives, and trauma, resilience and justice. Victims' rights are conceptualised in the human rights framework and discussed in relation to supranational, international and regional policies. The transitional justice section covers victims of war from those caught between peace and justice, as well as post-conflict justice. The final section focuses on post-traumatic stress, connecting psychological and anthropological perceptions in analysing collective violence, mass victimization and trauma. This book addresses challenging and new issues in the field of victimology and the study of transitional and restorative justice. As such, it will be of interest to researchers, practitioners and students interested in the fields of victimology, transitional justice, restorative justice and trauma work.