Victims Rights Human Rights And Criminal Justice
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Victims Rights Human Rights And Criminal Justice
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Author : Jonathan Doak
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-04-29
Victims Rights Human Rights And Criminal Justice written by Jonathan Doak and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-29 with Law categories.
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.
Victims Rights Human Rights And Criminal Justice
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Author : Jonathan Doak
language : en
Publisher:
Release Date : 2008
Victims Rights Human Rights And Criminal Justice written by Jonathan Doak and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Criminal justice, Administration of categories.
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.
The Right To The Truth In International Law
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Author : Melanie Klinkner
language : en
Publisher: Routledge
Release Date : 2019-07-26
The Right To The Truth In International Law written by Melanie Klinkner and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-26 with Law categories.
The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.
The Rights Of Victims In Criminal Justice Proceedings For Serious Human Rights Violations
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Author : Juan Carlos Ochoa S.
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2013-02-05
The Rights Of Victims In Criminal Justice Proceedings For Serious Human Rights Violations written by Juan Carlos Ochoa S. and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-02-05 with Law categories.
The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.
Justice For Victims Of Crime
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Author : Albin Dearing
language : en
Publisher: Springer
Release Date : 2017-02-06
Justice For Victims Of Crime written by Albin Dearing and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-06 with Law categories.
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.
Victims Rights In Flux Criminal Justice Reform In Colombia
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Author : Astrid Liliana Sánchez-Mejía
language : en
Publisher: Springer
Release Date : 2017-07-13
Victims Rights In Flux Criminal Justice Reform In Colombia written by Astrid Liliana Sánchez-Mejía and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-13 with Law categories.
Contributing to the literature on comparative criminal procedure and Latin American law, this book examines the effects of adversarial criminal justice reforms on victim’s rights by specifically analyzing the Colombian criminal justice reform of the early 2000s. This research focuses on the production, interpretation, and implementation of rules and institutions by exploring how different actors have employed the concept of victims and victims’ rights to promote their agendas in the context of criminal justice reforms. It also analyzes how the goals of these agendas have interplayed in practice. By the early 2000s, it seemed that the Colombian criminal justice system was headed towards a process characterized by broader victim participation, primarily because of the doctrine of the Constitutional Court on victims’ rights. But in 2002, the Colombian Attorney General promoted a more adversarial criminal justice reform. This book argues that this reform represented a sudden and unpredicted reversal of the Constitutional Court’s doctrine on victim participation, even though one of the central justifications for the reform was the need to satisfy human rights standards and adhere to the jurisprudence of the Constitutional Court on victims’ rights. In the criminal justice reform of the early 2000s and its subsequent modifications, the promotion of a dichotomous interpretation of the adversarial model—which conceived the criminal process as a competition between prosecution and defense—served to limit victim participation. This study examines how conceptions of victims’ rights emerged out of the struggles between different and at times competing agendas. In the Colombian process of reform, victims’ rights have been invoked both as a justification for criminal sanctions and as an explanation for crime prevention and restorative justice. After assessing quantitative and qualitative data, this book concludes that punitive approaches to victims’ rights have prevailed over restorative justice perspectives. Furthermore, it argues that punitiveness in the criminal justice system has not resulted in more protection for victims. Ultimately, this research reveals that the adversarial criminal justice reform of the early 2000s has not substantially improved the protection of victims’ rights in Colombia.
Human Rights And Victimology
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Author : V. V. Devasia
language : en
Publisher:
Release Date : 1998
Human Rights And Victimology written by V. V. Devasia and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Human rights categories.
With reference to India.
Justice For Victims
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Author : Inge Vanfraechem
language : en
Publisher: Routledge
Release Date : 2014-06-27
Justice For Victims written by Inge Vanfraechem and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-27 with Social Science categories.
Justice for Victims brings together the world’s leading scholars in the fields of study surrounding victimization in a pioneering international collection. This book focuses on the current study of victims of crime, combining both legal and social-scientific perspectives, articulating both in new directions and questioning whether victims really do have more rights in our modern world. This book offers an interdisciplinary approach, covering large-scale (political) victimization, terrorist victimization, sexual victimization and routine victimization. Split into three sections, this book provides in-depth coverage of: victims' rights, transitional justice and victims' perspectives, and trauma, resilience and justice. Victims' rights are conceptualised in the human rights framework and discussed in relation to supranational, international and regional policies. The transitional justice section covers victims of war from those caught between peace and justice, as well as post-conflict justice. The final section focuses on post-traumatic stress, connecting psychological and anthropological perceptions in analysing collective violence, mass victimization and trauma. This book addresses challenging and new issues in the field of victimology and the study of transitional and restorative justice. As such, it will be of interest to researchers, practitioners and students interested in the fields of victimology, transitional justice, restorative justice and trauma work.
Victimology
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Author : Lorraine Wolhuter
language : en
Publisher: Routledge
Release Date : 2008-07-11
Victimology written by Lorraine Wolhuter and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-11 with Law categories.
How should the needs of victims of crime be met by the criminal justice system? Have the rights of victims been neglected in order to ensure that a defendant is brought to 'justice'? Who are the victims of crime and why are they targeted? This new book examines the theoretical arguments concerning victimization before examining who victims actually are and the measures taken by the criminal justice system to enhance their position. Particular attention is paid to the victimization of women, LGBT persons, minority ethnic persons and the elderly. The book engages in a detailed exposition of the law’s response to such victimization, focusing on the measures adopted in international human rights law, by the Council of Europe, and in English law and policy. It also assesses alternative models of victim participation in criminal proceedings in European jurisdictions such as Germany, Sweden and the Netherlands. Adopting an interdisciplinary approach which encompasses law, criminology and social policy, the book is ideal for undergraduates taking an option in victimology, race and crime, or gender and crime, whatever their disciplinary background.
Mixed Results
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Author : Alison Parker
language : en
Publisher: Human Rights Watch
Release Date : 2008
Mixed Results written by Alison Parker and has been published by Human Rights Watch this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
International standards on the rights and interests of the victims of crime -- International consensus on crime victims' rights and interests -- Crime victims' rights in US domestic law -- US adherence to international standards on the rights and interests of crime victims -- Recommendations -- Acknowledgements.