Victims' Rights and Victims' Wrongs

Victims' Rights and Victims' Wrongs

Author: Vera Bergelson

Publisher: Stanford University Press

Published: 2009-08-18

Total Pages: 248

ISBN-13: 0804772436

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"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.


With Justice For Some

With Justice For Some

Author: George P. Fletcher

Publisher: Basic Books (AZ)

Published: 1995-01-20

Total Pages: 328

ISBN-13:

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


Second Wounds

Second Wounds

Author: Carrie A. Rentschler

Publisher: Duke University Press

Published: 2011-03-25

Total Pages: 292

ISBN-13: 0822349493

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Analyzes how the U.S. victims rights movement has expanded the concept of victimhood to include family members and others close to the direct victims of violent crime.


The Wrong Victim

The Wrong Victim

Author: Allison Brennan

Publisher: MIRA

Published: 2022-04-26

Total Pages: 473

ISBN-13: 0369717791

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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


Imagining a Greater Justice

Imagining a Greater Justice

Author: Samuel H. Pillsbury

Publisher: Routledge

Published: 2019-01-11

Total Pages: 416

ISBN-13: 0429756453

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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.


Rights for Victims of Crime

Rights for Victims of Crime

Author: Irvin Waller

Publisher:

Published: 2011

Total Pages: 0

ISBN-13: 9781442207066

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Criticizes the balance of justice in the American justice system, discussing the rights and implementation of the rights granted to victims of crime, and describing ways to improve the system and better support victims with assistance, compensation, and protection from the accused.


Rights, Wrongs, and Injustices

Rights, Wrongs, and Injustices

Author: Stephen A. Smith

Publisher: Oxford University Press

Published: 2019-11-07

Total Pages: 568

ISBN-13: 0191058750

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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 “legal” and “equitable” 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.


Implementation of Rights for Crime Victims in Theory and Practice

Implementation of Rights for Crime Victims in Theory and Practice

Author: Anupama Sharma

Publisher: Taylor & Francis

Published: 2024-09-05

Total Pages: 215

ISBN-13: 1040131174

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There are many different ways in which victims’ rights can be implemented. The implementation pattern may vary depending on the type of rights a jurisdiction offers and the purposes it seeks to achieve via these rights. However, there are a few basic aspects that remain common to the variation in the implementation patterns across jurisdictions. This book provides a theoretical and practical overview of such implementation patterns, their features and underlying differences. It presents theoretical models capturing the different types of implementations of victims’ rights and the purposes that they can achieve. The book also offers a framework comprising the essential aspects involved in implementation of rights such as drafting and presentation, their visibility and accessibility to victims, enforcement of rights in case of breach, and assessment and evaluation of rights to ensure constant monitoring and improvement in implementation. The framework is tested by a sample case study in New Delhi, India, which showcases how the framework can be molded and applied to assess the existing implementation of victims’ rights and the scope for reform. The book will be of interest to those working in the areas of criminal justice, criminal procedure, victimology and human rights.


International and Transnational Crime and Justice

International and Transnational Crime and Justice

Author: Mangai Natarajan

Publisher: Cambridge University Press

Published: 2019-06-13

Total Pages: 583

ISBN-13: 110849787X

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Provides a key textbook on the nature of international and transnational crimes and the delivery of justice for crime control and prevention.