Kelly-Anne Kidston
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As a result of a number of developments—including the rise of restorative justice—victims in common-law jurisdictions now have far more input into the criminal process 🔥 Victim participatory rights are currently recognized as an important component of criminal justice proceedings 😉 Research has shown that victim participation in justice can help victims who want to be included in proceedings and that victim participation does not result in difficulties or create problems for the smooth operation of the criminal justice system 🤓 This right can be difficult to implement because it challenges established patterns in criminal justice and traditional practices. Victim participation is becoming more acceptable and can be used to infuse restorative justice into adversarial systems as legal cultures change. It is ultimately the victim’s underlying ideology and value system that determine whether they are integrated in meaningful ways into proceedings. It is possible to include victims in proceedings without resorting to adversarial criminal law. System through restorative justice schemes have worked They are useful for certain victims but not those who want to be protected by adversarial structures. [1]
Victims in trials are usually seen as having the role of witnesses. It’s not uncommon for victims to be required to testify about the events that happened, without having any choice in terms of whether or not they want to. (Edwards, 2004; Wemmers, 2017). The victim in the role of witness is obliged to disclose information. However, they might feel powerless. The judge, public prosecutor and/or defence lawyer may ask them questions that they believe they must answer. Kwesi from Milwaukee, United States edited this article last 5 weeks ago. [2]
According to new reports, the goal of this project was for a platform to exchange knowledge and collaborate in the design of resources for the education of and training of lawyers at the International Criminal Court. The Centre and ICCBA organized a training and workshop about victim participation at The Hague’s ICC on the 31 May and 01 June 2018. It’s bringing together researchers and practitioners from all walks of academia and allowed for an intellectually stimulating discussion on the impact and potential role of victim participation at the ICC. A one-day workshop was held at Oxford’s Bonavero Institute of Human Rights and Mansfield College on 4 October 2018. This workshop covered specific aspects of victim involvement, such as theoretical and jurisprudential developments regarding reparation and evidence presentation, and ethical, psychological, and practical considerations about victim testimony at the ICC. A professional publication, “Advancing Victim Participation at International Criminal Court: Bridging The Gap between Research and Practice”, was created as part of the project. It provides the latest theoretical and jurisprudential information on victim participation. This publication was officially launched by Webinar, 30/11/2020 at 14:00-15:30 CET. Shundrika Donan for bringing this information to our attention. [3]
The report was co-authored with Institute for Security Studies. It examines the domestic practise of victims participating in criminal law proceedings. It anlyzes victims’ rights to engage in criminal proceedings and in particular the extent to which a range of domestic jurisdictions provide victims with rights to play an active role. These rights could include the ability to initiate proceedings and challenge decisions to not prosecute. This report supports the states’ efforts to create and implement a framework that allows victims to participate in international crime investigation and prosecution. This report aims to be a useful reference for actors in domestic systems engaged in wider discussions on victims’ rights. Calvina Guevara has been a tremendous help in this matter. [4]
“This volume provides a comprehensive insight into the different concepts of victim representation in criminal proceedings. Comparison of models justice systems clearly shows that the victims face inequal procedural treatment. It doesn’t matter where defendants are being tried: their procedural status remains the same regardless of whether it is in Brisbane, Paris, London, Frankfurt, Chicago, or Stockholm. However, victims may find that the trial location can affect their representation. Kerstin Braun’s book is a valuable resource that offers condensed and well-selected information about why this is the case and illustrates ways forward.” (Dr Michael Kilchling, Senior Researcher, Max-Planck-Institute For Foreign And International Criminal Law, Germany) [5]
Refer to the Article
- http://criminal-justice.iresearchnet.com/forensic-psychology/victim-participation/
- https://www.unodc.org/e4j/en/crime-prevention-criminal-justice/module-11/key-issues/5–victims-and-their-participation-in-the-criminal-justice-process.html
- https://www.law.ox.ac.uk/research/advancing-impact-victim-participation-ICC-collaboration
- https://redress.org/publication/victim-participation-in-criminal-law-proceedings-survey-of-domestic-practice-for-application-to-international-crimes-prosecution/
- https://www.palgrave.com/gp/book/9783030045456
