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Record Nr. |
UNINA9910337826803321 |
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Autore |
Braun Kerstin |
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Titolo |
Victim participation rights : variation across criminal justice systems / / by Kerstin Braun |
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Pubbl/distr/stampa |
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Cham : , : Springer International Publishing : , : Imprint : Palgrave Macmillan, , 2019 |
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ISBN |
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Edizione |
[1st ed. 2019.] |
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Descrizione fisica |
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1 online resource (xvi, 296 pages) : illustrations |
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Collana |
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Palgrave studies in victims and victimology. |
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Disciplina |
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Soggetti |
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Victimology |
Human rights |
Criminology |
Trials |
Criminal law |
Social justice |
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Lingua di pubblicazione |
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Formato |
Materiale a stampa |
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Livello bibliografico |
Monografia |
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Nota di bibliografia |
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Includes bibliographical references and index. |
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Nota di contenuto |
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1. Victim Participation in Criminal Procedure: An Introduction -- 2. Victim Participation: A Historic Overview -- 3. Victim Perspectives and Criminal Justice -- 4. Victim Participation: Investigation and Pre-trial Decisions -- 5. Victim Participation: The Trial and Sentencing Process -- 6. Victim Participation Post Trial: Appeals and Early Release -- 7. Limits of Victim Participation in Adversarial and Non-adversarial Systems-a Case Study of Germany and Australia -- 8. Victim Participation: An Enhanced Focus on Legal Representation For Victims -- 9. Victim Participation: Review and Conclusions. |
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Sommario/riassunto |
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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 |
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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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