Victim Participation in Proceedings and Sentencing in Europe

1994 ◽  
Vol 3 (1-2) ◽  
pp. 57-67 ◽  
Author(s):  
Matti Joutsen
Keyword(s):  
Criminal Justice ◽  
The Netherlands ◽  
Point Of View ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
The Public ◽  
Criminal Justice Systems ◽  
Victim Participation ◽  
Justice Systems

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.

Public prosecutors in the Chinese criminal trial – courtroom discourse from the prosecution perspective

2016 ◽  
Vol 1 (2) ◽  
Author(s):  
Xin Fu
Keyword(s):  
Criminal Justice ◽  
Research Data ◽  
Criminal Proceedings ◽  
Case File ◽  
Republic Of China ◽  
The Public ◽  
Procedural Law ◽  
Criminal Justice Systems ◽  
Research Findings ◽  
Potential Impact

AbstractThe prosecutor is an influential party in criminal justice systems, and this is true also of China. But most literature on China concentrates on the trial and criminal defence with comparatively little attention paid to the prosecution perspective. In this article, I make use of research data collected through courtroom observations, case file analysis and interviews when the Criminal Procedural Law of the People’s Republic of China (hereinafter the “CPL 1996”) was still effective. Given that the CPL 1996 was revised in 2012, I updated the research data in early 2016. This paper focuses on the public prosecutors’ performance in the courtroom at the various stages of the process such as the courtroom investigation – production, examination and cross-examination of prosecution evidence, and courtroom debate; it analyzes both prosecution language and skills, and the court’s judgment. The paper also discusses the potential impact of the CPL 2012 on criminal prosecutions. The research findings show that prosecutors performed their responsibilities in the criminal proceedings whatever methods of questioning the defendant and evidence production are used; prosecutors tried their best to achieve the goal of conviction even with weak cases; and the decisions of the court mostly reflected the decisions of the procuratorate.

scholarly journals Converging Criminal Justice Systems: Guilty Pleas and the Public Interest

1997 ◽  
Vol 31 (1-3) ◽  
pp. 169-182 ◽  
Author(s):  
Abraham S. Goldstein
Keyword(s):  
Criminal Justice ◽  
Public Interest ◽  
Criminal Procedure ◽  
Legal Systems ◽  
Prosecutorial Discretion ◽  
The Public ◽  
Formal Systems ◽  
Criminal Justice Systems ◽  
Justice Systems

It is becoming increasingly apparent to criminal justice scholars that single theory models of criminal procedure — whether termed inquisitorial or adversarial — are being stretched beyond their capacity by the phenomena they are designed to control. Virtually everywhere, formal systems of charge and adjudication cannot possibly be enforced in accordance with the premises underlying them. There are simply too many offenses, too many offenders and too few resources to deal with them all. One result has been a steady movement towards a convergence of legal systems — towards borrowing from others those institutions and practices that offer some hope of relief.In this transnational effort to cope with system overload, two issues have emerged as more than ordinarily significant: The first is the desirability of abandoning the principle of obligatory prosecution, so common in Continental Europe, and turning instead to the exercise of prosecutorial discretion. The second is the question whether the ban on guilty pleas and plea bargains should be lifted, as in adversarial systems.

scholarly journals Victims and international criminal justice: a vexed question?

2008 ◽  
Vol 90 (870) ◽  
pp. 441-459 ◽  
Author(s):  
Mina Rauschenbach ◽  
Damien Scalia
Keyword(s):  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
International Criminal Justice ◽  
International Level ◽  
International Regime ◽  
Criminal Proceedings ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
Vexed Question

AbstractDespite the growing attention being paid to “victims” in the framework of criminal proceedings, this attention does not seem to be meeting their needs under either national criminal justice systems or the international regime. In the latter, the difficulties encountered by the victims are aggravated by factors specifically arising from the prosecution and punishment of mass crimes at international level. This has prompted the authors to point out that the prime purpose of criminal law is to convict or acquit the accused, and to suggest that the task of attending to the victims should perhaps be left to other entities.

Terrorist Speech and the Criminal Law – A Comparative Analysis

2017 ◽  
Vol 25 (3) ◽  
pp. 230-259 ◽  
Author(s):  
Johannes Keiler
Keyword(s):  
Comparative Analysis ◽  
Criminal Justice ◽  
The Netherlands ◽  
Criminal Law ◽  
Critical Analysis ◽  
Vantage Point ◽  
Criminal Justice Systems ◽  
Justice Systems ◽  
Legal Frameworks

This article examines the ways that the criminal justice systems of England and the Netherlands deal with terrorist speech in the form of direct and indirect incitement to terrorism. This contribution commences with a discussion of the conditions under which the criminalisation of terrorist speech is justified. That discussion identifies criteria that must be satisfied if liability for terrorist speech is to be justified. The specific English and Dutch legal frameworks for addressing terrorist speech are then assessed in light of those criteria. This comparison provides the vantage point for a critical analysis of the merits and defects of terrorist speech offences. This contribution ends by identifying and discussing doctrinal elements that must be considered in order to ensure compliance with fundamental principles of criminal law and to prevent over-criminalisation.

scholarly journals Pelaksanaan Proses Peradilan Dan Pemenuhan Hak Dalam Perlindungan Hukum Bagi Anak ( Menurut UU No. 11 Tahun 2012 )

2020 ◽  
Vol 24 (1) ◽  
pp. 21-40
Author(s):  
Muhammad Surya Adi Wibowo
Keyword(s):  
Criminal Justice ◽  
Public Prosecutor ◽  
Judicial Process ◽  
Face To Face ◽  
The Public ◽  
Knowledge Of God ◽  
Criminal Justice Systems ◽  
Legal Adviser ◽  
Law Enforcement Officials ◽  
Judicial Proceedings

  The purpose of this study is to find how the judicial proceedings for violations of the proven to have committed a criminal justice and criminal justice be face to face with the process , and what of sanctions and the protection laws will be provided to hak-hak children according to statute number 11 years 2012 about the criminal justice systems . By using the method of juridical normative , hence writers can conclude: 1 .The judicial process given to children is: trial should be done behind closed doors and decisions are openly to the public , investigators , the public prosecutor , the judge and legal adviser in conducting its function as law enforcement officials by not using dress uniform or bertoga; single presided over by a magistrate a trial, The judge spirit keeps the matter hidden blast of judgment and by the son was of a judge that are specially emphasised in the program of a justice of the woman who man having knowledge of god on the issue on psychiatric; the implementation of the son of due to go on trial the match will be held on the day there is a special levy; in the process of the trial the children must be accompanied by central on the part of parents .Was not allowed to be was covered by the reporters before those who surrender decisions which are carried out by the prosecutor and judges , have to being read the report a social worker who had been given authority and a court of law to scrutinize the conduct and the condition of residents such a child . 2. Protection laws against children s rights had received the very criminal according to a system and criminal justice , as for him who is the son of in the hour of the detention and placed in an institution the deployment of the son of while ( LPKS ) and institutions for the special building the son of ( LPKA ) , the kid for cancer and asked to undergo an incident in which she prior to taking over leadership of nought of the fulfilment of rudimentary living in the treatment of health and human services by the officers , have been able to take education and training as well as coaching and provide assistance , and in conjunction with adequate in accordance with the regulations statute .

Protectors’ Accountability

2020 ◽  
pp. 63-84
Author(s):  
Crime Coverage
Keyword(s):  
Criminal Justice ◽  
The Netherlands ◽  
National Socialist ◽  
Accountability Systems ◽  
The Public ◽  
Criminal Justice Systems ◽  
The Press ◽  
News Organizations ◽  
Press Councils ◽  
The Right

The makeup of the press councils in Germany, Sweden, and the Netherlands, and their accountability systems, are described. News organizations in Protector countries earn trust, at least in part, by acknowledging that the public has the right to a voice in how news is produced and presented. The nature and effects of story frames are discussed. The coverage of the years-long trial in Germany of the National Socialist Underground (NSU) members accused of killing immigrants is explored for what it says about immigration and mainstream media’s handling of it. This chapter considers how globalization and immigration threaten both the posture of criminal justice systems and the protective press practices that reflect and reinforce those policies. Using the works of Emmanuel Levinas and James Carey, this chapter explores the ethical grounds for policy in these countries and consider the comparative work about prisons and attitudes toward crime by Michael Tondry and his colleagues.

Conceptualising the Victim in England and Wales and the United States within a Spectrum of Public and Private Interests

2020 ◽  
Author(s):  
Marie Manikis
Keyword(s):  
United States ◽  
Criminal Justice ◽  
The United States ◽  
Public And Private ◽  
England And Wales ◽  
The Public ◽  
Private Interests ◽  
Criminal Justice Systems ◽  
Private And Public ◽  
Justice Systems

Abstract The conception of the victim in criminal justice systems has changed across history and legal systems. A framework that considers the private and public along a spectrum and offers nuances between private and public interests illuminates the ways victims have been conceived within mechanisms of participation in various criminal justice systems and the ways they can oscillate and have oscillated within these categories. This article argues that in England and Wales, victims have been conceived as citizens with both private and predominantly public roles and interests, while in the United States, they have been conceptualised as actors that hold predominantly private interests. Nuances within mechanisms of victim participation that challenge the rigidity of the public/private divide within those jurisdictions are accounted for and discussed.

scholarly journals Criminal justice as a production line: ASAP and the managerialization of criminal justice in the Netherlands

2019 ◽  
Vol 17 (6) ◽  
pp. 826-844 ◽  
Author(s):  
Renze Salet ◽  
Jan Terpstra
Keyword(s):  
Criminal Justice ◽  
The Netherlands ◽  
Production Line ◽  
High Volume ◽  
Work Processes ◽  
Managerial Values ◽  
The Public ◽  
Policy Goals ◽  
Criminal Justice Systems ◽  
The One

Since the 1990s criminal justice systems in West European countries have increasingly been affected by the process of managerialization. The managerialization of criminal justice may result in fundamental tensions between different sets of values: efficiency and cost-effectiveness against values such as the rule of law or careful decision-making. This article concentrates on one example of the managerialization of criminal justice: the policy programme ASAP (As Soon As Possible) in the Netherlands, aimed at making the settlement of cases of high-volume petty crime both faster and more efficient. The introduction of ASAP has resulted in a strong standardization of work processes and strict time limits, for both the police and the public prosecution service. In this article we analyse how ASAP operates in practice and to what degree the policy goals of ASAP are realized. This analysis shows that the introduction of ASAP has transformed an important part of the Dutch criminal justice system into an assembly or production line. This example of the managerialization of criminal justice has resulted in important tensions between, on the one hand, managerial values and, on the other, the values of occupational (legal) professionalism.

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