Recent developments in victim agency in the new south wales justice system: The case of victim impact statements
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Since 1996 various powers have been introduced into New South Wales law to allow for greater participation by victims of crime in the criminal justice system. The most significant of these developments concerns victim participation in sentencing, namely enabling victims to submit a victim impact statement upon sentencing. The development and reform of the sentencing phase of criminal trials in New South Wales in favour of increased victim participation has been controversial, with the New South Wales Court of Criminal Appeal reading down various provisions which seek to accord the victim of crime some agency in sentencing. This has tended toward a position that despite their tenure, victim impact evidence has little influence on the final sentence to be handed down. This article discusses the nature and consequences of these limitations, and possible avenues for reform.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Pablo S. Torre & Sison Torre, Sympathy for the Devil? Child Homicide, Victim Characteristics, and the Sentencing Preferences of the American Conscience.
Charles K. B. Barton (2001). Victim-Offender and Community Empowerment. International Journal of Applied Philosophy 15 (1):25-46.
Anne McLeer (1998). Saving the Victim: Recuperating the Language of the Victim and Reassessing Global Feminism. Hypatia 13 (1):41 - 55.
Yvonne McDermott, Some Are More Equal Than Others: Victim Participation in the International Criminal Court.
Claire Katz & Linda Radzik (forthcoming). The Ethical and Political Dimensions of Making Amends: A Dialogue. South Central Review.
M. Sigler (2000). The Story of Justice:Retribution, Mercy, and the Role of Emotions in the Capital Sentencing Process. [REVIEW] Law and Philosophy 19 (3):339-367.
Thaddeus Metz (2004). Legal Punishment. In Christopher Roederer & Darrel Moellendorf (eds.), Jurisprudence. Juta. 555-87.
Michael Davis (2000). Revenge, Victim's Rights, and Criminal Justice. International Journal of Applied Philosophy 14 (1):119-128.
Tyrone Kirchengast (2010). Proportionality in Sentencing and the Restorative Justice Paradigm: 'Just Deserts' for Victims and Defendants Alike? [REVIEW] Criminal Law and Philosophy 4 (2):197-213.
Added to index2009-01-28
Total downloads3 ( #290,439 of 1,098,956 )
Recent downloads (6 months)1 ( #287,052 of 1,098,956 )
How can I increase my downloads?