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11 - Victims

Jeremy Gans
Affiliation:
University of Melbourne
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Summary

Introduction

Chapter 2 (Choices) set out the central role of people in Australia’s criminal justice system. Police, prosecutors, judges and some regulators are active players in determinations of criminal responsibility and the imposition of criminal punishment, and even defendants can play a key role in the course of their proceedings. By contrast, victims’ traditional roles in criminal justice are passive: to be an element of the charged offence and to be a witness (or even an exhibit) at the defendant’s trial.

In recent decades, victims (or, at least, groups claiming to represent victims’ interests) have emerged as a major political force, prompting changes to both offence definitions and official procedures. As was the case with Chapter 2, this chapter does not comprehensively examine the contemporary position of victims in the criminal justice system, but rather analyses the way that choices made by and about victims can affect the boundaries of offence provisions.

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Publisher: Cambridge University Press
Print publication year: 2011

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References

Kirchengast, T The Landscape of Victim Rights in Australian Homicide Cases – Lessons from the International Experience 2011 31 Oxford Journal of Legal Studies 133 Google Scholar
2005
Kelman, M Interpretative Construction in the Substantive Criminal Law 1981 33 Stanford Law Review 591 Google Scholar
1986
1987

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  • Victims
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.012
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  • Victims
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.012
Available formats
×

Send book to Google Drive

To send content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive.

  • Victims
  • Jeremy Gans, University of Melbourne
  • Book: Modern Criminal Law of Australia
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9781139194310.012
Available formats
×