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Enriching trial justice for crime victims in common law systems: Lessons from transitional environments

Doak, J.

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Authors

J. Doak



Abstract

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 ‘ordinary’ criminal trials within ‘settled’ 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.

Citation

Doak, J. (2015). Enriching trial justice for crime victims in common law systems: Lessons from transitional environments. International Review of Victimology, 21(2), 139-160. https://doi.org/10.1177/0269758015571469

Journal Article Type Article
Online Publication Date Mar 9, 2015
Publication Date May 1, 2015
Deposit Date Mar 9, 2015
Publicly Available Date Mar 28, 2024
Journal International Review of Victimology
Print ISSN 0269-7580
Electronic ISSN 2047-9433
Publisher SAGE Publications
Peer Reviewed Peer Reviewed
Volume 21
Issue 2
Pages 139-160
DOI https://doi.org/10.1177/0269758015571469
Keywords Participation, Reparation, Transitional justice, Trials, Victims.

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Accepted Journal Article (250 Kb)
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Copyright Statement
Doak, J. (2015) 'Enriching trial justice for crime victims in common law systems : lessons from transitional environments.', International review of victimology., 21 (2). pp. 139-160. Copyright © The Author(s) 2015. Reprinted by permission of SAGE Publications.





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