Overview

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 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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9783030045456

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Reviews

Kerstin Braun's book ... offers a much-needed overview of victim participation rights across national criminal justice systems. Braun's book is highly informative as she contrasts and compares inquisitorial, accusatorial and mixed systems. ... Braun highlights the importance of protection and victims' right to protection in the criminal justice process. (Jo-Anne Wemmers, International Review of Victimology, Vol. 25 (3), 2019)

“Victim Participation Rights: Victims across Criminal Justice Systems opens up a range of possibilities for integrating victims at all procedural stages of a criminal matter and presents a thoughtful case for expanding legal representation schemes for victims. As such, this book will be of considerable interest to scholars and policy-makers in the field.” (Tracey Booth, Current Issues in Criminal Justice, Vol. 31 (4), 2019) “Kerstin Braun’s book … offers a much-needed overview of victim participation rights across national criminal justice systems. Braun’s book is highly informative as she contrasts and compares inquisitorial, accusatorial and mixed systems. … Braun highlights the importance of protection and victims’ right to protection in the criminal justice process.” (Jo-Anne Wemmers, International Review of Victimology, Vol. 25 (3), 2019)

Author Information

Kerstin Braun is Senior Lecturer in the School of Law and Justice at the University of Southern Queensland, Australia, where she teaches criminal law and procedure. Following her studies in Muenster, Duesseldorf and Turin she was licensed to practice law in Germany in 2009. She has published widely in areas concerning comparative criminal law and victims’ rights.

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