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
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
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