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Victim Participation Rights - Variation Across Criminal Justice Systems (Hardcover, 1st ed. 2019)
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Victim Participation Rights - Variation Across Criminal Justice Systems (Hardcover, 1st ed. 2019)
Series: Palgrave Studies in Victims and Victimology
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This book traces victims' active participatory rights through
different procedural stages in adversarial and non-adversarial
justice systems, in an attempt to identify what role victims play
during criminal proceedings in the domestic setting. Braun analyses
countries with different legal traditions, including: the United
States, England, Wales and Australia (as examples of mostly
adversarial countries); Germany and France (as examples of
inquisitorial systems); as well as Denmark and Sweden with their
mixed inquisitorial-adversarial background. Victim Participation
Rights is distinctive in that it assesses the implementation of
formal processes and procedures concerning victim participation at
three different procedural stages: first, investigation and
pre-trial; second, trial and sentencing; and third, post-trial with
a focus on appeal and parole. In addition, Braun provides an
in-depth case study on the general position of victims in criminal
trials, especially in light of national criminal justice policy, in
Germany, a mostly inquisitorial system and Australia, a largely
adversarial system. In light of its findings, the book ponders
whether, at this stage in time, a greater focus on victim
protection rather than on active procedural rights could be more
beneficial to enhancing the overall experience of victims. In this
context, it takes a close look at the merits of introducing or
expanding legal representation schemes for victims.
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