Victims and International Law: Remedies in the Courtroom?
This article examines the role of victims in both international and domestic criminal trials, analysing the value or otherwise of participatory and other procedural rights for victims, and particularly questioning some attempts which purported to 'rebalance' the system in recent years which had the effect of taking rights away from the accused. In conclusion it is argued that, while it may not be self-evident at the outset, the most imperative element for victims in the criminal justice system is granting the accused a fair trial, as opposed to the scope and volume of procedural rights which have been painted as necessary to give deference to the victim's suffering in recent years. The author strongly advocates for 'service rights' for victims − this includes information, counseling, reparation, and being allowed to give their statements after a determination of guilt −as opposed to 'procedural rights,' such as participation as a party to the trial and influencing prosecutorial decision-making.
Victims' Perspectives on Restorative Justice: How Much Involvement Are Victims Looking For?
There is considerable debate among both academics and professionals about whether restorative justice offers victims a better deal than the traditional criminal justice system. Advocates of restorative justice argue that restorative justice, which focuses on reparation of the harm suffered by the victim, is undoubtedly better equipped to respond to victims' needs than contemporary criminal justice systems. Failure by victims' advocates to embrace restorative justice has been criticised as a disservice to victims. However, victims' rights advocates are wary of the possibility that restorative justice programs are insensitive to the needs of crime victims and that they will place an additional burden on victims. Who is right? Do victims want to participate in the criminal justice process and if so, how? As Fattah (2001) suggests, the only way to resolve this debate is to ask crime victims. In this paper we present data from a study of victims of crime who were invited to participate in victim—offender mediation. In addition, procedural justice theory, which offers a theoretical framework for understanding the role that victims prefer to play in criminal justice procedures, will be presented. The paper closes with recommendations for a victim-oriented approach to criminal justice.
CRIMINAL PROSECUTION FOR PRENATAL INJURY
A case of maternal assault resulted in fetomaternal hemorrhage and subsequent neonatal death, leading to a verdict of criminally negligent homicide against the assailant.