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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.

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.

The Victims’ Rights Movement

Author: Michael Vitiello

Publisher: NYU Press

Published: 2023-07-18

Total Pages: 256

ISBN-13: 1479820741

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Outlines the successes and failures of the movement to support survivors of violence The Victims’ Rights Movement (VRM) has been one of the most meaningful criminal justice reforms in the United States. Every state and the federal government has adopted major VRM laws to enact protections for victims and increase criminal sanctions, and the movement has received support from politicians of all backgrounds. Despite recognition of its excesses, the movement remains an important force in the criminal justice arena. The Victims' Rights Movement offers a measured overview of the successes and the failures of the VRM. Among its widely acknowledged accomplishments are expanded resources to help victims deal with trauma, greater sensitivity to sexual assault victims in many jurisdictions, and increased chances of victims receiving restitution from perpetrators of harm. Conversely, the movement has led to excessive punishment for many defendants and destruction of defendants’ families. It has exacerbated racial inequality in the imposition of the death penalty and criminal sentencing generally, and falsely promises “closure” to crime victims and their families. Michael Vitiello considers whether the VRM serves those injured by crime well by focusing on “victimhood.” He urges a reframing of the movement to fight for universal health care and limits on access to weapons—two policies that would reduce the number of victims and help those who do become victims of crime.

Book Synopsis The Victims’ Rights Movement by : Michael Vitiello

Download or read book The Victims’ Rights Movement written by Michael Vitiello and published by NYU Press. This book was released on 2023-07-18 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Outlines the successes and failures of the movement to support survivors of violence The Victims’ Rights Movement (VRM) has been one of the most meaningful criminal justice reforms in the United States. Every state and the federal government has adopted major VRM laws to enact protections for victims and increase criminal sanctions, and the movement has received support from politicians of all backgrounds. Despite recognition of its excesses, the movement remains an important force in the criminal justice arena. The Victims' Rights Movement offers a measured overview of the successes and the failures of the VRM. Among its widely acknowledged accomplishments are expanded resources to help victims deal with trauma, greater sensitivity to sexual assault victims in many jurisdictions, and increased chances of victims receiving restitution from perpetrators of harm. Conversely, the movement has led to excessive punishment for many defendants and destruction of defendants’ families. It has exacerbated racial inequality in the imposition of the death penalty and criminal sentencing generally, and falsely promises “closure” to crime victims and their families. Michael Vitiello considers whether the VRM serves those injured by crime well by focusing on “victimhood.” He urges a reframing of the movement to fight for universal health care and limits on access to weapons—two policies that would reduce the number of victims and help those who do become victims of crime.

The Wrong Victim

Author: Allison Brennan

Publisher: MIRA

Published: 2022-04-26

Total Pages: 473

ISBN-13: 0369717791

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From New York Times bestselling author Allison Brennan comes a gripping new thriller. A lethal attack with no clear motive…and a killer dead-set on keeping the truth buried. A bomb explodes on a sunset charter cruise out of Friday Harbor at the height of tourist season and kills everyone on board. Now this fishing and boating community is in shock and asking who would commit such a heinous crime—the largest act of mass murder in the history of the San Juan Islands. Was the explosion an act of domestic terrorism, or was one of the dead the primary target? That is the first question Special Agent Matt Costa, Detective Kara Quinn and the rest of the FBI team need to answer, but they have few clues and no witnesses. Accused of putting profits before people after leaking fuel endangered an environmentally sensitive preserve, the West End Charter company may itself have been the target. As Matt and his team get closer to answers, they find one of their own caught in the crosshairs of a determined killer. Don’t miss THE MISSING WITNESS, the brand-new page-turning thriller from New York Times bestselling author Allison Brennan! A Quinn & Costa Thriller Book 1: The Third to Die Book 2: Tell No Lies Book 3: The Wrong Victim Book 4: Seven Girls Gone Book 5: The Missing Witness

Book Synopsis The Wrong Victim by : Allison Brennan

Download or read book The Wrong Victim written by Allison Brennan and published by MIRA. This book was released on 2022-04-26 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: From New York Times bestselling author Allison Brennan comes a gripping new thriller. A lethal attack with no clear motive…and a killer dead-set on keeping the truth buried. A bomb explodes on a sunset charter cruise out of Friday Harbor at the height of tourist season and kills everyone on board. Now this fishing and boating community is in shock and asking who would commit such a heinous crime—the largest act of mass murder in the history of the San Juan Islands. Was the explosion an act of domestic terrorism, or was one of the dead the primary target? That is the first question Special Agent Matt Costa, Detective Kara Quinn and the rest of the FBI team need to answer, but they have few clues and no witnesses. Accused of putting profits before people after leaking fuel endangered an environmentally sensitive preserve, the West End Charter company may itself have been the target. As Matt and his team get closer to answers, they find one of their own caught in the crosshairs of a determined killer. Don’t miss THE MISSING WITNESS, the brand-new page-turning thriller from New York Times bestselling author Allison Brennan! A Quinn & Costa Thriller Book 1: The Third to Die Book 2: Tell No Lies Book 3: The Wrong Victim Book 4: Seven Girls Gone Book 5: The Missing Witness

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.

SOU-CCJ230 Introduction to the American Criminal Justice System

Author: Alison Burke

Publisher:

Published: 2019

Total Pages:

ISBN-13: 9781636350684

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Book Synopsis SOU-CCJ230 Introduction to the American Criminal Justice System by : Alison Burke

Download or read book SOU-CCJ230 Introduction to the American Criminal Justice System written by Alison Burke and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Victims in the War on Crime

Author: Markus Dirk Dubber

Publisher: NYU Press

Published: 2006-01-01

Total Pages: 399

ISBN-13: 0814771416

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Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons. Victims in the War on Crime is the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging revision that takes victims seriously, and offenders as well. Dubber here salvages the project of vindicating victims' rights for its own sake, rather than as a weapon in the war against criminals. Uncovering the legitimate core of the victims' rights movement from underneath existing layers of bellicose rhetoric, he demonstrates how victims' rights can help us build a system of American criminal justice after the frenzy of the war on crime has died down.

Book Synopsis Victims in the War on Crime by : Markus Dirk Dubber

Download or read book Victims in the War on Crime written by Markus Dirk Dubber and published by NYU Press. This book was released on 2006-01-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two phenomena have shaped American criminal law for the past thirty years: the war on crime and the victims' rights movement. As incapacitation has replaced rehabilitation as the dominant ideology of punishment, reflecting a shift from an identification with defendants to an identification with victims, the war on crime has victimized offenders and victims alike. What we need instead, Dubber argues, is a system which adequately recognizes both victims and defendants as persons. Victims in the War on Crime is the first book to provide a critical analysis of the role of victims in the criminal justice system as a whole. It also breaks new ground in focusing not only on the victims of crime, but also on those of the war on victimless crime. After first offering an original critique of the American penal system in the age of the crime war, Dubber undertakes an incisive comparative reading of American criminal law and the law of crime victim compensation, culminating in a wide-ranging revision that takes victims seriously, and offenders as well. Dubber here salvages the project of vindicating victims' rights for its own sake, rather than as a weapon in the war against criminals. Uncovering the legitimate core of the victims' rights movement from underneath existing layers of bellicose rhetoric, he demonstrates how victims' rights can help us build a system of American criminal justice after the frenzy of the war on crime has died down.

Victims' Rights and Advocacy at the International Criminal Court

Author: T. Markus Funk

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 594

ISBN-13: 0199941467

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North American law has been transformed in ways unimaginable before 9/11. Laws now authorise and courts have condoned indefinite detention without charge on secret evidence, mass secret surveillance, and targeted killing of U.S. citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. This book demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion in a specific belief that 9/11 was the harbinger of a new order of terror.

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 Oxford University Press, USA. This book was released on 2015 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: North American law has been transformed in ways unimaginable before 9/11. Laws now authorise and courts have condoned indefinite detention without charge on secret evidence, mass secret surveillance, and targeted killing of U.S. citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. This book demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion in a specific belief that 9/11 was the harbinger of a new order of terror.

Justice for Victims of Crime

Author: Albin Dearing

Publisher: Springer

Published: 2017-02-06

Total Pages: 398

ISBN-13: 3319450484

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This book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state’s criminal laws and instead reinterpreting it as a violation of human rights. The state’s right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.

Book Synopsis Justice for Victims of Crime by : Albin Dearing

Download or read book Justice for Victims of Crime written by Albin Dearing and published by Springer. This book was released on 2017-02-06 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state’s criminal laws and instead reinterpreting it as a violation of human rights. The state’s right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.

Rights, Wrongs, and Injustices

Author: Stephen A. Smith

Publisher: Oxford University Press

Published: 2019-11-12

Total Pages: 368

ISBN-13: 0191058742

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Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.

Book Synopsis Rights, Wrongs, and Injustices by : Stephen A. Smith

Download or read book Rights, Wrongs, and Injustices written by Stephen A. Smith and published by Oxford University Press. This book was released on 2019-11-12 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.