scholarly journals Reporting rape: Victim perspectives on advocacy support in the criminal justice process

2016 ◽  
Vol 17 (2) ◽  
pp. 209-225 ◽  
Author(s):  
Oona Brooks ◽  
Michele Burman
Keyword(s):  
Criminal Justice ◽  
Research Evidence ◽  
Rape Victim ◽  
Victim Advocacy ◽  
False Dichotomy ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Societal Level ◽  
Criminal Justice Response

Concerns about the criminal justice response to rape have prompted the development of victim advocacy services across a range of jurisdictions, yet research evidence about the nature, meaning and value of advocacy remains limited. This article draws upon a study evaluating an innovative advocacy model introduced in Scotland to assist reporting rape to the police. Findings from interviews with nine victims highlight the importance of advocacy that is independent of statutory and criminal justice agencies. However, it is argued that this does not mitigate the need for specialization or reform in the criminal justice response to rape and, further, that the distinction between advocacy at an individual and societal level represents a false dichotomy.

scholarly journals Want a Better Criminal Justice Response to Rape? Improve Police Interviews With Complainants and Suspects

2016 ◽  
Vol 22 (14) ◽  
pp. 1748-1769 ◽  
Author(s):  
Nina J. Westera ◽  
Mark R. Kebbell ◽  
Becky Milne
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Quality Of Information ◽  
Police Interviews ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Effective Decision ◽  
Effective Decision Making ◽  
Criminal Justice Response

Achieving just outcomes in rape cases is difficult, but there are ways we can improve the investigation and prosecution of these crimes, now. We outline how targeting variables, within control of the criminal justice system, can improve the quality of information police obtain from interviews with complainants and suspects. We explore how, by preserving these accounts on video, the criminal justice process can better use this information to improve effective decision making from investigation through to criminal trial through to prevention.

The Agreement of Uncontroversial Evidence and the Presumption of Innocence: An Insoluble Dilemma?

2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff
Keyword(s):  
Criminal Justice ◽  
Criminal Trial ◽  
Presumption Of Innocence ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Creation ◽  
The Relationship

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.

scholarly journals Perlindungan Hukum Terhadap Korban Tindak Pidana Pencurian Ditinjau Dari Kajian Victimlogi (Studi Putusan No : 20/Pid.B/2017/PN. Mdn)

2020 ◽  
Vol 2 (1) ◽  
pp. 41-50
Author(s):  
Jhovindo Sitorus ◽  
Rizkan Zulyadi ◽  
Wessy Trisna
Keyword(s):  
Criminal Justice ◽  
Research Method ◽  
Protection Agency ◽  
Theory Of Justice ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Victim Protection ◽  
Article 5

Protection against victims of theft is a protection according to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, all efforts are to fulfill rights and provide assistance to provide security to victims that must be carried out by the Witness and Victim Protection Agency (LPSK) or other institutions according to criteria. This protection is given at all stages of the criminal justice process within the judicial environment. The following are the rights of victims and witnesses in Law Number 13 of 2006 concerning Protection of Witnesses and Victims Article 5. The research method in this paper is a normative method that collects library data. The results and discussion of this study is about the protection of victims of theft based on the decision number: 20 / Pid.B / 2017 / PN. Mdn, based on the principle or theory of justice is not fair because there is no restitution or compensation to the victim, and the judge's consideration is to pay attention to things that are lightening and burdensome and pay attention to the absence of justification and forgiveness reasons for imposing a criminal sentence in the form of imprisonment for 2 years against the perpetrators.

scholarly journals Risk Refraction: Thoughts on the Victim-Survivor’s Risk Journey through the Criminal Justice Process

2021 ◽  
Vol 10 (3) ◽  
pp. 177-190
Author(s):  
Charlotte Barlow ◽  
Sandra Walklate ◽  
Kelly Johnson
Keyword(s):  
Risk Assessment ◽  
Criminal Justice ◽  
Complexity Theory ◽  
Partner Violence ◽  
Intimate Partner ◽  
Assessment Practices ◽  
Front Line ◽  
Complex Interplay ◽  
Justice Process ◽  
Criminal Justice Process

The limits of inter-agency understandings of risk in the context of intimate partner violence are well documented. Informed by Hester’s (2011) ‘three planet’ analogy and using empirical data in one police force area in the south of England, this paper offers an exploration of intra-agency operations, focusing on police risk assessment practices. Exploring the policing risk lens and the victim-survivor journey together, findings highlight police operate with at least three risk assessment moments (call hander, front-line and Safeguarding Hub) and point to the tensions that result when failing to centralise victim-survivors’ own assessment of their risk. Using complexity theory, this paper examines the complex interplay of risk that occurs when the victim-survivor risk journey intersects with the policing aspect of the criminal justice process.

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