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Victims as agents of state accountability: a comparative and normative analysis / Marie Manikis

Oxford Scholarship Online: Law Available online

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Format:
Book
Author/Creator:
Manikis, Marie
Series:
Oxford monographs on criminal law and justice
Language:
English
Subjects (All):
Government accountability ǂz United States.
Victims of crimes ǂx Legal status, laws, etc. ǂz England.
Victims of crimes ǂx Legal status, laws, etc. ǂz Wales.
Victims of crimes ǂx Legal status, laws, etc. ǂz United States.
Criminal justice, Administration of ǂz England.
Criminal justice, Administration of ǂz Wales.
Criminal justice, Administration of ǂz United States.
Government accountability ǂz England.
Government accountability ǂz Wales.
Physical Description:
1 online resource
Place of Publication:
Oxford Oxford University Press, 2026.
Summary:
While prevailing accounts of victim participation often frame victims as holders of primarily private interests, victims in common law jurisdictions have increasingly emerged as active public participants in criminal justice systems. With a comparative focus on England and Wales and the United States, Victims as Agents of State Accountability recharacterizes victims as agents of accountability in state decision-making. Through historical, empirical, and case-based analysis, this book advances a normative framework that positions the victim's role as a civic duty, enhancing transparency, legitimacy, and substantive equality in prosecutorial decisions. Accordingly, mechanisms of state accountability are examined, such as private prosecutions, judicial review, and internal review schemes, illustrating how their potential for accountability differs depending on whether victims are recognised as advancing primarily public or private interests.
Contents:
Cover
Half Title
Series
Title Page
Copyright Page
Acknowledgements
Contents
Part I Preliminary Considerations and the Conceptualization of Victim Participation
1 Introduction
2 A Typology of Victim Participation Across Private-Public Conceptions
1. Introduction
2. Conceiving of Interests Across a Public-Private Spectrum and Within Aggregate and Unitary Theories of the Public Interest
3. A Predominantly Private Conception of the Victim Within the Wider Literature on Victim Participation
4. Edwards' Typology of Victim Participation as Predominantly Rooted Within a Private Conception
Types of participation rooted within a predominantly private conception: control, consultation, and expression
5. Expanding Edwards' Framework by Rooting Certain Types of Participation Within a Predominantly Public Conception
6. Obligations Held by Victims and State Decision-Makers Within Edwards' Typology of Victim Participation
Participatory obligations held by victims within Edwards' typology
State decision-makers and their obligations towards victims within Edwards' typology
7. Obligations Held by Victims and State Decision-Makers Within a Predominantly Public Conception and Typology of Victim Participation
Obligations held by victims within a predominantly public conception
Participative duties by type of participation
Obligations held by state criminal justice decision-makers within a predominantly public conception
8. The Relationship Between Victim Participation and Victim Rights
9. Conclusion
3 An Additional Role for Victims: Conceptualizing State Fallibilities and Accountability
2. State fallibilities within social context
Quasi-eutopias and predominant individual state failures
Quasi-dystopias and predominant state systemic failures
3. Conceptions of Accountability
Normative and descriptive conceptions
Accountability within red light and green light frameworks
Accountability tied to conceptions of interests across the public/private spectrum
Accountability by victims as bearers of predominantly private interests in a public process
Accountability by victims as bearers of predominantly public interests in a public process
Accountability understood across a substantive and procedural spectrum
4. Conclusion
Part II Comparative Perspectives: Victims as Agents of State Accountability
4 A Predominantly Public and Evolving Conception in the English Common Law Tradition
2. The Rise of State Accountability by Citizen-Victims in England and Wales
3. Victims as Citizens: Mechanisms Holding the State Predominantly Substantively Accountable in the Public Interest
Private prosecutions
The victim's accountability role rooted in the public interest
Notes:
Includes bibliographical references and index.
ISBN:
0-19-199394-8

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