"Due Process and Victims' Rights": The New Law and Politics of
Criminal Justice critically examines dramatic changes in criminal
Justice in the last two decades. The author traces increased
concern by coups about the rights of those accused of crime and
increased concern by legislatures about the rights of crime victims
and groups such as women and children who are disproportionately
subject to some crimes. Roach armies that these new concerns have
transformed debates about criminal justice. He examines numerous
new political cases in which due process and victims' rights have
clashed and concludes that in most cases, victims' rights claims
have ultimately prevailed. He concludes that the future of criminal
justice will depend on whether victims' rights continue to develop
in a punitive fashion or whether they inspire increased emphasis on
crime prevention and restorative justice.
This book is the first Fall-length study of the changing law and
politics of criminal justice in the era of the Charter and victims'
rights. It examines changing discourse in the courts, legislatures
and the media, and the role of women, young people, various
minorities, Aboriginal people and crime victims in criminal justice
reform. It builds new models of criminal justice based on victims'
rights as alternatives to Herbert Packer's famous due process and
crime controls models of the criminal process. It also contributes
to scholarship about the Canadian Charter of Rights and Freedoms by
examining many of the most important Charter cases decided by the
Supreme Court and their reception in the media and Parliament. It
engages criminology literature about the growth of a risk society
in which the risk ofcrime is more easily calculated and controlled
and draws upon writings concerning restorative justice and
Aboriginal justice.
This text is one of the most valuable contributions to
intelligent discussion of Canadian criminal law to appear for the
past thirty years. Legal and criminology students and scholars will
be the primary audience for this work, but it will also offer some
interest among judges and practitioners. As a compendium of key
legal decisions, and the dominant critical works of the era, it
will be a valuable resource for both groups.
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