Victims' rights in criminal trials: prospects for participation

Doak, J ORCID: 0000-0002-3793-2819, 2005. Victims' rights in criminal trials: prospects for participation. Journal of Law and Society, 32 (2), pp. 294-316.

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Abstract

Victims in common law jurisdictions have traditionally been unable to participate in criminal trials for a number of structural and normative reasons. They are widely perceived as ‘private parties’ whose role should be confined to that of witnesses; and participatory rights for such third parties are rejected as a threat to the objective and public nature of the criminal justice system. However, recent years have witnessed both a major shift in attitude in relation to the role of victims within the criminal justice system and a breakdown in the public / private divide in criminal justice discourse. This article considers the standing of the victim within the criminal trial against the backdrop of such changes, and examines the arguments for a more radical course of reform that would allow victims to actively participate in criminal hearings as they are able to do in many European jurisdictions.

Item Type: Journal article
Description: Published in DOAK, J., 2005. Victims' rights in criminal trials: prospects for participation. Journal of Law and Society, 32 (2), pp. 294-316
Publication Title: Journal of Law and Society
Creators: Doak, J.
Publisher: Wiley-VCH Verlag
Place of Publication: Berlin
Date: 2005
Volume: 32
Number: 2
Rights: Copyright © 2005 John Wiley & Sons, Inc.
Divisions: Schools > Nottingham Law School
Depositing User: EPrints Services
Date Added: 09 Oct 2015 10:20
Last Modified: 09 Jun 2017 13:26
URI: http://irep.ntu.ac.uk/id/eprint/11527

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