Victim participation in sentencing

2021 ◽  
pp. 27-63
Author(s):  
Rhiannon Davies ◽  
Lorana Bartels
Keyword(s):  
Victim Participation

Making sense of the victim’s role in clemency decision making

2018 ◽  
Vol 26 (1) ◽  
pp. 3-28 ◽  
Author(s):  
Daniel Pascoe ◽  
Marie Manikis
Keyword(s):  
Decision Making ◽  
Best Practice ◽  
Common Law ◽  
Limited Extent ◽  
Practice Recommendations ◽  
Making Sense ◽  
Victim Participation ◽  
Executive Clemency ◽  
Future Policy ◽  
Sound Theoretical Basis

This article discusses victim engagement with the executive clemency process from a normative perspective. The authors’ aim is to explore the existing models of victim participation in clemency decision making in common law jurisdictions, in order to determine whether these possess any sound theoretical basis. The article brings together the academic literatures on victim participation and clemency functionality in order to ground the analysis. In brief, the authors' main finding is that victim involvement in clemency decision making can indeed be supported by the theoretical literature, albeit to a more limited extent than is currently practised in some common law jurisdictions. In light of the theoretical underpinnings of clemency in democratic societies and the literature on victim participation, the authors conclude by making several ‘best practice’ recommendations for future policy-making.

scholarly journals Accessing Justice Through Victim Participation at the Khmer Rouge Tribunal

2009 ◽  
Vol 40 (2) ◽  
pp. 419 ◽  
Author(s):  
Kate Yesberg
Keyword(s):  
Healing Process ◽  
Khmer Rouge ◽  
Third Parties ◽  
Victim Participation ◽  
Khmer Rouge Regime ◽  
National Reconciliation

This article explores the role of victims in the Extraordinary Chambers in the Courts of Cambodia (ECCC) – the forum tasked with bringing leaders of the Khmer Rouge regime to justice. Victims have been afforded broad participatory rights at the ECCC, including the opportunity to be joined as third parties to the trial. These innovations must be applauded. However, the role victims can play in the wider process of national reconciliation remains under-utilised. This article suggests that victim participation can be used to increase public accessibility to the trial to ensure proceedings occupy a more positive, and prominent space in Cambodia's healing process.

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