Victims' Rights, Human Rights and Criminal Justice

Dr Jonathan Doak is a Reader in Law at Nottingham Law School, Nottingham Trent University

This monograph offers a detailed and skilfully argued case for the recognition of a set of victims' rights in an English criminal justice system. It is well researched and referenced and the arguments are carefully marshalled in a lucid and readily comprehensible fashion...this monograph will surely be appreciated by all those interested in criminal justice as it brings a valuable new contribution to the case for better recognition of victims' rights. Barry Mitchell Criminal Law Review February 2009 In his survey of international human rights standards the author takes a broad approach, considering not only provisions dealing specifically with the victims of crime but also those dealing with victims of abuse of power generally. His treatment of the topic covers not only the more obvious sources such as the European Convention, the Universal Declaration of Human Rights and the UN Declaration on Victims, but a welter of other charters and instruments. As well as this, the associated jurisprudence is thoroughly dissected and analysed...this is a very scholarly, thoughtful and well-argued contribution to an important and ongoing debate. John E. Stannard International Review of Victimology 2008 ...unlike other publications that mainly focus on the international arena, Doak's book is itself an interesting insight into how a deeply adversarial national criminal justice system can reconceive its foundations to provide effective standing to those affected by the commission of international and domestic crimes...The book is well researched, and it contains a thorough bibliography and an efficient index...Doak's study provides a thought-provoking approach for scholars and practitioners working on victims' participation and rights at a national level, especially but not exclusively within an adversarial environment, or at an international level. Juan Pablo Perez-Leon Acevedo Journal of International Criminal Justice (2009) Doak comprehensively analyses the potential and impact of human rights standards and the significance of legal globalization upon the position of the victim within criminal justice. It is this comprehensive and unifi ed analysis for which the book stands out, and which should make it a primary reference point for those seeking an in-depth analysis of victims' rights, human rights and criminal justice...a very timely and worthwhile read for criminologists with an interest in victims of crime and human rights. It also will strongly appeal to legal academics, particularly those with interests in criminal law/procedure and human rights. David O'Mahony British Journal of Criminology vol 49, no 4, July 2009 ...we should be thankful to Dr. Doak...for this well researched and well written study of so difficult and important a subject. I know of no better resource to assist judicial officers in understanding the evolution of the legal concept and reality of victims' rights... Provincial Judges' Journal Vol. 31(2), Winter 2009 This book engages with many of the most important questions that arise from the theoretical interaction between criminal justice and human rights frameworks; and from the practical involvement of victims in criminal justice. It is written in an accessible style and should be of interest to a wide range of readers, including policy-makers and researchers. While its focus is primarily the English criminal justice system, it moves between domestic and international developments, further broadening its appeal. Most importantly, it recognises that the landscape of victim's rights is constantly changing; and that we have only just begun to understand the implications of these changes. Dr Tessa Boyd-Caine Current Issues of Criminal Justice Volume 21, Number 3, March 2010

• 1 The Evolution of Victims' Rights I. The Victim through History Shifting Ideologies: The Political State II. The Rebirth of the Victim Victims in Contemporary Criminal Justice Policy: The Realisation of Rights? III. The Normative Basis for Victims' Rights Defining 'Victims' Defining 'Rights' The International Perspective IV. Victims' Rights and the Adversarial Process 2 The Right to Protection I. Protection from Victimisation Positive Obligations: The Duty to Protect Life Ramifications for Domestic Practice II. Secondary Victimisation The Nature and Extent of the Problem International Standards Domestic Practice Discussion IV. Conclusions 3 The Right to Participation I. Prosecution and Pre-Trial Processes Influencing Prosecutorial Decisions Private Prosecutions Preparing for Trial II. The Trial Process Participation within the Adversarial Context III. Sentencing The International Perspective Domestic Practice IV. Conclusions 4 The Right to Justice I. International Standards International Human Rights Law Progressing the Concept II. The Right to a Remedy in the Domestic Legal Order Victims of Non-State Crime III. A Right to Truth? International Developments Truth in the Adversarial System The Trial The Verdict Summary IV. Conclusions 5 The Right To Reparation I. Reparation as an International Standard The Origins of Reparation in International Law Reparation in Human Rights Law Lessons from International Criminal Law Discussion II. Realising Reparation in the Criminal Justice System State Compensation Reparation from the Offender III. Rethinking Reparation IV. Conclusions 6 A Place For Victims' Rights? I. Victims' Rights and Adversarial Justice The Nature of Victims' Rights The Inherent Limits of Adversarial Justice Summary II. Alternative Approaches Restorative Justice The Inquisitorial Approach III. Looking to the Future Reforming the Adversarial Paradigm