Title

Two Scales of Justice: A Reply

Document Type

Article

Publication Date

1993

Source Publication

Criminal Law Quarterly. Volume 35 (1993), p. 355-375.

Keywords

Benefits; Canada; criminal justice; criminal law; Victim Impact Statement Programme; Victim Statements; Victims' Rights

Abstract

Victims' rights tend to be associated with a conservative, crime-control agenda, and this association is borne out by some of the American reforms that do serve to erode an accused's constitutional rights. However, this erosion is neither natural nor inevitable and can easily be prevented. The current disdain with which the public view the criminal process should compel lawmakers to consider deep structural reforms that will include greater respect for the victims of crime. In order for North American jurisdictions to accommodate fully the needs of victims, it may be necessary for lawmakers to streamline the process by reducing the excesses of overcriminalization, however, even without this deep structural reform, there should be no principled reason to resist the incremental change of allowing victim participation at the post-conviction stage. Putting a human face on the sentencing process will help in combating the legitimacy crisis that plagues North American criminal justice.

Creative Commons License

Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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