The Position of the Victim in Criminal Procedure — Results of a German Study

Kury, Helmut; Kaiser, Michael; Teske, Raymond H. C.

doi:10.1177/026975809400300205

Cited by 10 publications

(3 citation statements)

References 5 publications

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“…Professional knowledge is a major driver for effective and successful implementation of victims’ rights laws, and the lack of it causes significant drawbacks. Criminal justice professionals are criticized for lacking adequate knowledge about victims’ rights, resulting in their inability to advise victims of their rights properly (Kury et al, 1994). Subsequently, victims get less information, not adequately notified and inability to access the rights they are entitled to by law (Wemmers, 1995).…”

Section: Victims’ Rights Implementation Issuesmentioning

confidence: 99%

Victims’ role in the criminal justice system

Boateng

Abess

2017

International Journal of Police Science & Management

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In theory, crime victims have several rights and privileges—ranging from the rights to be heard to the right to confer with the prosecution. However, they are still considered as the forgotten individuals in the system because of underlying issues associated with the implementation of victims’ rights laws. Today, most states do not have any effective mechanisms of implementing legislation guaranteeing the rights of victims. The primary purpose of this article is to offer a comparative assessment of victims’ rights legislation in USA and to discuss some of the issues inherent in the implementation of these laws. Issues such as the lack of professional knowledge, the lack of enforcement mechanisms, strict eligibility criteria for compensation, varying definitions of victim across jurisdictions, and the limited scope of most crime victim legislation are discussed. The article also discusses ways to address the issues identified.

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Section: Victims’ Rights Implementation Issuesmentioning

confidence: 99%

Victims’ role in the criminal justice system

Boateng

Abess

2017

International Journal of Police Science & Management

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“…The judge has the power to review the prosecutor's file and the relevant evidence. On finding sufficient grounds for prosecution, the judge may order the prosecutor to file charges (Fionda, 1995;Kury, Kaiser, & Teske, 1994).…”

Section: Complete Elimination Of Private Prosecutionmentioning

confidence: 99%

Exploring the Origins of Public Prosecution

2008

International Criminal Justice Review

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Public prosecution is an indispensable feature of the modern day administration of criminal justice. Public prosecution as we know it today, however, is a product of long evolution. Historically, pursuit of crime was a private affair and there was no official involvement in criminal prosecution. This article explores the development of criminal prosecution in England, on the European continent, and in America. The first part of the article traces the evolution of modes of accusation in England and on the European continent. The second part of the article focuses on the development of prosecution in America from the colonial days until the formation of the modern American prosecutorial system. The article highlights the historical events that contributed to the evolution and transition of modes of prosecution and analyzes the impact of different historical, cultural, and political values on the shaping of the present prosecutorial systems in Europe and in America.

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“…However, very little of the restructuring of the criminal law, criminal procedure, and corrections according to victim interests had been put into practice. Such a reassessment of the balance of power between offender, victim, and society had not failed due to lacking approval by the population but rather due to opposition by the criminal justice system, which is still strongly rooted in the traditional offender-oriented criminal law, criminal procedure, and corrections (Kury, Kaiser, & Teske, 1994;Sessar, 1995).…”

Section: Constitutional Rights Of Victimsmentioning

confidence: 99%

Victimological Developments in the World during the Past Three Decades: A Study of Comparative Victimology–Part 2

Schneider¹

2001

Int J Offender Ther Comp Criminol

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During the past three decades, 10 international symposia on victimology have taken place in different parts of the world. This article presents in two parts a comprehensive overview of the discussion results of these symposia and of the most important literature contributions to criminological victimization research over the past three decades. In the first part of the report, the risk and causes of victimization are discussed. In this second part of the article, the deliberation of damage suffered by the victims-the negative psychical and social effectsis emphasized. Damage suffered by the indirect victim (covictim) is highlighted. The significance of the victim-offender sequence is mitigated to a certain extent. As far as recidivist victimization is concerned, the model of the victim career is developed. The constitutional and procedural legal rights of the victims and potential victims are elucidated.

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The Position of the Victim in Criminal Procedure — Results of a German Study

Cited by 10 publications

References 5 publications

Victims’ role in the criminal justice system

Victims’ role in the criminal justice system

Exploring the Origins of Public Prosecution

Victimological Developments in the World during the Past Three Decades: A Study of Comparative Victimology–Part 2

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