The Use Of Victim Impact Statements In Sentencing For Sexual Offences

Author : Rhiannon Davies,Lorana Bartels
Publisher : Routledge
Page : 127 pages
File Size : 44,9 Mb
Release : 2021-03-17
Category : Law
ISBN : 9781000360882

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The Use of Victim Impact Statements in Sentencing for Sexual Offences by Rhiannon Davies,Lorana Bartels Pdf

Drawing on extensive research from Australia, this book examines the experiences of sexual offence victims who submit a victim impact statement. Victim impact statements are used in sentencing to outline the harm caused to victims. There has been little research on the impact statement experiences of sexual offence victims. This book fills this gap, examining the perspectives of six adult female victims and 15 justice professionals in Australia. This is supplemented by analysis of 100 sentencing remarks, revealing how courts use such statements in practice. This book examines victims’ experiences of preparing and submitting statements, justice professionals’ experiences of working with victims to submit statements, and the judicial use of impact statements in sentencing. It identifies an overarching lack of clarity around the purpose of impact statements, which affects the information that can be included and the way they can be used by the court. It consequently explore issues associated with balancing the expressive and instrumental purposes of such statements, and the challenges in communication between professionals and victims of crime. The findings highlight several issues with the operation of impact statement regimes. Based on these findings, the book makes recommendations to clarify such regimes, to improve communication between justice professionals and victims of crime, and to enhance the therapeutic goals of such statements. An accessible and compelling read, this book is essential reading for all those engaged with victimology, sentencing, and sexual violence.

Author : Elizabeth A. Sheehy
Publisher : University of Ottawa Press
Page : 833 pages
File Size : 41,5 Mb
Release : 2012-09-29
Category : Law
ISBN : 9780776619774

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Sexual Assault in Canada by Elizabeth A. Sheehy Pdf

Sexual Assault in Canada is the first English-language book in almost two decades to assess the state of sexual assault law and legal practice in Canada. Gathering together feminist scholars, lawyers, activists and policy-makers, it presents a picture of the difficult issues that Canadian women face when reporting and prosecuting sexual violence. The volume addresses many themes including the systematic undermining of women who have been sexually assaulted, the experiences of marginalized women, and the role of women’s activism. It explores sexual assault in various contexts, including professional sports, the doctor–patient relationship, and residential schools. And it highlights the influence of certain players in the reporting and litigation of sexual violence, including health care providers, social workers, police, lawyers and judges. Sexual Assault in Canada provides both a multi-faceted assessment of the progress of feminist reforms to Canadian sexual assault law and practice, and articulates a myriad of new ideas, proposed changes to law, and inspired activist strategies. This book was created to celebrate the tenth anniversary of Jane Doe’s remarkable legal victory against the Toronto police for sex discrimination in the policing of rape and for negligence in failing to warn her of a serial rapist. The case made legal history and motivated a new generation of feminist activists. This book honours her pioneering work by reflecting on how law, legal practice and activism have evolved over the past decade and where feminist research and reform should lead in the years to come.

Author : Tracey Booth
Publisher : Unknown
Page : 194 pages
File Size : 40,8 Mb
Release : 2015-12-21
Category : Criminal justice, Administration of
ISBN : 1760020486

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Accommodating Justice by Tracey Booth Pdf

Prominent criminologist, David Garland, has argued that VISs have led us into 'unfamiliar territory where the ideological grounds are far from clear and the old assumptions an unreliable guide'. A victim impact statement (VIS) is a highly nuanced and individual narrative that can operate as both an informational device in the sentencing process and an expressive mechanism for crime victims. From the law perspective, VISs provide the court with details of harm caused by the offence and the consequences of the offending in order to further purposes of sentencing. As an expressive mechanism, VISs offer victims the opportunity and space to express their feelings, tell their personal story of the aftermath of crime, and be heard by the court, the offender, and the wider community. Though a well-established feature of contemporary sentencing hearings (at least in superior courts) VISs remain controversial in common law jurisdictions. The 'non-legal' nature of VISs has generated uncertainty in relation to the functioning of the sentencing hearing and concerns have been raised that VISs are: inconsistent with established legal values, detrimental to the offender's entitlement to a fair hearing, detrimental to victims' wellbeing, and harmful to the integrity of the legal proceedings. Accommodating Justice: Victim Impact Statements in the Sentencing Process explores the complex territory where VISs, the law and legal institutions intersect with a focus on the requirements of fairness, most particularly in the courtroom. And it does so from multiple perspectives: courts, offenders and victims. The book draws from a range of theoretical and doctrinal sources as well as empirical studies from Australia, Canada, the United States and the United Kingdom. An ethnographic study of the performance of VISs in homicide sentencing hearings in the NSW Supreme Court woven through most chapters provides an innovative and evidence-based approach to the issues.

Author : Margaret M. Wright
Publisher : UBC Press
Page : 202 pages
File Size : 46,7 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774841146

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Judicial Decision Making in Child Sexual Abuse Cases by Margaret M. Wright Pdf

In the 1980s, Canada witnessed a public outcry over child sexual abuse cases. Elected officials sought a remedy through legal reforms. Amendments were made to the Criminal Code of Canada and sexual assault was redefined. The word "rape" was replaced with a continuum of categories intended to reflect the full range of sexually intrusive behaviours. Margaret Wright examines how the courts have dealt with child sexual abuse cases since then. She demonstrates that although the laws may have changed, their interpretation still depends on the social construction of children and on judges' own understanding of what constitutes child sexual abuse.

Author : Robert A. Carp,Kenneth L. Manning,Lisa M. Holmes
Publisher : CQ Press
Page : 460 pages
File Size : 48,8 Mb
Release : 2022-03-02
Category : Political Science
ISBN : 9781071821886

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Judicial Process in America by Robert A. Carp,Kenneth L. Manning,Lisa M. Holmes Pdf

Judicial Process in America, Twelfth Edition, by Robert Carp, Kenneth Manning, and Lisa Holmes is a market-leading and comprehensive textbook for both academic and general audiences. The book explains the link between the courts, public policy, and the political environment. Considering the courts from every level, the authors cover judges, lawyers, litigants, and the variables at play in the judicial decision-making process, the impact of those decisions on American citizens, and what the consequences are for the United States today.

Author : Anthony Bottoms,Julian Roberts
Publisher : Routledge
Page : 266 pages
File Size : 44,7 Mb
Release : 2010-03-01
Category : Social Science
ISBN : 9781317436775

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Hearing the Victim by Anthony Bottoms,Julian Roberts Pdf

In recent years far more attention has been paid to victims of crime both in terms of awareness of the effect of crime upon their lives, and in changes that have been made to the criminal justice system to improve their rights and treatment. This process seems set to continue, with legislative plans announced to rebalance the criminal justice system in favour of the victim. This latest book in the Cambridge Criminal Justice Series brings together leading authorities in the field to review the role of the victim in the criminal justice system in the context of these developments.

Author : Rowena Johns
Publisher : Unknown
Page : 84 pages
File Size : 40,7 Mb
Release : 2002
Category : Victims of crimes
ISBN : 0731317157

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Victims of Crime by Rowena Johns Pdf

Author : Stephen L. Brickey,Winnipeg Victim/Witness Advisory Board,Canada. Department of Justice
Publisher : Unknown
Page : 26 pages
File Size : 49,8 Mb
Release : 1983*
Category : Criminal justice, Administration of
ISBN : OCLC:154138368

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The Effect of Victim Impact Statements on Sentencing by Stephen L. Brickey,Winnipeg Victim/Witness Advisory Board,Canada. Department of Justice Pdf

Author : Laura L. Finley
Publisher : Bloomsbury Publishing USA
Page : 814 pages
File Size : 55,9 Mb
Release : 2016-12-05
Category : Social Science
ISBN : 9798216067849

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Crime and Punishment in America [2 volumes] by Laura L. Finley Pdf

Covering some of the most hotly contested topics in crime and criminal justice, including proposed sentencing and prison reforms, controversial developments like Stand Your Ground laws, and Supreme Court decisions, this work supplies essential background, current data, and a range of viewpoints on these important issues. Should people be able to use lethal force before retreating? What are the arguments for and against executing mentally ill inmates? Should police always need warrants to search individuals or their property? How can we best hold accountable white collar offenders? Why do men perpetrate crime at higher rates than women? This two-volume set grapples with the answers to these complex questions and many more, enabling readers to better understand current crime/punishment issues within the context of America's ever-evolving culture, economy, and politics. This multidisciplinary reference work offers a current and thorough compilation of the most important and hotly contested topics related to crime and criminal justice. Organized alphabetically, each entry presents scholarly research and authoritative sources to inform readers about the subject.

Author : Serge Brammertz,Michelle J. Jarvis
Publisher : Oxford University Press
Page : 545 pages
File Size : 52,9 Mb
Release : 2016
Category : Law
ISBN : 9780198768562

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Prosecuting Conflict-related Sexual Violence at the ICTY by Serge Brammertz,Michelle J. Jarvis Pdf

Documenting the experiences, achievements, challenges, and fundamental insights of the Office of the Prosecutor in prosecuting conflict-related sexual violence crimes at the ICTY, this volume analyses and recommends ways to overcome the obstacles faced in prioritizing, investigating and prosecuting conflict-related sexual violence crimes.

Author : Leslie Margot Walberg-Hegan
Publisher : National Library of Canada = Bibliothèque nationale du Canada
Page : 324 pages
File Size : 45,5 Mb
Release : 1997
Category : Abused women
ISBN : 0612281337

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Voices of Victims [microform] : the Experience of Preparing a Victim Impact Statement for Use in Court, as Described by Adolescent Sexual Abuse Survivors by Leslie Margot Walberg-Hegan Pdf

Author : Sungi, Simeon P.,Ouassini, Nabil
Publisher : IGI Global
Page : 322 pages
File Size : 54,8 Mb
Release : 2022-06-03
Category : Social Science
ISBN : 9781799828587

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Comparative Criminology Across Western and African Perspectives by Sungi, Simeon P.,Ouassini, Nabil Pdf

Crime prevention is essential to the success of any civilization. Effective criminal justice systems contribute greatly to the prevention of crime. However, clashing traditional and modern theories regarding appropriate action within criminal justice organizations can cause these systems to fail even when personnel is beyond reproach. Successfully blending traditional and modern theories on criminal justice can bolster justice systems and allow them to be successful. Comparative Criminology Across Western and African Perspectives is a critical scholarly publication that addresses comparative issues pertaining to empirical research and theoretical frameworks on criminology in Africa. Highlighting topics such as policing ethics, criminal theory, and victims’ rights, this book is ideal for academicians, law enforcement, victim advocates, lawmakers, correctional officers, correctional rehabilitation counselors, criminologists, researchers, policymakers, government officials, and students.

Author : South African Law Commission
Publisher : Unknown
Page : 242 pages
File Size : 49,6 Mb
Release : 2001
Category : Criminal procedure
ISBN : STANFORD:36105063152974

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Sexual Offences by South African Law Commission Pdf

Author : Graeme Brown
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 46,5 Mb
Release : 2020-05-14
Category : Law
ISBN : 9781509917594

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Sentencing Rape by Graeme Brown Pdf

This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offence, and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to film or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. By building on recent scholarship on judicial decision making in sentencing and case law – comprising over 250 decisions of the relevant appellate courts – the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences. This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.

Author : Sandra Walklate
Publisher : Routledge
Page : 546 pages
File Size : 53,7 Mb
Release : 2012-08-21
Category : Social Science
ISBN : 9781136308376

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Handbook of Victims and Victimology by Sandra Walklate Pdf

The study of criminal victimisation has developed to the stage where by victimology is now regarded as a central component to the study of crime and criminology. This focus of concern has been matched by the growth and development of support services for the victim of crime alongside increasing political concern with similar issues. The central purpose of this book is to bring together leading scholars to produce an authoritative handbook on victims and victimology that gives due consideration to these developments. It will be concerned to reflect contemporary academic, policy, and political debates on the nature, extent and impact of criminal victimisation and policy responses to it. This book provides a overview of the importance of the role of the victim in the criminal justice system, with an analysis of the different theoretical perspectives within victimology. explores the relationship between victimisation and feminism with particular focus on domestic and sexual violence. analyses criminal justice policy and service delivery in relation to victims of crime, looking at developments within the UK and international perspectives. This handbook will be fundamental reading for students and academics studying victims and victimology and an essential reference tool for those working within the victim support environment.