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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.
Most discourses on victims in international criminal justice take the subject of victims for granted, as an identity and category existing exogenously to the judicial process. This book takes a different approach. Through a close reading of the institutional practices of one particular court, it demonstrates how court practices produce the subjectivity of the victim, a subjectivity that is profoundly of law and endogenous to the enterprise of international criminal justice. Furthermore, by situating these figurations within the larger aspirations of the court, the book shows how victims have come to constitute and represent the link between international criminal law and the enterprise of transitional justice. The book takes as its primary example the Extraordinary Chambers in the Courts of Cambodia (ECCC), or the Khmer Rouge Tribunal as it is also called. Focusing on the representation of victims in crimes against humanity, victim participation and photographic images, the book engages with a range of debates and scholarship in law, feminist theory and cultural legal theory. Furthermore, by paying attention to a broader range of institutional practices, Figuring Victims makes an innovative scholarly contribution to the debates on the roles and purposes of international criminal justice.
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.
Recent years have seen a heightened awareness of the plight of victims of crime and their neglect by the traditional criminal justice system. Many jurisdictions have adopted a "Bill of Rights" for the victim; public funds have been established to compensate victims; courts have been enjoined to order offenders to make restitution; welfare agencies have developed programs to provide victims with assistance; and courts are inviting victims to testify at the sentencing hearings of their offenders. These reforms have been accompanied by a growing body of literature. What has been lacking until now is an overview that looks at their philosophical underpinnings and considers how these different proposals are conceptually related to one another and to other prevailing criminal justice doctrines and ideologies. Leslie Sebba fills this gap in Third Parties. Sebba first establishes a set of criteria by which to evaluate reforms by identifying the parameters of an optimal criminal justice system. From this perspective, he then discusses individual victim-related reforms. What emerges most clearly from Sebba's timely and encyclopedic work is the need to rethink many of the issues involved. The first book-length study of its kind, this volume is recommended reading for policy makers in the field of victim reform and is essential for scholars and students in victimology, victims and the criminal justice system, the sociology of law, criminal justice policy, and law and social policy. Leslie Sebba is professor of criminology on the faculty of law at the Hebrew University of Jerusalem. He is the coauthor of "Rehabilitation as Punishment: The Treatment of Drug-Addict Offenders" and "Punishment under the "Service Work" Law: An Evaluation" and the co-editor of "Criminology in Perspective: Essays in Honor of Israel Drapkin." He is one of the founding editors of "The International Review of Victimology."
"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.
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.
This year more than 20 million Americans will become victims of crime. Very few will get the help they need to get their lives back on track. Parallel Justice for Victims of Crime presents a new approach, designed to help victims rebuild their lives now being piloted from Vermont to California by police chiefs, prosecutors, corrections officials, victim advocates and community leaders. Drawing on more than 30 years of criminal justice experience, including almost 8 years as executive director of the National Center for Victims of Crime, author Susan Herman explains why justice for all requires more than holding offenders accountable it means addressing victims' three basic needs: to be safe, to recover from the trauma of the crime, and regain control of their lives. With guiding principles and practical examples of how to respond to victims of any kind of crime, Parallel Justice for Victims of Crime provides a roadmap for everyone who wants to pursue this new vision of justice.