Explore the reasons why victim participation creates tension and conflict in the contemporary criminal justice system.
Literature Review
Explore the reasons why victim participation creates tension and conflict in the contemporary criminal justice system.
Introduction
The purpose of this literature review is to explore the impact of victim statements in the contemporary criminal justice system and observe how it can create tension and conflict in the courtroom between the victim, and the courts process itself. There are two pieces of literature used as the focal point of this review, they are; Tracey Booth’s journal article from the Australian & New
Zealand Journal of Criminology entitled ‘Cooling out’ (2012), and the third chapter from James
Dignam’s published University text entitled ‘Victims and the Criminal Justice System’. The focus of Booths articles is on managing the victim’s participation in the sentencing process in order to reduce tension and conflict from within the courtroom as she currently believes it presents itself as a contentious aspect of the criminal process. Whereas, Dignam believes victim participation is a necessary part of the criminal justice system and a needed aspect in order to provide victims with substance for closure and to allow victims to believe and have trust in the justice system which ensures criminal activity is brought forward to the criminal justice system. The main components of each article’s particular view on the subject will be summarised and critiqued in this literature review in order to distinguish the differences in both substance of content, credibility of information and relevance to the issue.
Summary of Booth’s literature
According to Booth (2012) oral victim impact statements or VISs are a contentious part of the criminal justice system that creates both tension and conflict when they are not regulated by sufficient cooling out procedures. The reason behind this association is demonstrated by Booth in the example of Borthwick case in 2010 which occurred in Victoria. Family members VISs were amended the
Explore the reasons why victim participation creates tension and conflict in the contemporary criminal justice system.
Introduction
The purpose of this literature review is to explore the impact of victim statements in the contemporary criminal justice system and observe how it can create tension and conflict in the courtroom between the victim, and the courts process itself. There are two pieces of literature used as the focal point of this review, they are; Tracey Booth’s journal article from the Australian & New
Zealand Journal of Criminology entitled ‘Cooling out’ (2012), and the third chapter from James
Dignam’s published University text entitled ‘Victims and the Criminal Justice System’. The focus of Booths articles is on managing the victim’s participation in the sentencing process in order to reduce tension and conflict from within the courtroom as she currently believes it presents itself as a contentious aspect of the criminal process. Whereas, Dignam believes victim participation is a necessary part of the criminal justice system and a needed aspect in order to provide victims with substance for closure and to allow victims to believe and have trust in the justice system which ensures criminal activity is brought forward to the criminal justice system. The main components of each article’s particular view on the subject will be summarised and critiqued in this literature review in order to distinguish the differences in both substance of content, credibility of information and relevance to the issue.
Summary of Booth’s literature
According to Booth (2012) oral victim impact statements or VISs are a contentious part of the criminal justice system that creates both tension and conflict when they are not regulated by sufficient cooling out procedures. The reason behind this association is demonstrated by Booth in the example of Borthwick case in 2010 which occurred in Victoria. Family members VISs were amended the
References: Booth, T 2012, "‘Cooling out’ victims of crime: managing victim participation in the sentencing process in a superior sentencing court", Australian & New Zealand Journal of Criminology, Vol. 45 No. 2, pp 214-230 Dignan, J 2005, “Victims and the criminal justice system”, in Understanding victims and restorative justice, Open University Press, Berkshire, UK, pp 62-93