
Contents
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8 Defense Rights in European Legal Systems under the Influence of the European Court of Human Rights
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I. Introduction I. Introduction
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II. Conceiving and Defining the Victim in Criminal Justice Processes II. Conceiving and Defining the Victim in Criminal Justice Processes
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1. Toward an Individualized and Private Conception of the Victim 1. Toward an Individualized and Private Conception of the Victim
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2. Conceiving the Victim as Part of the Public Interest 2. Conceiving the Victim as Part of the Public Interest
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III. Typology of Victim Participation in Criminal Justice Processes III. Typology of Victim Participation in Criminal Justice Processes
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IV. The Relationship between Victims and the Actors of Criminal Justice Processes: A Challenge to Victims as Agents of Punitivity? IV. The Relationship between Victims and the Actors of Criminal Justice Processes: A Challenge to Victims as Agents of Punitivity?
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1. The Relationship between Victims and Law Enforcement (Police And Prosecutors) in Criminal Justice Processes 1. The Relationship between Victims and Law Enforcement (Police And Prosecutors) in Criminal Justice Processes
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2. The Relationship between Victims and the Defendant in Criminal Justice Processes: Challenging Victims as Agents of Punitivity 2. The Relationship between Victims and the Defendant in Criminal Justice Processes: Challenging Victims as Agents of Punitivity
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V. Conclusion V. Conclusion
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References References
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12 Conceptualizing the Victim within Criminal Justice Processes in Common Law Tradition
Get accessAssistant Professor of Law, McGill University
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Published:11 February 2019
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Abstract
This chapter considers the various philosophical underpinnings of victim involvement in the criminal justice processes of common law jurisdictions. It first examines the role of the victim in criminal justice processes, focusing on an individualized and private conception of the victim instead of the public interest and public harm as defined by these actors rather than themselves, as well as conceiving the victim as part of the public interest. It then discusses various types of victim participation in criminal justice processes before proceeding with an analysis of the relationship between victims and the actors of criminal justice processes, namely, law enforcement (police and prosecutors) and defendants. The article also proposes a theoretical framework that enables a pluralistic view of victim participation and concludes by highlighting how the foundation and conception of victim involvement can affect the relationship among victims, prosecutors, and the defendant.
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