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Victim Participation Post Trial: Appeals and Early Release

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Part of the book series: Palgrave Studies in Victims and Victimology ((PSVV))

Abstract

While the right to be heard during the trial and sentencing stage may be particularly important to victims, their interests can continue to be affected once verdict and sentence have been finalised. For example, where victims feel their rights during pretrial or trial have not been complied with or errors have been made during proceedings they may have an interest in being able to appeal or participate in appeals of these decisions. In addition, in all jurisdictions analysed, mechanisms exist allowing perpetrators who are sentenced to a term of imprisonment to seek early release under certain circumstances in order to serve the remainder of their sentence in the community. Early release into the community may affect victims’ safety interests given that encounters between victims and offenders become more likely. Victims may therefore have an interest in early-release decisions including the terms of such release. This chapter examines victims’ participatory rights in the context of the post-trial stage in relation to appeals and early-release proceedings. It forms the last of the three chapters in this volume providing in-depth analysis of victim participation at specific trial stages in selected jurisdictions with different legal traditions.

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References

Cases

  • Bundesverfassungsgericht, BverfG 9 October 2007 – 2 BvR 1671/07.

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  • Doe v. United States, 666 F. 2d. 43 (4th Cir. 1981) (US).

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  • Kenna v. United States District Court, 435 F.3d 1011 (9th Cir. 2006) (US).

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  • Oberlandesgericht Frankfurt, OLG Frankfurt, 25 July 1995 – 1 Ws 120, StV 1995, 594.

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  • United States v. Laraneta, 700 F.3d 983 (7th Cir. 2012).

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Authors and Affiliations

Authors

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Correspondence to Kerstin Braun .

Legislation and Related Sources

Legislation and Related Sources

Administration of Justice Act (Denmark), Retsplejeloven

Code de Procédure Pénale (France), Code of Criminal Procedure

Code of Practice for Victims of Crime (UK) 2013

Conditional Sentence Act (Sweden)

Corrections Act1997 (Tas)

Corrections Act 1986 (Vic)

Corrective Services Act 2006 (Qld)

Crime (Sentence Administration) Act 2005 (ACT)

Criminal Appeal Act 1912 (NSW)

Criminal Justice and Court Services Act 2000 (UK)

Crime Victims’ Rights Act 2004 (US)

Director of Public Prosecution Guidelines (NSW) (version of 1 June 2007)

Rättegångsbalken(Sweden), Code of Judicial Procedure

Strafprozessordnung (Germany), Code of Criminal Procedure

Victims Charter Act 2006 (Vic)

Victims of Crime Act 2001 (SA)

Victims’ Rights and Support Act (NSW) 2013.

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Braun, K. (2019). Victim Participation Post Trial: Appeals and Early Release. In: Victim Participation Rights. Palgrave Studies in Victims and Victimology. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-04546-3_6

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  • DOI: https://doi.org/10.1007/978-3-030-04546-3_6

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  • Publisher Name: Palgrave Macmillan, Cham

  • Print ISBN: 978-3-030-04545-6

  • Online ISBN: 978-3-030-04546-3

  • eBook Packages: Law and CriminologyLaw and Criminology (R0)

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