Victims' rights in criminal trials: prospects for participation

Doak, J ORCID: https://orcid.org/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
Record created by:	EPrints Services
Date Added:	09 Oct 2015 10:20
Last Modified:	09 Jun 2017 13:26
URI:	https://irep.ntu.ac.uk/id/eprint/11527

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