Friday, August 23, 2019
Tyrone Kirchengast (The University of Sydney Law School) has posted Enforceable Rights for Victims of Crime in Adversarial Justice (Revista de Victimologia / Journal of Victimology, 3, 11-42) on SSRN. Here is the abstract:
The response to calls for the better integration of victims into systems of criminal justice has resulted in a range of innovative programs and pilots seeking to reposition the victim. However, crime victims have tended to be managed away from the criminal trial into alternative pathways to justice in order to meet this policy directive. While innovation can be found at the periphery of criminal law and justice, through restorative justice, problem-solving and intervention programs that complement or work alongside normative trial processes, the twenty-first century is witness to the emergence of victim rights and powers that aff ect trial process in more direct ways. This paper explores the emergence of enforceable rights for victims of crime that impact on normative trial processes in an adversarial context. It does this by considering new powers for victims that impact on decisions made in the pre-trial, trial and sentencing phases of the criminal trial, in addition to extra-crucial powers that lie beyond any one phase of the trial.