Skip to main content
SpringerLink
Log in
Palgrave Macmillan
Book cover

Victims and the Criminal Trial

  • Book
  • © 2016

Overview

Authors:
  1. Tyrone Kirchengast

    1. Faculty of Law, University of New South Wales, Sydney, Australia

    View author publications

    You can also search for this author in PubMed   Google Scholar

  • Shortlisted for the LSAANZ (Law and Society Association of Australia and New Zealand)
  • Annual Publication Prize 2017

Part of the book series: Palgrave Studies in Victims and Victimology (PSVV)

This is a preview of subscription content, log in via an institution to check access.

Access this book

Log in via an institution
eBook USD 119.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Hardcover Book USD 159.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access

Licence this eBook for your library

Institutional subscriptions

Table of contents (9 chapters)

  1. Front Matter

    Pages i-xxvii
    Download chapter PDF

  2. Victims and the Criminal Trial Process

    • Tyrone Kirchengast
    Pages 1-46

  3. Pre-Trial Processes: Arrest, Bail, Discovery and Prosecution Decision-Making

    • Tyrone Kirchengast
    Pages 47-83

  4. Alternative Pathways: Restoration, Intervention and Community Justice

    • Tyrone Kirchengast
    Pages 85-123

  5. Trial by Jury

    • Tyrone Kirchengast
    Pages 125-169

  6. Sentencing

    • Tyrone Kirchengast
    Pages 171-204

  7. Appeals, Punishment and Parole

    • Tyrone Kirchengast
    Pages 205-233

  8. Compensation and Victim Assistance

    • Tyrone Kirchengast
    Pages 235-265

  9. Extra-Curial Rights, Declarations and the Rise of the Commissioner of Victim Rights

    • Tyrone Kirchengast
    Pages 267-290

  10. Victims and Substantive and Procedural Justice

    • Tyrone Kirchengast
    Pages 291-307

  11. Back Matter

    Pages 309-339
    Download chapter PDF
Back to top

Keywords

About this book

This book addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in all phases of the criminal trial, with new substantive and procedural rights, many of which may be enforced against the state or defendant. This movement to substantive rights has been contentious, and evidences a contested terrain between lawyers, defendants, policy-makers and even victims themselves. 


Bringing together substantial source materials from law and policy, this book sets out the rights and powers of the victim throughout the phases of the modern adversarial criminal trial. It examines the role of the victim in pre-trial processes, alternative pathways and restorative intervention, the jury trial, sentencing, appeal and parole. Preventative detention, victim registers, criminal injuries compensation and victim assistance, restitution and reparations, and extra-curial rights and declarations are examined to set out the rights of victims as they impact upon and constitute aspects of the modern criminal trial process. The adversarial criminal trial is also assessed in the context of the increased rights of victims in international law and procedure, and with reference to policy transfer between civil and common law jurisdictions. This timely and comprehensive book will be of great interest to scholars of criminology, criminal law and socio-legal studies.

Reviews

“In an era where the archetypal organisation of the criminal trial is increasingly subject to question, Tyrone Kirchengast provides an illuminated and thought-provoking analysis of the various ways in which victims have come to exercise participatory rights within hitherto exclusionary systems of justice. Cogently argued, rigorously researched, and highly readable, this book is undoubtedly a 'must read' for policymakers, legal practitioners and academics in the field of criminal justice.” (Jonathan Doak, Professor of Law, Durham University, UK)

Authors and Affiliations

  • Faculty of Law, University of New South Wales, Sydney, Australia

    Tyrone Kirchengast

About the author

Tyrone Kirchengast is Senior Lecturer in Criminal Law at the University of New South Wales, Australia. His research focuses on criminal law and justice, with particular interest in victims of crime, comparative criminal justice, and the development of institutions of criminal law and justice. He has published widely on the integration of victims in the criminal trial and is the author of The Victim in Criminal Law and Justice (2006), The Criminal Trial in Law and Discourse (2010) and Criminal Law in Australia (with L. Finlay, 2014).

Bibliographic Information

Publish with us

Policies and ethics

Back to top

Search

Navigation