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dc.contributor.authorKirchengast, Tyrone
dc.date.accessioned2011-05-17
dc.date.available2011-05-17
dc.date.issued2011-05-17
dc.identifier.isbn978-1-74210-224-5
dc.identifier.urihttp://hdl.handle.net/2123/7376
dc.description.abstractVarious common law jurisdictions now allow for the representation of the victim in court in order to further integrate the victim into the criminal justice system. In certain common law jurisdictions, victim lawyers may now represent the interests of the victim during various parts of the criminal trial process, including pre-trial hearings and during sentencing. Such reforms have proven controversial and debate abounds as to the extent such lawyers may jeopardise the state’s control of the prosecution process or otherwise jeopardise a defendant’s right to a fair trial. While it is commonly agreed that various parts of the criminal trial process, including applications for bail, may significantly impact upon the victim and their family, the extent to which the victim ought to contribute to decision-making processes or contest substantive principles of law remains uncertain. This paper examines the extent to which victim lawyers may be usefully integrated into common law proceedings through a comparative analysis of the rise of victim lawyers in the United States and England. Possibilities for the integration of victim lawyers in Australia will be considered in the critical context of the ambit of the adversarial trial and the rights of the accused to a fair trial process.en_AU
dc.description.sponsorshipSydney Institute of Criminology; School of Social Sciences at the University of Western Sydneyen_AU
dc.language.isoen_AUen_AU
dc.publisherSydney Institute of Criminologyen_AU
dc.relation.ispartofseriesANZCCC2010en_AU
dc.rightsThe author retains copyright of this work.en_AU
dc.subjectvictimen_AU
dc.subjectlawyersen_AU
dc.subjectcritical criminologyen_AU
dc.titleThe Integration of Victim Lawyers into the Adversarial Criminal Trialen_AU
dc.typeConference paperen_AU
dc.contributor.departmentSydney Institute of Criminologyen_AU


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