Victims' Rights, Human Rights and Criminal Justice

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Release : 2008-04-29
Genre : Law
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Book Rating : 244/5 ( reviews)

Victims' Rights, Human Rights and Criminal Justice - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Victims' Rights, Human Rights and Criminal Justice write by Jonathan Doak. This book was released on 2008-04-29. Victims' Rights, Human Rights and Criminal Justice available in PDF, EPUB and Kindle. In recent times, the idea of 'victims' rights' has come to feature prominently in political, criminological and legal discourse, as well as being subject to regular media comment. The concept nevertheless remains inherently elusive, and there is still considerable ambiguity as to the origin and substance of such rights. This monograph deconstructs the nature and scope of the rights of victims of crime against the backdrop of an emerging international consensus on how victims ought to be treated and the role they ought to play. The essence of such rights is ascertained not only by surveying the plethora of international standards which deal specifically with crime victims, but also by considering the potential cross-applicability of standards relating to victims of abuse of power, with whom they have much in common. In this book Jonathan Doak considers the parameters of a number of key rights which international standards suggest victims ought to be entitled to. He then proceeds to ask whether victims are able to rely upon such rights within a domestic criminal justice system characterised by structures, processes and values which are inherently exclusionary, adversarial and punitive in nature.

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations

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Release : 2013-02-05
Genre : Law
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Book Rating : 167/5 ( reviews)

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations write by Juan Carlos Ochoa S.. This book was released on 2013-02-05. The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations available in PDF, EPUB and Kindle. The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations addresses a question of critical importance to policy-makers, international lawyers, academics, and affected societies throughout the world: Should victims of serious human rights violations be granted under international law the rights of access to and participation in criminal proceedings before international, hybrid and domestic tribunals? Juan Carlos Ochoa applies a thorough analysis of international and comparative domestic law and practice to this question, taking into account a host of international human rights instruments and case law, the theory, law and practice of international and hybrid criminal tribunals, the law and practice in several domestic jurisdictions, and many theoretical and empirical studies. After first determining the current state of, and emerging trends in, international law in this area, he argues that the lack of recognition of these rights under customary international law is inadequate, because access to and participation in criminal proceedings for victims of these infringements are based on several internationally recognised human rights and principles, contribute to the expressivist objectives of these procedures, and are consistent with the principles that inform the enforcement of criminal law in democratic States. On this basis, Ochoa convincingly suggests concrete reforms.

The Right to The Truth in International Law

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Release : 2019-07-26
Genre : Law
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Book Rating : 082/5 ( reviews)

The Right to The Truth in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Right to The Truth in International Law write by Melanie Klinkner. This book was released on 2019-07-26. The Right to The Truth in International Law available in PDF, EPUB and Kindle. The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

Justice for Victims of Crime

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Release : 2017-02-06
Genre : Law
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Book Rating : 484/5 ( reviews)

Justice for Victims of Crime - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Justice for Victims of Crime write by Albin Dearing. This book was released on 2017-02-06. Justice for Victims of Crime available in PDF, EPUB and Kindle. 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.

Human Rights and the Criminal Justice System

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Release : 2014-09-15
Genre : Law
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Book Rating : 431/5 ( reviews)

Human Rights and the Criminal Justice System - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Human Rights and the Criminal Justice System write by Anthony Amatrudo. This book was released on 2014-09-15. Human Rights and the Criminal Justice System available in PDF, EPUB and Kindle. We now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the Criminal Justice System provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in Criminology, Law and Political Science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.