Abstract
Adversarial criminal justice system is designed to accommodate only two parties, the prosecution and the defendant, in the combative atmosphere of its trial process. The victim has no right of audience other than as witness for the prosecution. The involvement of victims as active participants in the exclusionary adversarial criminal justice system continue to attract debates among scholars. Whereas some favour the involvement because of its cathartic value for victims others oppose it on ground of the dislocation this might bring to the system and the threat to the defendants’ rights. Although, there have been significant victim reforms in some advanced jurisdictions creating some forms of rights for the victim, the rights remain unenforceable internally of the criminal justice process but externally of it through some administrative mechanisms. This paper reviews the position of some of the scholars on the foregoing, the various models of the system that have been constructed by scholars to accommodate victims and the emerging rights for victims. The position of this paper is that for the rights so far created for victims of crime to be truly beneficial, the so-called rights should be enforceable internally of the system with the necessary safeguards for the existing rights of offenders.
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References
[1] Ashworth A, ‘Victims’ Rights, Defendants’ Rights and Criminal Procedure’ in Crawford A and Goodey J (eds), Integrating a Victim Perspective within Criminal Justice: International debates, (Ashgate, Dartmouth 2000)
[2] Ashworth A, ‘Victim Impact Statement and Sentencing’ (1993) 7 Crim L R 498
[3] Beloof D E, ‘The Third Model of Criminal Process: The Victim Participation model’ (1999) 2 Utah Law Review 289
[4] Booth T and Carrington K, ‘A Comparative Analysis of the Victim Policies across the Anglo-Speaking World’ in Walklate S (ed), Handbook of Victims and Victimology (Routledge, London 2011)
[5] Cavadino M and Dignan J, ‘Reparation, Retribution and Rights’ (1997) 4 International Review of Victimology 233–253
[6] Dignan J and Cavadino M, ‘Towards a Framework for Conceptualising and Evaluating Models of Criminal Justice from A Victim’s Perspective’ (1996) 4 International Review of Victimology 158–182
[7] Doak J, Victims’ Rights, Human Rights and Criminal Justice: Reconceiving the Role of Third Parties (Hart Publishing 2008)
[8] Erez E, ‘Integrating a Victim Perspective in Criminal Justice Through Impact Statements’ in Crawford A and Goodey J (eds), Integrating a Victim Perspective within Criminal Justice: International debates, (Ashgate, Dartmouth 2000)
[9] Griffiths J, ‘Ideology in Criminal Procedure or A Third “Model” of the Criminal Process’ (1970) 79 Yale Law Journal 359
[10] Hall M, Victims and Policy Making: A Comparative Perspective (William Publishing, Abingdon 2010)
[11] Hall M, ‘The relationship between victims and prosecutors: defending victims' rights?’ [2010]1 Crm LR 31
[12] Hall M, Victims of Crime: Policy and Practice in criminal justice (Routledge, London 2012)
[13] Ibidapo-Obe A, A Synthesis of African Law (Concept Publications Limited, Lagos 2005)
[14] Kelly D P and Erez E, ‘Victim Participation in the Criminal Justice system’ in Davis R C, Lurigio A J and Skogan W G (eds), Victims of Crime (2nd edn Sage Publications 1997)
[15] McCarthy C, ‘Victim Redress and International Criminal Justice: Competing Paradigms, or Compatible Forms of Justice?’ (2012) 10 Journal of International Criminal Justice 351–372
[16] Packer H L, The Limits of the criminal sanction (Stanford University Press, Stanford California 1968)
[17] Reeves H and Mulley K, ‘The New Status of Victims in the UK: Opportunities and Threats’ in Crawford A and Goodey J (eds), Integrating a Victim Perspective within Criminal Justice: International debates (Ashgate, Dartmouth 2000)
[18] Roach K, Due Process and Victims’ Rights: The New law and Politics of Criminal Justice, (University of Toronto Press 1999)
[19] Sanders A, ‘Victim Participation in an Exclusionary Criminal Justice’ in Hoyle C and Young R (eds), New Vision of Crime Victim (Hart Publishing 2002)
[20] Sanders A and Jones I, ‘The Victim in Court’ in Walklate S (ed), Handbook of Victims and Victimology (Routledge, London 2011)
[21] Sanders A, Young R and Burton M, Criminal Justice (4th edn Oxford, Oxford 2010)
[22] Sebba L, ‘The Victim’s Role in the Penal Process: A Theoretical Orientation’ (1982) 30 Am J Comp L 217
[23] Williams B, Victims of Crime and Community Justice (Jessica Kingsley Publishers 2005)
[24] Wright M, Justice for Victims and Offenders (2nd edn Waterside Press, Winchester 1996)
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Yahya Duro Uthman Hambali, LL.M. (London), is a Deputy Director (Academics) at the Nigerian Law School. Mr Hambali was a former head, Department of Litigation at the Nigerian Law School, Yenagoa campus, Bayelsa state, Nigeria. He is currently a final year research student at the Institute of Criminology and Criminal Justice, School of Law, Queen’s University Belfast, Northern Ireland, United Kingdom.
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Hambali, Y. Finding Voice for Victims of Crime in the Adversarial Criminal Justice System. GSTF J Law Soc Sci 4, 15 (2015). https://doi.org/10.7603/s40741-014-0015-0
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DOI: https://doi.org/10.7603/s40741-014-0015-0