Abstract
Victims’ right to participate in their cases—to hear and be heard—has gained formal recognition in both common law and continental legal cultures over the past two decades. Paradoxically, even as victims’ rights are acknowledged, their participation in the judicial process is increasingly circumscribed due to the proliferation of abbreviated and efficiency oriented judicial procedures. Focusing on this paradox, this Article uncovers and analyzes the level of victims’ participation in an era of convergence and transformation of legal cultures and traditions. By exploring new ways to conceptualize the role of victims within contemporary criminal legal systems, this Article explores various and creative paths to enhance victims’ participation in an era characterized by the vanishing trial and a multi-door criminal justice system.
Original language | English |
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Pages (from-to) | 511-572 |
Number of pages | 62 |
Journal | Connecticut Law Review |
State | Published - 8 Feb 2024 |
Keywords
- crime victims
- victims' rights
- victims' participation
- European criminal law
- Anglo-American criminal law
- Multi-door criminal justice
- comparative law
- criminal justice
- criminal law