Victim-Perpetrator Reconciliation Agreements in Murder Cases: What Can Muslim-Majority Jurisdictions and the PRC Learn from Each Other?

Pascoe, Daniel; Miao, Michelle

doi:10.2139/ssrn.2919163

Cited by 1 publication

(1 citation statement)

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“…Finally, within the common law world, the most intimate decision-making power enjoyed by victims in clemency proceedings can be found in Islamic-majority nations which have incorporated Islamic Law precepts into their constitutional law and positive criminal law. These nations include former British colonies the Maldives, Nigeria, Pakistan and the United Arab Emirates (Pascoe and Miao, 2017: 964 n1, 968 n38). A representative example is Pakistan, a nation whose legal system is based both on the British common law as a former colony, but also on Islamic Law precepts within the holy texts - the Quran, Sunnah and Hadiths (Lau, 1994: 6).…”

Section: Real and Hypothetical Examples Of Victim Engagement In The Ementioning

confidence: 99%

Making sense of the victim’s role in clemency decision making

Pascoe¹,

Manikis

2018

International Review of Victimology

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This article discusses victim engagement with the executive clemency process from a normative perspective. The authors’ aim is to explore the existing models of victim participation in clemency decision making in common law jurisdictions, in order to determine whether these possess any sound theoretical basis. The article brings together the academic literatures on victim participation and clemency functionality in order to ground the analysis. In brief, the authors' main finding is that victim involvement in clemency decision making can indeed be supported by the theoretical literature, albeit to a more limited extent than is currently practised in some common law jurisdictions. In light of the theoretical underpinnings of clemency in democratic societies and the literature on victim participation, the authors conclude by making several ‘best practice’ recommendations for future policy-making.

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Section: Real and Hypothetical Examples Of Victim Engagement In The Ementioning

confidence: 99%