The Voiceless Victim: A critical analysis of the impact of enhanced victim participation in the criminal justice process
In contrast to many European jurisdictions, the victim of an alleged crime in England, Wales and Northern Ireland is denied any form of meaningful participation at the trial stage of the criminal justice process. This is by reason of the unyielding structure of the Anglo-American adversarial system, which facilitates a dispute between two parties only - the prosecution, acting on behalf of the collective public interest and the defence. In recent years, however, the victims’ movement has gained momentum as advocates of victims’ rights have been engaged in an impassioned campaign to enhance the participatory rights of victims in the criminal justice process. Fervent arguments have been articulated pertaining to the value of various forms of victim input. This paper cogitates some of these arguments and critically evaluates how enhanced victim participation in the criminal justice process has the potential to undercut the integrity of the Anglo- American adversarial system; a system with objective adjudication at its core.
Work published in the IALS Student Law Review is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.
Those who contribute items to IALS Student Law Review retain author copyright in their work but are asked to grant two licences. One is a licence to the Institute of Advanced Legal Studies, School of Advanced Study of the University of London, enabling us to reproduce the item in digital form, so that it can be made available for access online in the open journal system and repository and website. The terms of the licence which you are asked to grant to the University for this purpose are as follows:
'I grant to the University of London the irrevocable, non-exclusive royalty-free right to reproduce, distribute, display, and perform this work in any format including electronic formats throughout the world for educational, research, and scientific non-profit uses during the full term of copyright including renewals and extensions'
The other licence is for the benefit of those who wish to make use of items published online in IALS Student Law Review and stored in the e-repository. For this purpose we use a Creative Commons licence allowing others to download your works and share them with others as long as they mention you and link back to your entry in IALS Student Law Review and/or SAS-SPACE, but they can't change them in any way or use them commercially