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Dissertations / Theses on the topic 'Criminal victims'
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1
Ristic, Danijel. "Victims' access and compensation before international criminal courts /." Burnaby B.C. : Simon Fraser University, 2005. http://ir.lib.sfu.ca/handle/1892/2142.
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Pásara, Pazos Luis. "The victims within the reformed criminal justice system." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/115500.
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This article analyzes the negative impact of the reforms within the criminal systems in Latin America, both for those who suffer a crime, and those who are accused of having committed such crime. Supprted by empirical data, the author warns how the innovations of the reformed criminal proceedings (for example, the simplified court proceeding or the active role played by prosecutors), by enrolling into an authoritative legalculture, become in practice contrary to their likely design.<br>El presente artículo analiza la incidencia negativa de las reformas llevadas a cabo en los sistemas penales de América Latina, tanto en relación a quien sufre un delito, como respecto a quien es acusado de haberlo cometido. Sustentado en información empírica, el autor advierte cómo las novedades del proceso penal reformado (por ejemplo, el procedimiento abreviado o el rol activo a desempeñar por los fiscales), al inscribirse en una cultura jurídica autoritaria, devienen en la práctica en formas contrarias a su diseño ideal.
3
N'dri, Maurice Kouadio. "Critical analysis of victims rights before international criminal justice." Thesis, University of Pretoria, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7533_1183427953.
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<p>History is regrettably replete with wars and dictatorial regimes that claimed the lives of millions of people. Most of the time the planners were not held accountable for their misdeeds. Fortunately in recent years the idea of people being prosecuted for mass atrocities was launched and debated. The purpose of this study was to propose avenues for promoting respect for victims rights. It examined the rationale of the victims reparation, its evolution, its denial and its rebirth. It canvass victims rights in domestic law especially in the civil law in comparison with international law. It proposed means whereby the international community may better address the issue of victims rights.</p>
4
練錦鴻 and Kam-hung Ernest Michael Lin. "Treatments of rape victims in the criminal justice system." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31977935.
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Yip, King-sum, and 葉敬森. "Victims of childhood sexual abuse and later criminal consequences." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2000. http://hub.hku.hk/bib/B31979178.
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Yip, King-sum. "Victims of childhood sexual abuse and later criminal consequences." Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22030578.
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Lin, Kam-hung Ernest Michael. "Treatments of rape victims in the criminal justice system." [Hong Kong : University of Hong Kong], 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B14804529.
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8
Gal, Tali. "Victims to partners : child victims and restorative justice /." View thesis entry in Australian Digital Theses Program, 2006. http://thesis.anu.edu.au/public/adt-ANU20061114.100521/index.html.
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Gal, Tali, and tali gal@anu edu au. "Victims to Partners: Child Victims and Restorative Justice." The Australian National University. Research School of Social Sciences, 2006. http://thesis.anu.edu.au./public/adt-ANU20061114.100521.
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Children belong to one of the most vulnerable population groups to crime. Child victims of crime have to overcome the difficulties emerging from their victimization as well as those resulting from their participation in the adversarial criminal justice process. Child victims are typically treated by legal systems as either mere witnesses -- prosecutorial instruments -- or as objects of protection. Children's human rights and their needs beyond immediate protection are typically ignored.
¶
This thesis combines an examination of children's human rights (articulated largely in the UN Convention on the Rights of the Child) with a review of psycho-social literature on children's needs. It integrates the two disciplines thus creating a `needs-rights' model regarding child victims. This model is then used to evaluate the criminal justice process and its successes (and failures) in meeting the needs and rights of child victims. Such an integrated needs-rights evaluation identifies not only the difficulties associated with testifying in court and being interviewed multiple times. It goes beyond these topical issues, and uncovers other shortcomings of the current legal system such as the lack of true participation of child victims in the decision-making process, the neglect of rehabilitative and developmental interests of victimized children, and the inherent inability of the adversarial process to seek proactively the best interests of child victims.
¶
The thesis further explores an alternative to the criminal justice process -- that
of restorative justice -- and examines its applicability to child victims. Unlike the
criminal justice paradigm, restorative justice fosters the equal participation of the
stakeholders (in particular victims, offenders and their communities), and focuses
on their emotional and social rehabilitation while respecting their human rights. To explore the suitability of restorative justice for child victims, five restorative justice schemes from New Zealand, Australia and Canada and their evaluation studies are reviewed. Each of these schemes has included child victims, and most of them have dealt with either sexual assaults of children or family violence and abuse. Yet each of the evaluated schemes illuminates different concerns and proposes varying strategies for meeting the needs-rights of child victims.
¶
While these schemes demonstrate the significant potential of restorative justice to better address the full scope of the needs and rights of child victims, they uncover emerging concerns as well. Therefore, in the last part of the thesis, the needs-rights model is used once again to derive subsidiary principles for action, to maximize the benefits of restorative justice for child victims and minimize the related risks. A complex set of needs and rights is managed by a method of grouping them into needs-rights clusters and deriving from them simple heuristics for practitioners to follow. This clustering method of needs-rights-heuristics is a methodological contribution of the research to the psychology of law.
10
Millimen, Jessica. "Lived Experiences of Secondary Victims During the Parole Process: A Phenomenological Approach." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/4080.
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Secondary victims of traumatic violent crimes are subject to continuing the process of fighting for the loved ones they have lost. Once the offender is incarcerated, such victims may still have to face the process of parole if the offender has been granted a possibility of parole after years served. There is a gap in the literature and a need for research in the area of lived experiences for secondary victims as they progress through the parole process. For this study, a phenomenological study was utilized with 10 secondary victim participants. Participants were interviewed questions via telephone and the data were clustered and then thematically analyzed, revealing that participants had feelings of fear, depression, and being forgotten. The participants also stated a lack of aid and knowledge during the parole process and expressed their experiences of difficulty during the parole process. The study found a need for victim aid and resources. The study has positive social implication through research examining the need for victim aid and education for the criminal justice system.
11
Ullrich, Leila. "Schizophrenic justice : exploring 'justice for victims' at the International Criminal Court (ICC)." Thesis, University of Oxford, 2016. http://ora.ox.ac.uk/objects/uuid:8d73d52b-9cd6-4d06-b613-69b0827aa03e.
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This thesis examines how the promise and institutionalization of 'justice for victims' has shaped the ICC's justice vision and identity. Drawing on interviews with 90 practitioners in The Hague, Kenya and Uganda, it undertakes a sociological and institutional analysis of how 'justice for victims' has evolved in the Court's first two decades through the definitions and redefinitions, pushes and pulls, strategies and miscalculations of the Court's diverse actors both in The Hague and in the field. It argues that the introduction of 'justice for victims' has led to a rift within the Court between those who embrace a narrow understanding of justice as 'fair trials' and those who see the ICC as an opening for broader justice processes. These rifts and gaps are reinforced by the Court's actors in the field such as victims' lawyers and intermediaries who sometimes assume political advocacy roles beyond what the Court's judges envisaged or follow their parochial interests on the ground. While the ICC's judges have increasingly curtailed victim participation and reparation in the court room, the Court's practices on the ground reflect an uneasy fusion of legal justice, development, local and national politics with a proliferation of new justice concepts including 'transformative justice' and 'gender justice'. So far, these justice contestations have not chipped away, much less undermined, the Court's legitimacy. Rather, the Court has thrived on its justice contradictions; its failure to commit to any particular justice vision while loosely relating to all possible visions, has made the Court impervious to critique. But the thesis will also show that 'justice for victims' at the ICC is schizophrenic: it is inherently unstable and its contradictory dynamics may at some point rip the concept apart - and with it the Court's legitimacy.
12
Goodrum, Sarah Dugan. "Murder, bereavement, and the criminal justice system /." Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3008338.
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Thurston, Michael D. "Should We Press the Victims: The Uneven Support for International Criminal Tribunals." Digital Archive @ GSU, 2010. http://digitalarchive.gsu.edu/political_science_theses/33.
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International criminal tribunals rely on international support. However, in the case of the ICTY and the ICTR, international support has been uneven. I argue that this uneven support is related to the post-atrocity status of the domestic governing authority. In cases where the governing authority retains the status of victim, as in Rwanda following the 1994 Tutsi genocide, the international community has been reluctant to back the ICTR in its attempts to prosecute all participants of the 1994 genocide. In cases where the governing authority retains the status of perpetrator, as in Serbia following the Bosnian genocide of the 1990s, the international community has been more supportive of the ICTY. In cases where the post-atrocity status is mixed, as in Croatia, the backing of the international community of the ICTY has been similarly mixed.
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Frisso, Giovanna Maria. "A communicative approach to the participation of victims in international criminal processes." Thesis, University of Nottingham, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.580296.
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The 1998 Rome Statute, which established the International Criminal Court (ICC), recognized the right of victims of crimes to present their views and concerns where their personal interests are affected, as well as the right to seek from the ICC reparation for the harm they suffered. Far less innovative, but still indicating the attention afforded to the interests of victims in the Rome Statute, are the provisions that address the protection of witnesses. This thesis is concerned primarily with the application of these various provisions by the ICC and, to a lesser degree, with the extent to which they were foreshadowed by developments in the field of international human rights and the experience of the ad hoc international criminal tribunals for the former Yugoslavia and Rwanda. The thesis argues that a communicative understanding of international criminal processes offers a rationale for the application of the provisions related to the participation of victims which, in turn, is able to increase the legitimacy of the decisions reached by the ICC. A communicative approach, it is further argued, limits the risks of the development of a jurisprudence in which the participatory rights of the victims are seen as merely symbolic. This argument is based primarily on discourse theories of law drawn mainly from Habermas's theory of communicative action and, to a lesser extent, on communicative theories of punishment. These theories are used to inform an understanding of international criminal processes as communicative enterprises that exhibit proper respect and concern for both victims and offenders.
15
Anzick, Michael A. "Community structure and criminal victimization." Thesis, Virginia Tech, 1989. http://hdl.handle.net/10919/43284.
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<p>This research has attempted to better understand property crime victimization
by studying the important role of community structures, while controlling for the following
demographic variables: age, gender, race, and income. Three different types of
analyses were used: (1) bivariate analysis; (2) multivariate analysis, and (3) path analysis.
Bivariate analysis was used in order to gain a better understanding of the following
zero-order relationships: (1) the relationship between the structural characteristics
of communities and property crime victimization; (2) the relationship between the
structural variables and the mediating variables--guardianship and neighborhood
cohesion; (3) the relationship between guardianship and property crime, and (4) the relationship
between neighborhood cohesion and property crime. Most of these relationships
were found to be in the expected direction.</p>
<p>
The multivariate analysis was conducted by running three separate regression
models. Model 1 included only the structural variables of community size, racial
heterogeneity, and residential mobility. In Model 2, demographic variables were added
in order to see how this addition would impact the effects of the structural variables on
property crime victimization. Model 3 included both the structural and the demographic
variables, along with guardianship and neighborhood cohesion. This additional regression
model was used in an attempt to discover the effects of guardianship and
neighborhood cohesion on property crime victimization.</p>
<p>
Path analysis was used in order to find out the direct and indirect effects of the
structural and demographic variables on property crime victimization.</p>
<p>
Many of the findings of this research were not consistent with past research.
There appears to be other important factors which were not included. For example,
guardianship and neighborhood cohesion did not mediate the effects of the structural
and demographic variables. The thesis concludes with alternative explanations for these
and other inconsistent findings.</p><br>Master of Science
16
Chavez, Nicholas Marshall. "CAN WE LEARN FROM HACKERS TO PROTECT VICTIMS?" CSUSB ScholarWorks, 2018. https://scholarworks.lib.csusb.edu/etd/690.
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This project examines the protection methods suggested by hackers to guard against online victimization through the lens of Situation Crime Prevention. Data were collected from 85 webpages representing three categories of electronic communications: forums, blogs, and fan pages. The goal of this project was to identify which of the 25 opportunity reduction techniques the hacking community recommend most often, as well as, what level of expertise was associated with the suggested security measures. Results indicate that the technique most recommended by the hacking community was to remove targets with 27% of the total codings. From the results three themes were found: (1) most recommendations are such that implementing the strategies would serve to protect against opportunistic, low-skilled attacks; (2) most recommendations could be considered routine precautions, that when bundled, would secure most people against cyber-theft; and finally, (3) the Situational Crime Prevention framework was not fully realized because much of cyber-theft does not involve direct victim-perpetrator interactions. From these three themes policy recommendation and limitations are presented as well as avenues for future research.
17
Lee, Tak-yum David. "Victims of sexual offences in the criminal justice process with special references to the situation in Hong Kong." Thesis, Click to view the E-thesis via HKUTO, 1994. http://sunzi.lib.hku.hk/HKUTO/record/B36195108.
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Wilson, Tierra. "Courtroom Psychology during Criminal Trials and its Therapeutic Role on Victims and Offenders." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/7099.
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In the legal and mental health fields little is known about the therapeutic impact of courtroom psychology during criminal trials. The purpose of this research study was to investigate the inter-relating factors of law and psychology throughout criminal trials as experienced by lawyers and psychologists. Research questions explored the influence of courtroom psychology on criminal trial proceedings and challenges as experienced by both criminal trial attorneys in presenting mental health evidence, and by psychologists when testifying during criminal trials. Further exploration focused on the significance of courtroom psychology, and how lawyers and psychologists perceived courtroom psychology impacting justice for victims and influencing offender rehabilitation sentencing decisions. Procedural justice was the conceptual framework utilized in this investigation, and therapeutic jurisprudence was the theoretical base that guided this study. A qualitative-phenomenological research design was applied by interviewing 4 criminal law attorneys and 4 clinical forensic psychologists. Four themes emerged from the thematic analysis of the data collected: (a) an increase in the enhancement of psycho-legal services, (b) a need for additional education, (c) a desire to improve professional relationships through collaborative efforts, and (d) a demand for requiring advanced training. These results may serve as a foundation for professionals to provide ethically effective and relevant legal-therapeutic services for progressing courtroom psychology measures. Implications for positive social change from this research include recommendations to government, legal, and mental health system entities to consider generating and readjusting standards of practice that govern criminal trial proceedings.
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Bachvarova, Tatyana Emilova. "The standing of victims in the procedural design of the International Criminal Court." Thesis, Middlesex University, 2015. http://eprints.mdx.ac.uk/18313/.
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The thesis explores the autonomous standing of victims in the proceedings and in the evidentiary process before the International Criminal Court (‘the ICC’). For the purpose of elucidating the part played by victims as protagonists in their own right, the thesis brings forth a number of core characteristics that delimit the status of victims and distinguish it, accordingly, from the standing of the parties and from other non-party participants. Chapter I illuminates the eligibility of a person as a victim pursuant to rule 85 of the Rules of Procedure and Evidence as the starting point for any involvement of victims in the course of the proceedings. The thesis explores the multifaceted matters ensuing from the application and interpretation of this provision as a whole, as well as of each of the eligibility criteria. An important highlight into the independent yet non-party standing of victims within the ICC’s procedural design is provided in Chapter II by way of a comprehensive and innovative categorization of the array of rights afforded to victims by the normative framework. Chapter III embarks on a thorough analysis of the nature and the confines of the core right of victims to participate in the criminal justice process and the manifold issues ensuing from each of the prerequisites of article 68(3) of the Rome Statute. The intriguing phenomenon of duality of victim-witness status is contemplated in Chapter IV in light of the overarching principles and fundamental concepts in the realm of evidence law. The part played by victims in the evidentiary process on the merits of the criminal case, as well as in reparation proceedings is elucidated in Chapter V against the backdrop of the overall rationale of the ICC’s fact-finding mechanism, including the respective roles of the parties and of the Chamber. The thesis lends support to the conclusion that the standing and the part accorded to victims throughout the ICC’s process ensue from the purpose of their participation, as well as from the objective and subject matter of the proceedings at hand.
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Åberg, Malin. "Gottgörelse till brottsoffer vid internationella brottmålsdomstolen." Thesis, Umeå universitet, Juridiska institutionen, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-101704.
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Wines, Anna. "Justice for Victims of Crimes Under the Rome Statute : Is Asylum-Seeking Victims’ Access to Participation in National andInternational Criminal Proceedings Ensured?" Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-61291.
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Greenbaum, B. "Compensation for victims of sexual violence in South Africa : a human rights approach to remedial criminal compensation provisions." Doctoral thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/3890.
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Includes abstract.<br>Includes bibliographical references.<br>The author questioned why state attorneys, prosecutors and magistrates/judges in South Africa rarely review the compensation concerns of sexual violence complainants and witnesses in criminal sentencing matters, and in quasi-criminal civil forfeiture proceedings, as is frequently done for other classes of complainants (namely, commercial crime complainants and victims of violent crime in general). A conclusion was reached, after conducting extensive research for this thesis, that offender and state compensation processes were sparingly utilized in cases of sexual violence, in part, due to institutional biases that resulted in discrimination. The above finding was substantiated by way of twenty-seven (27) interviews with criminal justice role-players, eight (8) court file case studies and forty-seven (47) victim surveys. The above subject matter is important because failures by criminal justice state role-players to review the compensation concerns of sexual violence victims, on account of biases, causes real harm to these vulnerable complainants. For example, research in this thesis confirmed that state and offender compensation can assist sexual violence complainants with their cultural obligations, court appearances and post-assault health expenses and to pre-empt compensation reviews on account of biases disrupts victims' post assault recoveries. Further, compensation can assist sexual violence complainants with security related expenses, including relocation costs, so as to avoid repeated victimization.
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Ismaili, Karim. "Contextualizing federal criminal justice policy formation, the case of victims of crime in Canada." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq21293.pdf.
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Hall, Matthew Peter. "Putting victims of crime 'at the heart' of criminal justice : practice, politics and philosophy." Thesis, University of Sheffield, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.443512.
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Garbett, Claire Joyce. "War and its witnesses : International criminal justice and the legal recognition of civilian victims." Thesis, Goldsmiths College (University of London), 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.514287.
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Patterson, Debra Ann. "Constructing justice how the interactions between victims and detectives affect the quality of rape investigations /." Diss., Connect to online resource - MSU authorized users, 2008.
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27
Dipa, Asanda. "The recognition of victims rights of sexual offences." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1014361.
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“Indeed in rape cases it is the victim who is most often placed on trial rather than the perpetrator, accused of having ulterior motives and subjected to degrading questions with often pornographic overtones. Prosecutors might fail to adequately address the victims needs and all too often, information is either intentionally or unintentionally withheld from victims.” The victims of sexual offences have to face not only the consequences of the sexual crime that was perpetrated upon them, but they also have to deal with the effects of the criminal justice system. Victims who take part in the criminal justice system should not be exposed to unnecessary distress and trauma. The victims of sexual offences must not be re-victimised by the criminal justice system. Re-victimisation has been coined to describe the experience where victims are subjected to further victimisation by the very state organs to whom they turn for assistance. This has the effect that the victim is victimised twice, first by the offender and then by the criminal justice system. It is therefore the duty of the law to protect this group of witnesses from such a traumatic and damaging experience. The question that needs to be answered in this research is whether the Sexual Offences and Related Matters Amendment has made any difference in respect of protection of victims sexual crimes. It was concluded that the Sexual Offences Act is indeed a step in the right direction to protect the rights of victims of sexual offences but that it could have afforded more protection.
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Pia, Christina Kalus. "Redressing female victims of sexual violence: possibilities for gender-specific reparations at the International Criminal Court." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1824_1373278492.
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<p>This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of <br>the Court, including the Trust Fund for Victims of the International Criminal Court. In a second step, the needs of women who experienced conflict related violence will be examined. The central <br> <br>question, which this paper will try to answer, is whether the ICC reparations regime has the ability to provide gender-sensitive reparations and thus make a contribution to the improvement of <br>women&rsquo<br>s lives in post-conflict societies.</p>
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Imiera, Pius. "Developing a legal framework for state compensation of crime victims in Nigeria." Thesis, University of Pretoria, 2017. http://hdl.handle.net/2263/64611.
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The 1999 Constitution of Nigeria provides expressly for the safety and protection of the rights of citizens in general terms, including other provisions which guarantee the safety of the Nigerian people; however, the Constitution places priority on the rights of criminals over and above the rights and interests of crime victims. This position and situation has engendered public dissatisfaction with the Nigerian criminal justice systems in general and the Constitution in particular.
This study has analysed the means and mechanisms available in the Nigerian legal system for crime victims’ compensation and restitution for criminal acts committed against them, and it has found that those means are different to what are obtained in other jurisdictions. The study further found that state-funded compensation for crime victims is practiced to various degrees in places like New Zealand, Great Britain, the United States of America, Canada, Australia, Germany, Finland, Colombia and the Philippines to mention but a few.
The study discovered that, as it stands presently in Nigeria, there are no public compensation schemes for crime victims and that the compensation mechanisms that exist in the country which the courts award are grossly inadequate. The study also found that the Nigerian government does not see the need to establish state-funded compensation schemes for crime victims on the premise that crime victims should exercise their rights to claim compensation from the criminal offenders in delictual or tort claims. This study, therefore, argues that the extant legal frameworks in Nigeria are manifestly inadequate to provide for the needs of crime victims effectively in the aftermath of victimization and recommends the development of a system for state-funded compensation for crime victims in Nigeria building on comparative best practices and international guidelines such as the UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power and the Commonwealth Guidelines for the Treatment of Victims of Crime.<br>Thesis (LLD)--University of Pretoria, 2017.<br>Centre for Human Rights<br>LLD<br>Unrestricted
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Wasserman, Zia. "The importance of reparations for victims of conflict-related sexual violence : challenges facing the International Criminal Court." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20802.
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Sexual violence perpetrated during armed conflict is a notoriously prolific, yet oft neglected phenomenon. It used to merely be considered an inevitable by-product of war, yet recently sexual violence has come to be described as a 'weapon of war'. This refers to the deliberate and tactical intentions of the perpetrators, and alludes to the fact that sexual violence has been and continues to be an inherent aspect of conflicts. Fortunately, with increased global attention on this issue, there have been numerous developments in international humanitarian law as well as the field of criminal justice, which serve to recognise and condemn the prevalence of wartime sexual violence. That is, rape and other forms of sexual violence have been categorised as international crimes falling within the jurisdiction of international criminal tribunals and courts dealing with conflict situations. Furthermore, there have been several convictions of persons indicted for such crimes. These advances must be applauded, yet there remains a troubling omission: the provision of reparations to the victims of wartime sexual violence. Though the international tribunals and courts are statutorily empowered to award such reparations, there seems to be lapse in this regard. This is critically problematic considering the many harmful consequences of conflict-related sexual violence, namely: physical and medical issues, emotional and psychological issues, social exclusion and stigmatisation, as well as resultant monetary issues. Without a concomitant award of reparations attached to the conviction of a perpetrator of wartime sexual violence, victims are not able to experience true justice. The focus of this paper therefore rests on the challenges of the official court system - specifically that of the ICC - in providing reparations to victims of conflict-related sexual violence. With these in mind, it is recommended that a separate forum be created to deal exclusively with the provision of reparations.
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Bertollini, Cara-Vanessa Hadassah. ""I know what you are going through" the impact of negotiating the criminal justice system on the well being of family members of homicide victims and criminal offenders /." unrestricted, 2005. http://etd.gsu.edu/theses/available/etd-12012005-201622/.
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Thesis (M.A.)--Georgia State University, 2005.<br>Denise Donnelly, committee chair; Ralph LaRossa, Elizabeth Beck, committee members. Electronic text (110 p.) : digital, PDF file. Description based on contents viewed June 12, 2007. Includes bibliographical references (p. 102-108).
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Welch, Zina Lauren. ""Second Injury" the re-victimization of child victims in the criminal justice system: a study of the victim witness assistance programs child abuse/sexual assault project." DigitalCommons@Robert W. Woodruff Library, Atlanta University Center, 1993. http://digitalcommons.auctr.edu/dissertations/625.
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The purpose of this study was to examine the Criminal Justice System as it relates to the child victim. The study describes the sexually molested child in the preliminary stage of criminal court. As well as the physically abused child in the same level of court. In addition, the study identifies the Child Abuse/Sexual Assault Project of the Victim-Witness Assistance Program located in the City of Atlanta Municipal Court. The study sites examples and randomly selected case studies which describe the process and various issues which may evolve when children are required to participate in the judicial process. In addition, the study identifies the Victim-Witness Assistance programs child abuse sexual assault project as an instrument designed to empower child victims by advocating for their rights and various allowances for the child victim/witness who must appear in a criminal court hearing. The study found that the child victim has much to contend with. Children are not equally equipped to handle the intricacies of the legal system. The study also addresses the systems response to the advocate, which allows the advocate to assess the appropriateness of diversion (or social work intervention) in lieu of prosecution. The study revealed that a number of cases were successfully diverted. Lastly, the Child Abuse Sexual Assault Project allowed social work intervention in almost 100% of the child abuse/sexual assault cases which were heard in the City of Atlanta Municipal Court in the year 1992.
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Mitchell, Jessica Nicole. "The Role of Social Support in the Disclosure and Recovery Process of Rape Victims." Scholar Commons, 2015. http://scholarcommons.usf.edu/etd/5837.
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Women disproportionately account for a majority of all completed and attempted rape victimizations each year in the U.S. relative to men. Female college students, in particular, have been noted as a group with the highest risk for rape. Rape among women not only has a substantial public health impact, but has been linked to a number of individual mental health and substance use problems. Despite the fact that service utilization (formal help-seeking with a counselor, mental health professional, rape crisis center, and police reporting) has been shown to deter negative sequelae of rape, few victims of rape receive assistance from a victim service agency or report the incident to police; and among college student victims, this rate is even lower. Instead, rape victims are more likely to disclose the event and seek help from an informal source, such as a family member, spouse/romantic partner, friend, or acquaintance. Traditionally seen to have a positive impact on victim's mental health, informal social support may play a different role in rape victims with high levels of alcohol involvement or among those who have experienced an alcohol-involved rape.
Current measures of social support fail to examine the factors that prompt victims to utilize their social support system and the role that alcohol use may play in victim's disclosure and recovery process. The current study explored the idea that social support may act as a barrier to help-seeking behavior, particularly formal treatment, among victims with alcohol involvement. This study had three primary aims: (a) to identify constructs related to the decision-making process to disclose a rape to an informal social support, (b) to understand victim and victim supporters' perceptions of social support and the impact of these perceptions on rape victims' post-rape mental health, and (c) to determine the role that alcohol plays in the disclosure process. To achieve these aims, the study used a mixed method approach (utilizing data from in-depth, semi-structured (face-to-face) qualitative interviews correlated with quantitative survey data) with a sample of college students (N=46) who were categorized into two groups: female college students who had experienced a rape in their lifetime (Victims; N=16) and college students who had had a rape disclosed to them (Supporters; N=30). The use of thick description provided Victims and Supporters a voice that could not be heard through existing quantitative measures. Qualitative data unveiled the fact that the perceptions surrounding social support during disclosure of a rape are often very different between Supporters and Victims. Victims themselves more often report feeling uncomfortable or guilty because of their own acceptance of rape myths, which appears to hinder them from further help-seeking. However, Victims appear to be prompted to disclose to an informal social support when they feel they are ready to talk and are provided a comfortable environment, but both Victims and Supporters feel that Supporters are unprepared to provide sufficient aid and the support provided during the disclosure may be inadequate. Despite the feelings that professional help would be beneficial, Victims are often stalled by complicating factors during the assault or their individual characteristics, such as alcohol involvement. Recent efforts on educating the general public on rape myths were evident during the interviews, but these beliefs still remain in students' feelings surrounding rape and utilizing mental health services.
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Ames, Jessica Caryn. "Restorative justice including victims, offenders and communities in criminal justice dialogue : a project based upon an independent investigation /." Click here for text online. Smith College School for Social Work website, 2007. http://hdl.handle.net/10090/963.
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Thesis (M.S.W.)--Smith College School for Social Work, Northampton, Mass., 2007<br>Thesis submitted in partial fulfillment for the degree of Master of Social Work. Includes bibliographical references (leaves 99-101).
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Smith, Elinor Clare. ""The world would start turning again" : identifying and measuring victims' restorative justice needs at the International Criminal Court." Thesis, Bournemouth University, 2016. http://eprints.bournemouth.ac.uk/24977/.
Full textAbstract:
The integration of victim participation into the Rome Statute introduces a restorative function into the practices and procedures of the International Criminal Court alongside its more traditional, retributive mandate, engendering an obligation on the Court to provide restorative justice, or at least, aspects of it, to participating victims. Restorative justice, however, is under-developed in international criminal law in both theory and practice. Moreover, the Court itself has failed to indicate what it means by restorative justice, or what restorative justice would encompass in practice for participating victims. The thesis demonstrates instead that the restorative mandate is in danger of being either subsumed by the retributive function or usurped by a purely procedural justice model. Through an exploration of what restorative justice for participating victims would comprise, this thesis addresses the disconnect between the intentions of the drafters of the Rome Statute and the realisation of restorative justice for victims in practice. Through an interdisciplinary approach, using psychological literature and theory, the thesis identifies, examines and argues for an appropriate overarching goal for restorative action at the ICC: the achievement of a sense of justice in participating victims. This goal is developed and disaggregated into its constituent parts with a view to rendering the concept of restorative justice tangible, applicable and operational within the practices and procedures of the Court. The thesis thereby provides a contribution to theory and practice. The thesis then considers how the Court’s progress in the pursuit of its restorative mandate can be evaluated. In the absence of any existing assessment instrument, the thesis develops and proposes the detailed framework of a psycho-legal assessment tool for the monitoring and evaluation of the Court’s pursuit of restorative justice for participating victims, thereby providing a further contribution to practice.
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Von, Bonde Johannes Christian. "Redress for victims of crime in South Africa: a comparison with selected Commonwealth jurisdictions." Thesis, Nelson Mandela Metropolitan University, 2006. http://hdl.handle.net/10948/640.
Full textAbstract:
In terms of the Constitution every person has the right to freedom and security of the person. This includes the right to be free from all forms of violence from either public or private sources. The state is charged with the duty to protect the individual from such harm. While the Constitution refers to the protection of victims of crime in broad and general terms without indicating how these rights should be protected, it makes meticulous and detailed provision for the rights of arrested, detained and accused persons. This leads to the popular belief that the Constitution protects the criminal and not the victim, engendering public dissatisfaction with the status quo, which is amplified by the fact that South Africa’s current legal dispensation for victims of crime does not embody the requirements of ubuntu and African customary law, which the Constitution declares to be binding on South African courts. This study analyses the means that exist in South African law for the victim of crime to obtain redress for criminal acts and proposes effective avenues through which victims can obtain redress, should the existing machinery prove to be inadequate. The term restitution is used to indicate recompense obtained from the perpetrator, while the term compensation refers to recompense obtained from the state. A comparative study is conducted to ascertain how the legal position of victims of crime in South Africa compares with that of victims of crime in Great Britain, India and New Zealand, respectively. South Africa does not have a state-funded victim compensation scheme such as those which exist in most developed countries. The respective proposals of the South African Law Commission for a victim compensation scheme and revised legislation to deal with offender/victim restitution are considered critically, inter alia, in the light of the findings of the comparative study. Proposals are made regarding changes to the South African legal system to bring it in line with international developments regarding restitution and compensation to victims of crime, attention being given to the meaning, significance and implementation of the doctrine of restorative justice when dealing with the aftermath of criminal injury. In addition to a complete revision of South African legislation dealing with offender/victim restitution, this study recommends the consolidation of the Road Accident Fund and the Compensation Fund operating in terms of the Compensation for Occupational Injuries and Diseases Act. These two bodies should be amalgamated to create a unified Compensation Scheme to compensate victims of crime, as well as victims of traffic and industrial injuries. General qualifying criteria for claimants would be drafted, with specific criteria applying in cases of traffic, industrial and crime related injuries, respectively.
37
Bertollini, Cara-Vanessa Hadassah. ""I Know What You Are Going Through": The Impact of Negotiating the Criminal Justice System on the Well Being of Family Members of Homicide Victims and Criminal Offenders." Digital Archive @ GSU, 2006. http://digitalarchive.gsu.edu/sociology_theses/5.
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Increasingly individuals are coming into contact with the criminal justice system. For millions of Americans this contact is mediated by the victimization or offense of a loved one. This study focused on exploring what the family members of victims and offenders identify as their needs and concerns in relation to the criminal justice system, assessing if the system is effective in addressing these needs and concerns, and understanding how these families' lives are shaped by interaction with the system. Grounded theory method was used to analyze the narratives posted on two on-line message boards, one for victims' families and one for offenders' families. The results from this study suggest that both groups express the same frustrations and concerns about the criminal justice system, and that both groups develop similar coping strategies to assist them in negotiating the system after initial incarceration or victimization.
38
Omale, Don John Otene. "Restorative justice as an alternative dispute resolution model : opinions of victims of crime and criminal justice professionals in Nigeria." Thesis, De Montfort University, 2009. http://hdl.handle.net/2086/2411.
Full textAbstract:
This is an original non-experimental research conducted in four Geo-Political Zones in Nigeria (West Africa). It surveys opinions of victims of crime and conflicts, and criminal justice professionals with regard to exploring restorative justice as an Alternative Dispute Resolution Model in the country. The findings of this study are relatively in line with other cross-national research and evaluations of restorative justice, which consistently demonstrate that victims of crime are better off after participating in restorative justice programmes compared to the court proceedings (see Strang et al, 2006 for instance). The ‘Afrocentric’ viewpoints contained in the findings are imperative to international practitioners and scholars interested in Peace and Dispute Resolutions in Africa.
39
Foran, Tim. "The role of police in enabling crime victims to access criminal injuries compensation: A survey of four police departments." Thesis, University of Ottawa (Canada), 1991. http://hdl.handle.net/10393/7526.
Full textAbstract:
This study examines the role that individual police officers play in making victims aware of criminal injuries compensation. Specifically, this study examines the behaviour, knowledge, and attitude of police officers in four police departments--two with a victim assistance unit and two without. The study found that officers from a department with a victim assistance unit did have a better knowledge of compensation eligibility requirements, including the necessity to suffer injury eligibility provision. Victim assistance unit officers were also found to have more positive attitudes towards compensation programs. They were more likely to be of the view that compensation programs assisted victims effectively and they were more likely to feel that the programs should be expanded to serve greater numbers of victims, including victims of break and enter. They were also more likely to indicate that they had made victims aware of compensation benefits. However, the presence of a victim assistance unit does not make the situation ideal. Many respondents from a force with a victim assistance unit indicated that they had never made a victim aware of compensation benefits. Of particular relevance is the fact that only sixteen per cent of victim assistance unit officers had ever provided a victim with a card or leaflet with information on criminal injuries compensation. The study concludes with a number of recommendations designed to improve the information crime victims receive with respect to criminal injuries compensation. (Abstract shortened by UMI.)
40
Banks, Sr Jashon Anthony. "Relationship Between Victims of Urban Violence and Post-Traumatic Stress Disorder." ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/5973.
Full textAbstract:
Urban violence has become common in lower-income communities that have high rates of shootings and African-American victims. Urban violence causes victims and their family and friends to experience trauma and puts them at risk for post-traumatic stress disorder (PTSD) injuries. However, there is a gap in knowledge in the framework of urban communities and their range of needs to address PTSD. The purpose of this quantitative study was to examine whether a relationship exists between reinforcement of needs, membership, influence, shared emotional connection, and post-traumatic stress symptomology (PTSS) of urban violence victims in a large metropolitan city. Albert Bandura's self-efficacy theory and social conflict theory comprised the theoretical framework for this research. A correlational design was employed with a convenience sample of 83 respondents drawn from urban violence victims using an internet-based survey instrument designed to assess the elements of sense of community. The research questions examined participants' perceptions of reinforcement of needs, membership, influence, shared emotional connection, and PTSS. Pearson's correlation coefficient and multiple linear regression analyses were performed on the collected data to test the hypotheses. The findings did not show a statistically significant relationship between participants' perceptions of sense of community and PTSD. However, victims of urban violence can use the results of this study to expand understanding of PTSD to address the realities of living in lower-income geographical locations, therefore leading to positive social change.
41
Akia, Brenda. "A critical appraisal of the criminalisation and prosecution of sexual violence under international criminal law." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8151_1363774767.
Full textAbstract:
<p>Sexual violence leaves the victims psychologically traumatised and stigmatised in the eyes of its community. Used on a large scale, sexual violence can destabilise a society as a whole and when used during armed conflicts, it serves as a powerful weapon against members of a community. During armed conflicts, sexual violence is widespread and systematically used as a tool of war and this makes sexual violence amount to crimes against humanity, genocide and war crimes. This research paper critically analyses and evaluates sexual violence as an international crime, as well as its prosecution under international criminal law mainly by the International Criminal Court (hereafter ICC), International Criminal Tribunal for the Former Yugoslavia (hereafter ICTY) and International Criminal Tribunal for Rwanda (hereafter ICTR). It discusses the problem of selectivity that can be observed in prosecuting sexual violence that has in fact, left many victims of sexual violence dissatisfied. By doing so, it analyses the law as it is to determine whether the law applied during sexual violence prosecutions is sufficient. The paper also states recommendations that can contribute to the effective prosecution of sexual crimes under international criminal law.</p>
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Franco, Xavier José Roberto. "La réception de l’opinion publique par le système de droit criminel." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/23407.
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Cette thèse traite des possibilités d’intégration de l’opinion publique dans les opérations du système de droit criminel. En s’appuyant sur le cadre de la théorie des systèmes de Niklas Luhmann et sur le concept de rationalité pénale moderne d’Alvaro Pires, cette thèse prétend faire une double contribution. D’un côté, il est question d’avancer des distinctions et des précisions théoriques sur ce qui peut constituer cette opinion publique – et même, de façon plus générale, les stimuli externes apparentés à ce concept (public, mouvements de protestation, victimes) – et d’examiner la façon de concevoir son rapport avec le système de droit criminel. D’un autre côté, il est question d’observer empiriquement les mécanismes que ledit système met en place pour gérer la pression qu’il ressent de son environnement. Qui plus est, en nous servant de ce concept de rationalité pénale moderne, nous essayons de montrer dans cette thèse que des stimuli externes qui prônent un système plus punitif et intolérant ont beaucoup plus de chances d’être entendus que des communications qui sont critiques à l’égard de la punitivité du système. Finalement, nous devons ajouter que ce travail a eu l’ambition de faire une « sociologie du droit avec le droit », c’est-à-dire que la sociologie qui a été mise en place ici a eu l’intention de prendre en considération le point de vue interne du droit. Ses catégories, son raisonnement et ses opérations sont traités à partir d’un cadre théorique de la sociologie, mais toujours en considérant que le système juridique a une logique propre qui est souvent oubliée par la sociologie du droit.
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Henry, Nicola Michele. "Disclosure, sexual violence and international jurisprudence : a therapeutic approach /." Connect to thesis, 2005. http://repository.unimelb.edu.au/10187/1385.
Full textAbstract:
This thesis examines the relationship between justice and recovery for survivors of sexual violence in the aftermath of armed conflict. Using the case study of the International Criminal Tribunal for the former Yugoslavia (ICTY), the thesis evaluates whether international criminal justice can contribute positively to victim vindication and restoration. While the historical war crimes tribunals at Nuremberg and Tokyo have been widely criticised for exercising a “victor’s justice”, this thesis illustrates a discernible shift towards a form of “victim’s justice” that extends beyond the parameters of punishment and proportionality for serious violations of international humanitarian law (IHL). Restorative principles of justice have thus been increasingly incorporated within current international criminal jurisdictions, reflected in victim-friendly legislation at the ICTY and the recently established International Criminal Court (ICC). These developments recognise the significance of justice for victims in the aftermath of armed conflict. (For complete abstract open document)
44
Manikis, Marie. "Rhetoric or reality? : victims' enforcement mechanisms in England and Wales and the United States." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:3232cd82-c9d6-486d-b841-25528cd294ba.
Full textAbstract:
Recent policies in England and Wales and the United States have recognised for the first time enforcement mechanisms for victims of crime under the Crime Victims’ Rights Act (CVRA) in the United States as well the Code of Practice for Victims of Crime in England and Wales (the Code). Although very different from one another, these policies ostensibly aimed to provide a stronger commitment to victims’ rights, by recognising an accessible, timely and impartial process that recognises accountability and provides individual remedies in cases of breaches. This thesis engages in a careful in-depth analysis of these mechanisms and their implementation based on elite qualitative interviews, case law analysis and a multidisciplinary examination of the relevant literature. It argues that on the whole, these mechanisms have presented a number of limitations, and thus in many respects cannot and have not delivered accessible, and timely means to respond to victims’ rights breaches. Most importantly, it demonstrates that for certain types of breaches and in certain contextual settings, these mechanisms have recognised only limited or no redress at all for breaches. This research takes the available victims’ literature further by arguing that many of these promises have been closer to rhetoric than reality and providing a more nuanced portrait of the substantial difficulties and limitations that relate to these enforcement mechanisms. In effect, these limitations can be understood in light of the nature and structural components of these selected mechanisms, as well as the ways they have been implemented by the main actors involved in these processes and the different contexts under which the different types of breaches take place. Finally, despite their limitations, when compared to one another, each mechanism can be considered a better option for access, timeliness and redress – depending on context and the type of breach. Following from this analysis, a complementary approach is developed which can facilitate and increase opportunity for redress for a wider range of situations. It is important to bear in mind however the limits of the complementary approach; namely, that it only includes elements inspired from the two mechanisms examined in this thesis and that there are several limitations that relate to transplants and policy transfers.
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Libby, Nicholas. "PREDICTORS OF FIREARM USE AND EFFECTS OF WEAPONRY ON VICTIM INJURY IN VIOLENT CRIME: A CRIMINAL EVENTS APPROACH." Doctoral diss., Orlando, Fla. : University of Central Florida, 2009. http://purl.fcla.edu/fcla/etd/CFE0002722.
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White, Charlaine Annette Cecilia. "The promise of restorative justice: An outcomes evaluation of an Orange County Victim Offender Reconciliation Program, with focus on the victim's perspective." CSUSB ScholarWorks, 2000. https://scholarworks.lib.csusb.edu/etd-project/1957.
Full textAbstract:
Victim-offender reconciliation programs (VORPs), the hallmark of the restorative justice movement, offer an alternative to the retributive approach to crime. These programs seek to bring the victim and offender together for purposes of working out a mediated settlement agreement.
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Fang, Yang. "The comparison of victim-offender mediation programs between China and America." CSUSB ScholarWorks, 1994. https://scholarworks.lib.csusb.edu/etd-project/883.
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Nel, Mary. "Incest : a case study in determining the optimal use of the criminal sanction." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53462.
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Thesis (LLM)--Stellenbosch University, 2003.<br>ENGLISH ABSTRACT: The aim of this study is to determine standards or criteria to be used
when deciding on the optimal use of the criminal sanction and to evaluate the
efficacy of such criteria by applying them to an existing crime, namely incest.
Since criminal punishment necessarily impacts negatively on the human
rights of those subject to it, it is submitted that it should only be used as a last
resort where it is absolutely necessary to do so. Relevant constitutional
provisions and other legal sources are examined and used as the basis for
expounding a test for determining the circumstances under which it is
appropriate to criminalise. It is argued that the decision to utilise the criminal
sanction may be tested against certain guidelines: the state bears the burden
of showing, firstly, that the rationale of the crime in question is theoretically
justifiable in that criminalisation serves a worthy state purpose; and secondly,
that criminalisation is reasonable, being both practically desirable and
effective in achieving legitimate state goals in the least restrictive manner
possible.
In the second part of the thesis, the proposed criteria are applied to the
common law crime of incest. An initial discussion of the crime indicates that a
wide range of conduct is punishable as incest, including both extremely
harmful conduct, such as the rape of a child by her father, and completely
innocuous behaviour, for instance private sexual intercourse between
consenting adults who are merely related by marriage.
Next, an attempt is made to ascertain the true rationale for criminalising
incest and then to establish whether such rationale is justifiable. The
conclusion is reached that despite there being good grounds for punishing
certain manifestations of incest, the only reason for imposing criminal
punishment that is valid in all instances, is the unconvincing contention that
the state is justified in prohibiting incest merely because incest is regarded as
morally abhorrent.
And even assuming that targeting and preventing undesirable forms of
harmful or offensive conduct is a justifiable purpose of the incest prohibition, it
is nevertheless submitted that criminalising incest is unreasonable, since the crime as it is presently formulated is both over- and under-inclusive for the
effective realisation of any praiseworthy aims.
After testing incest against the criteria developed, the recommendation is
made that incest be decriminalised. It is contended that there are sufficient
alternative criminal prohibitions available that would adequately punish
harmful incestuous conduct without simultaneously unreasonably limiting the
rights of consenting adults to choose their sexual (or marriage) partner without
state interference. Decriminalisation would not only prevent potential
violations of human rights, but the legitimacy of the criminal justice system as
a whole would be considerably enhanced if it were apparent that the criminal
sanction was reserved for conduct truly deserving of punishment.<br>AFRIKAANSE OPSOMMING: Die oogmerk van hierdie studie is om standaarde of riglyne daar te stel ter
aanwending waar besluit word oor die optimale benutting van die strafsanksie,
asook om die doeltreffendheid van sulke riglyne vas te stel deur die
toepassing daarvan op 'n bestaande misdaad, naamlik bloedskande.
Aangesien straf altyd 'n nadelige uitwerking op die menseregte van dié
wat daaraan onderhewig is, het, word aan die hand gedoen dat dit slegs as 'n
laaste uitweg aangewend moet word indien absoluut noodsaaklik. Ondersoek
word ingestel na toepaslike grondwetlike bepalings en ander regsbronne, wat
gebruik word as grondslag vir 'n toets ten einde te bepaalonder welke
omstandighede kriminalisasie gepas is. Daar word aan die hand gedoen dat
die besluit om gebruik te maak van 'n strafsanksie teen sekere riglyne getoets
kan word. Die staat dra die bewyslas om aan te toon, eerstens, dat die
bestaansrede vir die betrokke misdaad teoreties regverdigbaar is aangesien
krimininalisasie 'n waardige staatsdoel dien; en tweedens, dat kriminalisasie
redelik is, aangesien dit prakties wenslik is, asook die staat se legitieme
doelwitte dien op effektiewe wyse op die mees onbeperkende wyse moontlik.
In die tweede gedeelte van die verhandeling word die voorgestelde
riglyne op die gemeenregtelike misdaad bloedskande toegepas. 'n Aanvanklike bespreking van die misdaad dui daarop dat die trefwydte van
bloedskande sodanig is dat dit gedrag insluit wat uiters benadelend is, soos
byvoorbeeld die verkragting van 'n kind deur haar vader, maar ook heeltemal
onskadelike optrede soos byvoorbeeld geslagsverkeer tussen toestemmende
volwassenes wat bloot aanverwante is.
Die volgende stap is om die ware bestaansrede vir die verbod op
bloedskande vas te stel en daarna te oorweeg of sodanige bestaansrede
regverdigbaar is. Die gevolgtrekking is dat alhoewel daar goeie gronde vir die
bestrawwing van sekere verskyningsvorme van bloedskande is, die enigste
altyd-geldende rede vir strafoplegging in hierdie verband die onoortuigende
bewering dat bloedskande moreelonverdraaglik beskou word, is.
Selfs al word daar aanvaar dat die identifikasie en voorkoming van
onwenslike verskyningsvorme van skadelike of aanstootlike gedrag 'n
regverdigbare doel vir die bloedskandeverbod is, voer die skrywer nie te min
aan dat die kriminalisasie van bloedskande onredelik is omrede die huidige
misdaadomskrywing tegelykertyd beide oor- en onder- inklusief is om einge
moontlike goeie doelwitte effektief te bereik.
Nadat bloedskande getoets word teen die riglyne wat ontwikkel is, word
aanbeveel dat bloedskande gedekriminaliseer word. Daar word aan die hand
gedoen dat daar genoegsame alternatiewe strafbepalings is wat aangewend
kan word om skadelike gedrag wat onder die misdaad bloedskande resorteer
te bestraf sonder dat die regte van toestemmende volwassenes om sonder
staatsinmenging hul seksuele- (of huweliks-) maat te kies onredelik ingeperk
word. Dekriminalisasie sal nie slegs moontlike menseregteskendings
voorkom nie, maar ook die legitimiteit van die strafregstelsel as geheel
bevorder deurdat dit duidelik blyk dat die strafsankie reserveer word vir
optrede wat werklik straf verdien.
49
Grossman, Michelle G. "Addressing the gap : the role of institutions of the Rome Statute in responding to the needs of child crime victims at risk of "falling through the cracks"." Thesis, University of Oxford, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.711689.
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Moussavou, Charlène Mirca. "Le statut de victime de crimes internationaux devant la cour pénale internationale." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1097.
Full textAbstract:
Face aux atrocités qu'ont connu les 19ème et 20ème siècles en terme de crimes de masse, de nombreuses tentatives ont mené la communauté internationale à la création d'une cour criminelle internationale capable de juger les responsables des « grands crimes de guerre » au cours des conflits mondiaux. A travers la lettre et l'esprit du Statut de la cour pénale internationale, on note avec soulagement le regain d'intérêt de la justice pénale internationale pour la victime et pour sa reconstruction. Jusque là, cette dernière était principalement centrée sur le criminel, le but premier de cette dernière étant la lutte contre l'impunité. L'une des innovations majeures qu'a apportée le Statut de Rome réside dans la place centrale accordée aux victimes dans la procédure. A la différence de ses prédécesseurs, la CPI leur confère à la fois un statut pénal et civil ; elles disposent d'un droit de participation au procès pénal dès son commencement sous des conditions strictement encadrées par le juge ainsi qu'un droit à la réparation du préjudice qu'elles ont subi. Mais quelle est l'étendue réelle de l'implication des victimes dans ces procédures et quelles en sont les limites et conséquences pratiques au regard des objectifs fixés à l'origine ? Cette étude se propose de procéder à un examen approfondi du dispositif consacrant les droits des victimes de crimes internationaux et à une analyse de ses premières applications<br>To the atrocities experienced by the 19th and 20th centuries in terms of mass crimes, many attempts have led the international community to create an international criminal court to prosecute those responsible for the "big war crimes" during global conflicts. Through the letter and spirit of the Statute of the International Criminal Court, we note with relief the renewed interest of the international criminal justice for the victim and for its reconstruction. Until then, it was mainly focused on the criminal, the first goal of the latter being the fight against impunity. One of the major innovations made by the Rome Statute is the central place for victims in the proceedings. Unlike its predecessors, the ICC gives them both a criminal and civil status ; they have a right to participate in criminal proceedings from its beginning under conditions strictly controlled by the judge and a right to compensation for damage suffered. But what is the real victim involvement in these processes, and what are its limitations and practical implications to the objectives originally set extension ? This study aims to conduct a thorough review of the device providing the rights of victims of international crimes and an analysis of its first applications