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In the new and revised 2005 edition of this outstanding casebook, authors Professor Doug Beloof, Judge Paul Cassell, and victims attorney Steven Twist review the expanding role of the crime victim in criminal procedure. Crime victims' law has been neglected in the education of law students even though it represents the single greatest "revolution" in criminal procedure in the last twenty years. The book addresses that neglect and provides lively and provocative materials about how victims fit into the contemporary criminal justice process. The casebook examines the role of the crime victim from the early stages of the criminal process (investigation and charging) through pre-trial discovery,...
Prior to the emergence of a victims' movement in this country in the 1970s, crime victims had only limited formal rights and remedies in the modern American criminal justice system. With the active encouragement of those involved in the victims' movement and guidance supplied by a national Task Force on Victims of Crime, convened by President Reagan in 1982, federal and state authorization of crime victim rights and remedies has increased exponentially in the subsequent years. In fact, it has been estimated that there are currently tens of thousands of statutes that directly or indirectly affect crime victim rights and interests, as well as crime victim-related constitutional provisions in a...
This invaluable one-stop reference source supplies students and general readers with historical and current information on the victims' rights revolution in the United States, providing analysis on everything from human rights reports to Supreme Court cases that allows the reader to fully understand these documents. Victims' rights represent the greatest change in the criminal justice system within the last 30 years. Victims' Rights: A Documentary and Reference Guide traces the origins, evolution, and results of the victims' rights movement. It puts victims' rights in a legal, historical, and contemporary context, and comprehensively collects important victims' rights documents in a single v...
International standards on the rights and interests of the victims of crime -- International consensus on crime victims' rights and interests -- Crime victims' rights in US domestic law -- US adherence to international standards on the rights and interests of crime victims -- Recommendations -- Acknowledgements.
Two centuries ago, American criminal justice was run primarily by laymen. Jury trials passed moral judgment on crimes, vindicated victims and innocent defendants, and denounced the guilty. But since then, lawyers have gradually taken over the process, silencing victims and defendants and, in many cases, substituting plea bargaining for the voice of the jury. The public sees little of how this assembly-line justice works, and victims and defendants have largely lost their day in court. As a result, victims rarely hear defendants express remorse and apologize, and defendants rarely receive forgiveness. This lawyerized machinery has purchased efficient, speedy processing of many cases at the pr...
Can Israel be both Jewish and democratic? Transformative Justice, Leora Bilsky's landmark study of Israeli political trials, poses this deceptively simple question. The four trials that she analyzes focus on identity, the nature of pluralism, human rights, and the rule of law-issues whose importance extends far beyond Israel's borders. Drawing on the latest work in philosophy, law, history, and rhetoric, Bilsky exposes the many narratives that compete in a political trial and demonstrates how Israel's history of social and ideological conflicts in the courtroom offers us a rare opportunity to understand the meaning of political trials. The result is a bold new perspective on the politics of justice and its complex relationship to the values of liberalism. Leora Bilsky is Professor of Law, Tel Aviv University.
Free Market Criminal Justice explains how faith in democratic politics and free markets has undermined the rule of law in US criminal process. It argues that, to strengthen the rule of law, US criminal justice needs less democracy, fewer market mechanisms, and more law.