With Justice For Some

With Justice For Some
Author: George P. Fletcher
Publisher: Basic Books (AZ)
Total Pages: 328
Release: 1995-01-20
Genre: Law
ISBN:

A powerful examination of what's wrong with our criminal justice system and what needs to be done to fix it.

Victims' Rights and Victims' Wrongs

Victims' Rights and Victims' Wrongs
Author: Vera Bergelson
Publisher: Stanford University Press
Total Pages: 248
Release: 2009-08-18
Genre: Law
ISBN: 0804772436

"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.

Justice for Victims of Crime

Justice for Victims of Crime
Author: Albin Dearing
Publisher: Springer
Total Pages: 417
Release: 2017-02-06
Genre: Law
ISBN: 3319450484

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 and Advocacy at the International Criminal Court

Victims' Rights and Advocacy at the International Criminal Court
Author: T. Markus Funk
Publisher:
Total Pages: 594
Release: 2015
Genre: History
ISBN: 0199941467

Since World War II, there have been some 250 conflicts throughout the world, leaving between 70-170 million atrocity crime victims. Unlike diseases or natural disasters, the injuries and tragedies of war are largely self-inflicted. Created in response to such outrages, the International Criminal Court (ICC) stands as the first and only permanent juridical body prosecuting genocide, war crimes, and crimes against humanity. Victims' Rights and Advocacy at the International Criminal Court introduces readers to the most significant restorative feature of the ICC's procedure: direct victim participation in war crime trials. Under this new model, the ICC has given victims a voice to speak out against their abusers. T. Markus Funk presents the first comprehensive guidance on this innovative dynamic, analyzing not just the procedural rules that apply, but also the practical problems in advocating for victims before the ICC. In the process, Funk provides an overview of ICC trial procedure, a candid assessment of the performance of the ICC and its predecessor tribunals, and a guide to the development of victims' rights under international law. Not only does he identify areas needing reform and reconsideration, but he also provides readers with concrete solutions. Funk, an experienced federal prosecutor and law professor who has advised prosecutors and judges at criminal tribunals as the U.S. Justice Department's Resident Legal Advisor for Kosovo, draws on that experience to suggest ways in which the ICC can improve the lot of victims of the world's worst crimes. This second edition provides a detailed analysis of the newly recognized right of victims to participate in the trials of their accused abusers. The author guides the reader through this unique, controversial body of procedural and substantive rights for victims of atrocity crimes, and discusses how to qualify as Legal Counsel for Victims, and how to seek Reparations. In addition, the author provides updated caselaw and other information to reflect the ICC's current position on victim involvement and related procedure as well as text to show how these changes in the law affect ICC procedure and advocacy.

Victim Advocacy in the Courtroom

Victim Advocacy in the Courtroom
Author: Mary Lay Schuster
Publisher: UPNE
Total Pages: 249
Release: 2011-07-12
Genre: Language Arts & Disciplines
ISBN: 1555537499

Provides a deeply textured view of how victims' voices are introduced and heard in courts

Controversies in Victimology

Controversies in Victimology
Author: Laura Moriarty
Publisher: Routledge
Total Pages: 189
Release: 2008-10-01
Genre: Law
ISBN: 1317523725

Controversies in Victimology features original works of noted scholars and practitioners, aiming to shed light on the debates over, the media attention on, and the psychology behind victimization. This book discusses the controversies from all sides of the debate, and attempts to reconcile the issues in order to move the field forward.