1,416 research outputs found
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Victims' rights in criminal trials: prospects for participation
Victims in common law jurisdictions have traditionally been unable to participate in criminal trials for a number of structural and normative reasons. They are widely perceived as âprivate partiesâ whose role should be confined to that of witnesses; and participatory rights for such third parties are rejected as a threat to the objective and public nature of the criminal justice system. However, recent years have witnessed both a major shift in attitude in relation to the role of victims within the criminal justice system and a breakdown in the public / private divide in criminal justice discourse. This article considers the standing of the victim within the criminal trial against the backdrop of such changes, and examines the arguments for a more radical course of reform that would allow victims to actively participate in criminal hearings as they are able to do in many European jurisdictions
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Anonymous witnesses in England and Wales: charting a course from Strasbourg?
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Criminal justice in transition: the Northern Ireland context edited by Anne-Marie McAlinden and Clare Dwyer
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The victim and the criminal process: an analysis of recent trends in regional and international tribunals
This paper examines the recent trends in regional and international tribunals that relate to the position of the victim in the criminal process. Recent decisions in both the European Court of Human Rights and other international tribunals have illustrated a new and progressive attitude towards the role of the crime victim. This can be attributed, in part, to the breakdown of the public/ private divide in human rights law and the mutually expanding parameters of both human rights discourse and criminal law. It is argued here that cross-fertilisation between these disciplines, which is widely evident in current policy making and judicial decision-making, has meant that the traditional failures of human rights law and the criminal law to protect victims are being addressed - at least to some extent. A line of European and international case law has developed which suggests that victims of crime have acquired a number of enforceable substantive rights, similar to those held by victims of abuse of power. While the potential for victims to be further empowered will always be inherently limited in adversarial jurisdictions, it is none the less a welcome development that a clear trend is emerging which indicates that international policy makers and tribunals are viewing criminal justice issues in a much more holistic manner
Enriching trial justice for crime victims in common law systems: Lessons from transitional environments
The role of victims in the criminal trial has been subject to considerable critique in recent years. This article argues that scholarship and policy governing the treatment of victims and witnesses in âordinaryâ criminal trials within âsettledâ societies may be substantially enriched by drawing lessons from the roles of, and practices affecting, victims within post-conflict societies. There is a clear need for policy-makers and law reformers to look beyond the familiar spheres of the domestic criminal process if the justice system is to become more effective, just and legitimate in the eyes of both victims and the wider public. This article draws on both theory and praxis on the role of victims within transitional justice, and contends that trial justice in common law systems may be enriched through centring processes on three key themes which are commonly emphasized in transitional justice frameworks, these being: (i) truth recovery; (ii) victim participation; and (iii) reparation
The Vengeful Victim? Assessing the Attitudes of Victims Participating in Restorative Youth Conferencing
Considers the findings of research into the youth conferencing system in Northern Ireland which assessed the validity of the view that victim participation in sentencing decisions would lead to higher sentences with a greater retributive element. Outlines the victims' reasons for participating in the conference, and their descriptions of their experiences. Analyses the elements of the conference plans negotiated with the victims' participation
Simulator test to study hot-flow problems related to a gas cooled reactor
An advance study of materials, fuel injection, and hot flow problems related to the gas core nuclear rocket is reported. The first task was to test a previously constructed induction heated plasma GCNR simulator above 300 kW. A number of tests are reported operating in the range of 300 kW at 10,000 cps. A second simulator was designed but not constructed for cold-hot visualization studies using louvered walls. A third task was a paper investigation of practical uranium feed systems, including a detailed discussion of related problems. The last assignment resulted in two designs for plasma nozzle test devices that could be operated at 200 atm on hydrogen
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