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Words: | Submitted: Mon Jun 19 2006
... needed if it is claimed that victims have procedural rights in the criminal process. Should the victim have the right to be consulted on the decision whether or not to prosecute, on the bail/custody decision? The answer to these questions depends on the proper purposes of the criminal process. The overall purpose might be described as 'the restoration into safe communities of victims and offenders who have resolved their conflicts'. This places a form of mediation between victim and offender at the centre of criminal procedure, with compensation from offender to victim as a significant element. Sentencing should be left to the judiciary, for they alone are able to weigh the facts of the case without worrying about public opinion and the numerous 'moral panics' which are further heightened by the sensationalist press. Victims should never have a say in sentencing as their opinions can never be objective and can only be ...
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