Victims Rights And Victims Wrongs

Author : Vera Bergelson
Publisher : Stanford University Press
Page : 248 pages
File Size : 41,9 Mb
Release : 2009-08-18
Category : Law
ISBN : 9780804772433

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Victims' Rights and Victims' Wrongs by Vera Bergelson Pdf

"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.

Author : George P. Fletcher
Publisher : Basic Books (AZ)
Page : 328 pages
File Size : 49,6 Mb
Release : 1995-01-20
Category : Law
ISBN : UOM:39015032227582

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With Justice For Some by George P. Fletcher Pdf

A powerful examination of what's wrong with our criminal justice system and what needs to be done to fix it.

Author : Allison Brennan
Publisher : MIRA
Page : 473 pages
File Size : 44,5 Mb
Release : 2022-04-26
Category : Fiction
ISBN : 9780369717795

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The Wrong Victim by Allison Brennan Pdf

From New York Times bestselling author Allison Brennan comes a gripping new thriller. A lethal attack with no clear motive…and a killer dead-set on keeping the truth buried. A bomb explodes on a sunset charter cruise out of Friday Harbor at the height of tourist season and kills everyone on board. Now this fishing and boating community is in shock and asking who would commit such a heinous crime—the largest act of mass murder in the history of the San Juan Islands. Was the explosion an act of domestic terrorism, or was one of the dead the primary target? That is the first question Special Agent Matt Costa, Detective Kara Quinn and the rest of the FBI team need to answer, but they have few clues and no witnesses. Accused of putting profits before people after leaking fuel endangered an environmentally sensitive preserve, the West End Charter company may itself have been the target. As Matt and his team get closer to answers, they find one of their own caught in the crosshairs of a determined killer. Don’t miss THE MISSING WITNESS, the brand-new page-turning thriller from New York Times bestselling author Allison Brennan! A Quinn & Costa Thriller Book 1: The Third to Die Book 2: Tell No Lies Book 3: The Wrong Victim Book 4: Seven Girls Gone Book 5: The Missing Witness

Author : Irvin Waller
Publisher : Rowman & Littlefield Publishers
Page : 234 pages
File Size : 43,5 Mb
Release : 2010-12-16
Category : Social Science
ISBN : 9781442207073

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Rights for Victims of Crime by Irvin Waller Pdf

When the victims of injustice lose faith in their justice system, the crime they've endured cuts only deeper, adding insult to injury. The time has come to face the truth that most victims of crime will not have their needs met and often won't experience our systems of justice as just. This short book makes its readers experts in advocating rights for victims of crime. It empowers taxpayers, voters and (potential) victims of crime to make the case to rebalance justice and support victims. Written for the millions of victims of crime and their friends and families, it helps to transform an antiquated system of criminal and civil justice into a modern system that is just and fair, shifting from neglect to respect and support. While some laws in the USA and elsewhere do support victims by providing assistance, compensation, and protection from the accused, this book also sheds a harsh light upon their inadequate implementation. Police services must catch crooks but make victims their client. Courts must balance rights for defendants and victims. Services for women, children and elderly victims must be adequately funded. Restitution from offenders must be ordered and collected, not overlooked. Fair compensation from the state must change from a secret to a given. The prevention of victimization must be the budget priority not mass incarceration. Despite the speeches and the United Nations norms, governments still leave most victims of crime without basic information, support, and assistance, let alone respect and remedies in courts. If you are not yet one of those victims of crime, social responsibility requires you to ensure that your country's systems of justice are fair to those who are and for them, this book provides an answer.

Author : Michael Vitiello
Publisher : NYU Press
Page : 256 pages
File Size : 55,9 Mb
Release : 2023-07-18
Category : Law
ISBN : 9781479820740

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The Victims’ Rights Movement by Michael Vitiello Pdf

Outlines the successes and failures of the movement to support survivors of violence The Victims’ Rights Movement (VRM) has been one of the most meaningful criminal justice reforms in the United States. Every state and the federal government has adopted major VRM laws to enact protections for victims and increase criminal sanctions, and the movement has received support from politicians of all backgrounds. Despite recognition of its excesses, the movement remains an important force in the criminal justice arena. The Victims' Rights Movement offers a measured overview of the successes and the failures of the VRM. Among its widely acknowledged accomplishments are expanded resources to help victims deal with trauma, greater sensitivity to sexual assault victims in many jurisdictions, and increased chances of victims receiving restitution from perpetrators of harm. Conversely, the movement has led to excessive punishment for many defendants and destruction of defendants’ families. It has exacerbated racial inequality in the imposition of the death penalty and criminal sentencing generally, and falsely promises “closure” to crime victims and their families. Michael Vitiello considers whether the VRM serves those injured by crime well by focusing on “victimhood.” He urges a reframing of the movement to fight for universal health care and limits on access to weapons—two policies that would reduce the number of victims and help those who do become victims of crime.

Author : T. Markus Funk
Publisher : Oxford University Press, USA
Page : 594 pages
File Size : 45,5 Mb
Release : 2015
Category : Law
ISBN : 9780199941469

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Victims' Rights and Advocacy at the International Criminal Court by T. Markus Funk Pdf

North American law has been transformed in ways unimaginable before 9/11. Laws now authorise and courts have condoned indefinite detention without charge on secret evidence, mass secret surveillance, and targeted killing of U.S. citizens, suggesting a shift in the cultural currency of a liberal form of legality to authoritarian legality. This book demonstrates that extreme measures have been consistently embraced in politics, scholarship, and public opinion in a specific belief that 9/11 was the harbinger of a new order of terror.

Author : Albin Dearing
Publisher : Springer
Page : 398 pages
File Size : 55,8 Mb
Release : 2017-02-06
Category : Law
ISBN : 9783319450483

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Justice for Victims of Crime by Albin Dearing Pdf

This book analyses the rights of crime victims within a human rights paradigm, and describes the inconsistencies resulting from attempts to introduce the procedural rights of victims within a criminal justice system that views crime as a matter between the state and the offender, and not as one involving the victim. To remedy this problem, the book calls for abandoning the concept of crime as an infringement of a state’s criminal laws and instead reinterpreting it as a violation of human rights. The state’s right to punish the offender would then be replaced by the rights of victims to see those responsible for violating their human rights convicted and punished and by the rights of offenders to be treated as accountable agents.

Author : Stephen A. Smith
Publisher : Oxford University Press
Page : 368 pages
File Size : 48,6 Mb
Release : 2019-11-12
Category : Law
ISBN : 9780191058745

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Rights, Wrongs, and Injustices by Stephen A. Smith Pdf

Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called " and " remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.

Author : Samuel H. Pillsbury
Publisher : Routledge
Page : 402 pages
File Size : 47,9 Mb
Release : 2019-01-11
Category : Social Science
ISBN : 9780429756450

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Imagining a Greater Justice by Samuel H. Pillsbury Pdf

Even for violent crime, justice should mean more than punishment. By paying close attention to the relational harms suffered by victims, this book develops a concept of relational justice for survivors, offenders and community. Relational justice looks beyond traditional rules of legal responsibility to include the social and emotional dimensions of human experience, opening the way for a more compassionate, effective and just response to crime. The book’s chapters follow a journey from victim experiences of violence to community healing from violence. Early chapters examine the relational harms inflicted by the worst wrongs, the moral responsibility of wrongdoers and common mistakes made in judging wrongdoing. Particular attention is paid here to sexual violence. The book then moves to questions of just punishment: proper sentencing by judges, mandatory sentences approved by the public, and the realities of contemporary incarceration, focusing particularly on solitary confinement and sexual violence. In its remaining chapters, the book looks at changes brought by the victims' rights movement and victim needs that current law does not, and perhaps cannot meet. It then addresses possibilities for offender change and challenges for majority America in addressing race discrimination in criminal justice. The book concludes with a look at how individuals might live out the ideals of a greater—relational—justice. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Author : Richard A. Stack
Publisher : Bloomsbury Publishing USA
Page : 320 pages
File Size : 49,8 Mb
Release : 2006-09-30
Category : Political Science
ISBN : 9780313084492

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Dead Wrong by Richard A. Stack Pdf

Attitudes toward the death penalty have changed dramatically throughout the course of history, evolving from times when public executions were occasions of solemn and pious ritual to excuses for raucous entertainment, and finally to the modern era of private, bureaucratized, mechanized, and sanitized executions that are out of sight and out of mind. Conforming thus to modern sensibilities, state-sanctioned killing is somehow more acceptable to us than public hangings would have been, because we can imagine that the inmate's death is relatively painless, and not in violation of the Eighth Amendment's prohibition against cruel and unusual punishment. This may or may not be true; Stack presents compelling arguments to the contrary. What is certain is that Dead Wrong demonstrates beyond a doubt that death row is itself a form of psychological torture and of slow, painful dehumanization. Polls indicate that 75 percent of Americans favor the death penalty—but they also show that minds change when individuals are confronted with the facts. This book was written to offer those facts-and to change those minds. The United States is alone among Western democracies in its support for capital punishment, which was only briefly abolished throughout this country between 1972 and 1976. Today, 38 states have some form of capital punishment. Yet studies show that the death penalty is not a deterrent to crime, that racial disparities in the implementation of capital punishment are rampant, and that all kinds of procedural errors, incompetent defense lawyers, and mistaken eyewitness identifications lead to an alarming number of wrongful convictions. Attitudes toward the death penalty have changed dramatically throughout the course of history, evolving from times when public executions were occasions of solemn and pious ritual to those when it was an excuse for raucous entertainment, and finally to the modern era of private, bureaucratized, mechanized, and sanitized executions conducted out of sight and out of mind. Conforming thus to modern sensibilities, state-sanctioned killing is somehow more acceptable to us than public hangings, because we can imagine that the inmate's death is relatively painless, and not in violation of the Eighth Amendment's prohibition against cruel and unusual punishment. This may or may not be true; Stack presents compelling arguments to the contrary. What is certain is that Dead Wrong demonstrates beyond a doubt that death row is itself a form of psychological torture and of slow, painful dehumanization.

Author : Mary Iliadis
Publisher : Routledge
Page : 347 pages
File Size : 40,9 Mb
Release : 2020-04-30
Category : Social Science
ISBN : 9780429536953

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Adversarial Justice and Victims' Rights by Mary Iliadis Pdf

Adversarial Justice and Victims’ Rights explores the extent to which reforms that offer victims enhanced rights to information and participation across England and Wales, Ireland and South Australia can address sexual assault victims’ procedural and substantive justice concerns. The rights, status and treatment of sexual assault victims has emerged as a significant 21st-century concern, occupying the forefront of legal commentary on international policy agendas. Informed by the voices of 26 high-level criminal justice professionals, legal stakeholders and victim support workers, and a quantitative dataset, this book considers whether legal representation can address some of the problems of the prosecution process for sexual assault victims in Victoria and, indeed, in other adversarial jurisdictions that employ similar legislative frameworks. While acknowledging the value of victim-focused reforms, the book contends that cultural changes to the ways in which sexual assault victims are perceived and treated are necessary in order to improve victims’ experiences of the legal process. Reconceptualising the role of sexual assault victims from ‘witnesses’ to ‘participants’ will also increase the likelihood that victims’ rights and interests will be considered alongside those of the state and the accused. Situating its findings within broader debates about the role, rights and treatment of sexual assault victims in adversarial justice systems, the book outlines prospects for the transfer of policy and practice between jurisdictions. Adversarial Justice and Victims’ Rights will be of great interest to academic and policy stakeholders engaged in criminology, law and socio-legal studies, as well as students researching sexual violence and victims’ access to justice.

Author : Alison Burke,David Carter,Brian Fedorek,Tiffany Morey,Lore Rutz-Burri,Shanell Sanchez
Publisher : Unknown
Page : 128 pages
File Size : 48,7 Mb
Release : 2019
Category : Electronic
ISBN : 1636350682

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SOU-CCJ230 Introduction to the American Criminal Justice System by Alison Burke,David Carter,Brian Fedorek,Tiffany Morey,Lore Rutz-Burri,Shanell Sanchez Pdf

Author : Rita Haverkamp,Ester Herlin-Karnell,Claes Lernestedt
Publisher : Bloomsbury Publishing
Page : 240 pages
File Size : 46,9 Mb
Release : 2019-01-24
Category : Law
ISBN : 9781509921539

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What is Wrong with Human Trafficking? by Rita Haverkamp,Ester Herlin-Karnell,Claes Lernestedt Pdf

The overarching objective of this volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalisation of trafficking, but also, regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. The book combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public and the media, a critical perspective such as the one pursued herewith has so far been largely absent. Against this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies in the regulation of human trafficking. The book discusses the phenomenon of human trafficking critically from various angles, giving it 'shape' and showing how it comes to life in the legal regulation.

Author : Anthony Bottoms,Julian Roberts
Publisher : Routledge
Page : 317 pages
File Size : 45,8 Mb
Release : 2010-03-01
Category : Social Science
ISBN : 9781317436782

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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 : Rob Gildert,Dennis Rothermel
Publisher : Rodopi
Page : 148 pages
File Size : 53,7 Mb
Release : 2011
Category : Philosophy
ISBN : 9789042032668

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Remembrance and Reconciliation. by Rob Gildert,Dennis Rothermel Pdf

Preliminary Material -- INTRODUCTION -- REMEMBERING THE PRESENT /Duane L. Cady -- VULNERABILITY AND BENEFICENCE: REMEMBERING THE PAST FOR THE SAKE OF PEACE /Eddy Souffrant -- HOMELAND SECURITY, FIDUCIARY CARE, AND DUTIES TO FOREIGN NATIONALS /Joseph Betz -- FORGETTING AND NOT RECONCILING HIROSHIMA /Joseph C. Kunkel -- INTRODUCTION /Dennis Rothermel -- COMPASSION AND RECONCILIATION /Robert Paul Churchill -- WHAT'S WRONG WITH VICTIMS' RIGHTS? /David Boersema -- PEDAGOGY AND PUNISHMENT: A UNITARIAN ARGUMENT FOR RESTORATIVE JUSTICE /Rob Gildert -- PERPETUAL VIOLENCE? MIMESIS AND ANAMNESIS /Andrew Fitz-Gibbon -- LANGUAGE AND RECONCILIATION /William C. Gay -- WORKS CITED -- ABOUT THE AUTHORS -- INDEX -- VIBS.