scholarly journals Victim participation rights: victims across criminal justice systems

2019 ◽  
Vol 31 (4) ◽  
pp. 525-527
Author(s):  
Tracey Booth
1994 ◽  
Vol 3 (1-2) ◽  
pp. 57-67 ◽  
Author(s):  
Matti Joutsen

The article reviews the different ways in which victims can influence the course and outcome of criminal proceedings in different European criminal justice systems. The range is from some jurisdictions (such as Greece, the Netherlands and Portugal) where the victim can appear only in the capacity as witness, to others (such as Finland) where there is a general right to prosecute. Even in the systems providing victims with the greatest opportunity for participation, the victim in practice generally leaves prosecution to the public prosecutor. The article concludes by arguing that no one system is ideal from the point of view of the victim.


2017 ◽  
Author(s):  
Masahiro Suzuki ◽  
William R Wood

Restorative justice (RJ) encompasses a widely diverging set of practices whereby those most affected by crime are encouraged to meet, to discuss the effects of harms caused by one party to another, and to agree upon the best possible redress of harms when appropriate. In its inception in the late 1970s, RJ was conceptualized and developed as an alternative to formal criminal justice practices. Since this time, however, RJ has largely moved from being an alternative to criminal justice practices to an ‘alternative’ practice within criminal justice systems. This institutionalization has resulted in the significant growth of RJ practices, but has also resulted in RJ being used for criminal justice system goals that are at odds with the needs of victims or offenders. This paper examines the use of the Youth Justice Group Conferencing Program in Victoria, Australia. Drawing from interviews with conference conveners, our research highlights problems related to administrative ‘constraints’ and ‘co-options’ in conferencing in terms of referrals, preparation of conference participants, and victim participation. Following presentation of findings, we concludewith a discussion of implications for the use of RJ within a highly institutionalized setting.


Author(s):  
Chrysanthi S. Leon ◽  
Corey S. Shdaimah

Expertise in multi-door criminal justice enables new forms of intervention within existing criminal justice systems. Expertise provides criminal justice personnel with the rationale and means to use their authority in order to carry out their existing roles for the purpose of doing (what they see as) good. In the first section, we outline theoretical frameworks derived from Gil Eyal’s sociology of expertise and Thomas Haskell’s evolution of moral sensibility. We use professional stakeholder interview data (N = 45) from our studies of three emerging and existing prostitution diversion programs as a case study to illustrate how criminal justice actors use what we define as primary, secondary, and tertiary expertise in multi-agency working groups. Actors make use of the tools at their disposal—in this case, the concept of trauma—to further personal and professional goals. As our case study demonstrates, professionals in specialized diversion programs recognize the inadequacy of criminal justice systems and believe that women who sell sex do so as a response to past harms and a lack of social, emotional, and material resources to cope with their trauma. Trauma shapes the kinds of interventions and expertise that are marshalled in response. Specialized programs create seepage that may reduce solely punitive responses and pave the way for better services. However empathetic, they do nothing to address the societal forces that are the root causes of harm and resultant trauma. This may have more to do with imagined capacities than with the objectively best approaches.


2021 ◽  
Vol 28 (1) ◽  
pp. 36-47
Author(s):  
Jacek Moskalewicz ◽  
Katarzyna Dąbrowska ◽  
Maria Dich Herold ◽  
Franca Baccaria ◽  
Sara Rolando ◽  
...  

2017 ◽  
Vol 64 (3) ◽  
pp. 191-208
Author(s):  
Mike Nellis

The term ‘digital justice’ has been used by the Scottish Government to delineate the potential of information and communication technology (ICT) in its civil, administrative and criminal justice systems. This paper concentrates on the latter area, outlining the content of the original 2014 digital justice strategy document and the subsequent Holyrood conferences used to promote it (Scottish Government, 2014). It notes gaps in the strategy, not least a failure to specify what human beings could and should be doing in digitized justice systems, and ambiguity about the endpoint of ‘full digitization’, which could be very threatening to existing forms of professional practice. It sets the policy debate in the broader context of increasing automation and the more critical literature on digitization, concluding with recommendations for a revised policy document, ideas which may be of interest outside Scotland.


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