The victim in criminal law and justice /

The victim in criminal law and justice /

Saved in:
Bibliographic Details
Author / Creator:Kirchengast, Tyrone, 1978-
Imprint:Houndmills, Basingstoke, Hampshire ; New York : Palgrave Macmillan, 2006.
Description:ix, 261 p. ; 23 cm.
Language:English
Subject:
Victims of crimes -- Legal status, laws, etc. -- Great Britain.
Prosecution -- Great Britain.
Criminal justice, Administration of -- Great Britain.
Victims of crimes -- Legal status, laws, etc. -- England -- History.
Prosecution -- England -- History.
Criminal justice, Administration of -- England -- History.
Criminal justice, Administration of.
Prosecution.
Victims of crimes -- Legal status, laws, etc.
England.
Great Britain.
History.
Format: E-Resource Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/6208081
Hidden Bibliographic Details
ISBN:140398610X (cloth)
9781403986108 (cloth)
Notes:Includes bibliographical references (p. 241-252) and index.
Table of Contents:
  • 1. The Victim as Concept
  • The victim, criminology and the state
  • The shift from feudal property relations to the state
  • The undisciplined society, the state and the victim
  • The autonomous state and the victim
  • Governmentality
  • The milieu of the victim in history and discourse
  • 2. Private Prosecution
  • Social conditions and the government of private disputes from 1066 to the thirteenth century
  • Changing social and political conditions 1066-1200
  • The influence of the church
  • The hundred courts and county courts
  • Private prosecution and settlement 1066-1500
  • Types of appealable offences and modes of proof
  • The social context of private prosecution
  • Appeal procedure and the rise of presentment
  • The development of prosecution under the Crown
  • Appeals in gaol delivery and the curia regis
  • Prosecution by the King's approver's
  • The erosion of the common law power of the victim
  • The abolition of private settlement
  • The writ of trespass
  • The rise of statutory courts of criminal jurisdiction
  • The decline of the general eyre
  • Felony, misdemeanour and communal order
  • The rise of the justice of the peace and the court of quarter sessions
  • The King's peace and the emergence of criminal law
  • The transfer of victim power to the Crown
  • 3. Public Prosecution
  • Changing social conditions and the public regulation of criminal justice
  • Prosecution associations for the apprehension of felons
  • House of Commons debates as to the Office of a Director of Public Prosecutions
  • Power of intervention: private prosecution, the Attorney-General and nolle prosequi
  • Commencement of proceedings
  • The Crown Prosecution Service and the ODPP
  • The decision to prosecute and the Crown Prosecution Service
  • Judicial review of the ODPP's decision to stay criminal proceedings
  • Private prosecution
  • Procedural constraints on private prosecution
  • The ODPP and the interests of the victim: R v AEM Snr; R v KEM; R v MM [2002] NSWCCA 58
  • The emergence of civil remedies for want of prosecution
  • The rise of defendant rights and limitations on the discretion of the prosecutor in the law of evidence
  • Prosecutions and the social
  • 4. Police
  • Early modes of policing and the King's peace 900-1830
  • Victim power and the hue and cry
  • Frankpledge and the keeping of community peace
  • The office of justice of the peace as keeper of the peace
  • The rise of the constable
  • The rise of the parish constable
  • Problems with the office of constable and the collapse of the old system of policing
  • The development of a modern police force under the Metropolitan Police Act 1829 UK
  • The history of policing and the Metropolitan Police Bill 1829 UK
  • Changes instituted by the Metropolitan Police Act 1829 UK and the continued relevance of the victim
  • The rise of metropolitan policing and the victim
  • The modern police and common law powers of arrest
  • Statutory and common law powers of police prosecution
  • Police as prosecutors: issues and tensions
  • Police, private prosecution and the ODPP
  • Private prosecution after charge by the police: R v Ealing Magistrates' Court Ex parte Dixon (1989) 2 All ER 1050
  • The victim and modern policing
  • Policing: a victim power
  • 5. Prisons, Penalty and Punishment
  • The history of punishment and the victim
  • Private settlement and victim discretion in antiquity
  • Punishment, church and state
  • Punishment and the King's peace
  • History of the English prison 1150-2000
  • The introduction of new punishments and the decline of private settlement: 1150-1700
  • The emergence of houses of correction, prisoner reform and the state: 1700-1850
  • The genesis of the modern prison: 1850-today
  • Criminology
  • Liberal perspectives
  • Scientific positivism and the birth of the criminal individual
  • Social theory and the human sciences
  • Neo-liberal perspectives
  • Modern penology and modes of reform
  • From vengeance to the rehabilitation of the offender
  • Just deserts and retributivism
  • Shaming and reintegration
  • Victim-offender mediation
  • Governmentality, punishment and the victim
  • 6. The Erosion of the Victim and the Rise of State Power from 1600
  • The victim and the development of criminal law from 1600
  • The expansion of treacherous offences
  • Statutory amendment of the common law
  • The court of Star Chamber and the growth of misdemeanour offences
  • The growth of criminal procedure
  • Growth of the substantive law of homicide
  • Growth of the substantive law of assault
  • Larceny and theft
  • Inchoate offences
  • The development of criminal proof and intent
  • The expansion of public order offences into the twentieth century
  • The decline of the jury
  • Criminal informations and private prosecution
  • The exclusion of the victim and the consolidation of criminal law
  • 7. Emergence of the Victim Rights Movement
  • Factors influencing the rise of victim rights
  • The introduction of state controlled victim compensation programs
  • The rise of victimology
  • The rise in women's consciousness and feminism
  • The rise in crime, new crimes, fear of crime, and the media
  • Victim power and agency at common law
  • Growth of victim agency and advocacy at the local and state level
  • The rise of a general critique of state domination
  • Victim rights groups: four examples
  • Mothers Against Drunk Driving, California, USA
  • Victims of Crime Assistance League, NSW, Australia
  • Parents for Megan's Law, New York, USA
  • Victim Support, UK
  • Victim rights, genealogy and the state
  • 8. Relocating the Victim in Common Law and Statute
  • Common law change and the relocation of the victim from 1970
  • Private prosecution
  • Victim impact statements
  • The victim and due process
  • Victim experience in provocation and drug law
  • Apprehended violence orders
  • Changes to the law of double jeopardy
  • A statutory space for victims: the rise of criminal injuries compensation and victim assistance programs
  • Victim assistance as a source of limited judicial participation
  • The need for personal retribution
  • The dominance of the state in administering compensation
  • Risk minimisation and victim protection
  • Removal of the victim from the common law
  • The victim vs the state and the consolidation of criminal law
  • Conflict as property: victim owned conflict and the genesis of criminal law and justice
  • Victim history, genealogy and the development of criminal law and justice
  • 9. The Victim as an Agent of Criminal Law and Justice
  • The victim and the growth of criminal law and justice
  • Themes revisited: criminal law and the state
  • The governmentalisation of criminal law: the victim, the state and decentralised justice
  • The future of victim relations: consequences for legal theory and practice
  • Notes
  • References
  • Index

Similar Items