基本説明
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.
Full Description
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.
Contents
1 The Evolution of Victims' Rights I. The Victim through History Shifting Ideologies: The Political State II. The Rebirth of the Victim Victims in Contemporary Criminal Justice Policy: The Realisation of Rights? III. The Normative Basis for Victims' Rights Defining 'Victims' Defining 'Rights' The International Perspective IV. Victims' Rights and the Adversarial Process 2 The Right to Protection I. Protection from Victimisation Positive Obligations: The Duty to Protect Life Ramifications for Domestic Practice II. Secondary Victimisation The Nature and Extent of the Problem International Standards Domestic Practice Discussion IV. Conclusions 3 The Right to Participation I. Prosecution and Pre-Trial Processes Influencing Prosecutorial Decisions Private Prosecutions Preparing for Trial II. The Trial Process Participation within the Adversarial Context III. Sentencing The International Perspective Domestic Practice IV. Conclusions 4 The Right to Justice I. International Standards International Human Rights Law Progressing the Concept II. The Right to a Remedy in the Domestic Legal Order Victims of Non-State Crime III. A Right to Truth? International Developments Truth in the Adversarial System The Trial The Verdict Summary IV. Conclusions 5 The Right To Reparation I. Reparation as an International Standard The Origins of Reparation in International Law Reparation in Human Rights Law Lessons from International Criminal Law Discussion II. Realising Reparation in the Criminal Justice System State Compensation Reparation from the Offender III. Rethinking Reparation IV. Conclusions 6 A Place For Victims' Rights? I. Victims' Rights and Adversarial Justice The Nature of Victims' Rights The Inherent Limits of Adversarial Justice Summary II. Alternative Approaches Restorative Justice The Inquisitorial Approach III. Looking to the Future Reforming the Adversarial Paradigm
