Victims and the Criminal Trial / by Tyrone Kirchengast.

Format:

Book

Author/Creator:

Kirchengast, Tyrone., Author.

Series:

Palgrave Studies in Victims and Victimology, 2947-9363

Language:

English

Subjects (All):

Crime--Sociological aspects.

Crime.

Corrections.

Punishment.

Juvenile delinquents.

Criminal law.

Crime and Society.

Prison and Punishment.

Youth Offending and Juvenile Justice.

Criminal Law and Criminal Procedure Law.

Local Subjects:

Crime and Society.

Prison and Punishment.

Youth Offending and Juvenile Justice.

Criminal Law and Criminal Procedure Law.

Physical Description:

1 online resource (XXVII, 339 p.)

Edition:

1st ed. 2016.

Place of Publication:

London : Palgrave Macmillan UK : Imprint: Palgrave Macmillan, 2016.

Summary:

This book addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in all phases of the criminal trial, with new substantive and procedural rights, many of which may be enforced against the state or defendant. This movement to substantive rights has been contentious, and evidences a contested terrain between lawyers, defendants, policy-makers and even victims themselves. Bringing together substantial source materials from law and policy, this book sets out the rights and powers of the victim throughout the phases of the modern adversarial criminal trial. It examines the role of the victim in pre-trial processes, alternative pathways and restorative intervention, the jury trial, sentencing, appeal and parole. Preventative detention, victim registers, criminal injuries compensation and victim assistance, restitution and reparations,and extra-curial rights and declarations are examined to set out the rights of victims as they impact upon and constitute aspects of the modern criminal trial process. The adversarial criminal trial is also assessed in the context of the increased rights of victims in international law and procedure, and with reference to policy transfer between civil and common law jurisdictions. This timely and comprehensive book will be of great interest to scholars of criminology, criminal law and socio-legal studies.

Contents:

Chapter 1. Victims and the Criminal Trial Process

Chapter 2. Pre-Trial Processes: Arrest, Bail, Discovery and Prosecution Decision-Making

Chapter 3. Alternative Pathways: Restoration, Intervention and Community Justice

Chapter 4. Trial by Jury

Chapter 5. Sentencing

Chapter 6. Appeals, Punishment and Parole

Chapter 7. Compensation and Victim Assistance

Chapter 8. Extra Curial Rights, Declarations and the Rise of the Commissioner of Victim Rights

Chapter 9. Victims and Substantive and Procedural Justice.

Notes:

Includes bibliographical references and index.

ISBN:

9781137510006

1137510005