A New Model of the Criminal Justice Process: Victims’ Rights as Advancing Penal Parsimony and Moderation

Criminal Law Forum (2019) 30:2 201–223

23 Pages Posted: 28 Feb 2020

See all articles by Marie Manikis

Marie Manikis

McGill University - Faculty of Law

Date Written: 2019

Abstract

In common law jurisdictions, theoretical models of the criminal process were developed to enable a greater understanding of the values and forces behind this process. This article discusses victim engagement in the process with a particular look at their contribution to punitiveness during the prosecution and court proceedings. It argues that although existing models remain useful, a complementary model should be added that accounts for recent victim-initiatives, as well as empirical knowledge in the area of victim participation. This model posits that victim participation does not necessarily advance punitiveness and when advancing non-punitive aims, it does not necessarily operate within a restorative justice framework. The proposed model conceives victim participation as contributing to penal parsimony and moderation in criminal proceedings.

Keywords: models; victim participation; penal parsimony and moderation

Suggested Citation

Manikis, Marie, A New Model of the Criminal Justice Process: Victims’ Rights as Advancing Penal Parsimony and Moderation (2019). Criminal Law Forum (2019) 30:2 201–223, Available at SSRN: https://ssrn.com/abstract=3466405 or http://dx.doi.org/10.2139/ssrn.3466405

Marie Manikis (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec H3A 1W9
Canada

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