The Public Interest and the Unconstitutionality of Private Prosecutors

Bessler, John D.

doi:10.2139/ssrn.1753201

Cited by 4 publications

(2 citation statements)

References 8 publications

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“…Initially, the state monopoly over the criminal proceedings began based on two arguments. Firstly, it was believed that the excessive private vengeance resulted in extreme social unrest (Bessler, 1994), and secondly, the forgiving propensity of few victims endangered the entire society (O'Hara, 2004), and hence, the state control over the system was considered the remedy. However, O'Hara has partly outlined the grounds on which the displacement of victims got rationalized.…”

Section: Literature Reviewmentioning

confidence: 99%

Ensuring Victims’ Participation in the Criminal Justice of Bangladesh

Rahman

2022

Int. J. Criminol. Sociol.

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It is seen that if the main actors in a criminal justice framework are to be identified, the most commonly identified would be the alleged, his legal representative, the prosecutor and the judge. In our current legal system, the victim appears to be one of the overlooked and disregarded parties, when in reality they should be considered a vital stakeholder in the criminal justice process to secure justice. Due to adversarial legal system in Bangladesh the burden of proof lies upon the prosecution or victim in a criminal proceeding. There is hence no comprehensive law securing rights and participation of victims in criminal justice system though few supports exist for them. In accessing the justice system, victims face numerous challenges and the plight of crime victims continues to go from bad to worse. In this background, the research relies on qualitative methods to explore their status, participation and challenges in the justice system and lastly recommends how to make the justice system victim oriented.

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Section: Literature Reviewmentioning

confidence: 99%

Ensuring Victims’ Participation in the Criminal Justice of Bangladesh

Rahman

2022

Int. J. Criminol. Sociol.

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“…105 Before the professionalization of public prosecution systems, private prosecutions, whereby the victim of crime or a murder victim's husband, wife, or next of kin would prosecute the offender, were also routine. 106 A victim or the victim's spouse or next of kin had the right to bring an action known as an appeal against a criminal for murder or another felony, and the motive was often revenge. As one academic, David Siepp, writes of the early common law approach: "Lawyers named vengeance as the motive for bringing appeals of felony.…”

Section: The Ancien Régime Versus the Enlightenmentmentioning

confidence: 99%

The Death Penalty's Denial of Fundamental Human Rights

Bessler

2022

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The Death Penalty's Denial of Fundamental Human Rights details how capital punishment violates universal human rights-to life; to be free from torture and other forms of cruelty; to be treated in a non-arbitrary, non-discriminatory manner; and to dignity. In tracing the evolution of the world's understanding of torture, which now absolutely prohibits physical and psychological torture, the book argues that an immutable characteristic of capital punishment-already outlawed in many countries and American states-is that it makes use of death threats. Mock executions and other credible death threats, in fact, have long been treated as torturous acts. When crime victims are threatened with death and are helpless to prevent their deaths, for example, courts routinely find such threats inflict psychological torture. With simulated executions and non-lethal corporal punishments already prohibited as torturous acts, death sentences and real executions, the book contends, must be classified as torturous acts, too.

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Prosecutorial Accountability and Victims' Rights in Latin America

Michel

2017

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The Public Interest and the Unconstitutionality of Private Prosecutors

Cited by 4 publications

References 8 publications

Ensuring Victims’ Participation in the Criminal Justice of Bangladesh

Ensuring Victims’ Participation in the Criminal Justice of Bangladesh

The Death Penalty's Denial of Fundamental Human Rights

Prosecutorial Accountability and Victims' Rights in Latin America

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