Victims and the sentencing process: developing participatory rights?

Doak, J. ORCID: 0000-0002-3793-2819, Henham, R. ORCID: 0000-0002-5631-0214 and Mitchell, B., 2009. Victims and the sentencing process: developing participatory rights? Legal Studies, 29 (4), pp. 651-677.

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Abstract

Recent years have seen a number of developments pertaining to the notion that victims should be afforded a ‘voice’ in the criminal justice system. The theoretical and structural parameters of the adversarial system are not, however, conducive to exercising such a role. For many, conferring procedural rights on victims jeopardises the due process rights of the accused, as well as the public nature of the criminal justice system. In light of the recent decision to roll out the ‘Victims' Focus Scheme’ across England and Wales, this paper explores a number of issues of principle that arise – not least the deeper policy implications of an apparent re-alignment of the normative parameters of the criminal justice system to incorporate the private interests of third parties.

Item Type: Journal article
Description: The definitive version is available at www3.interscience.wiley.com
Publication Title: Legal Studies
Creators: Doak, J., Henham, R. and Mitchell, B.
Publisher: Wiley-Blackwell
Date: 2009
Volume: 29
Number: 4
Identifiers:
NumberType
10.1111/j.1748-121X.2009.00134.xDOI
Rights: Copyright 2009 John Wiley & Sons, Inc. All Rights Reserved.
Divisions: Schools > Nottingham Law School
Depositing User: EPrints Services
Date Added: 09 Oct 2015 10:31
Last Modified: 09 Jun 2017 13:32
URI: http://irep.ntu.ac.uk/id/eprint/14290

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