Bibliothèque des droits des victimes

The article explores the evolving role of victims in common law jurisdictions. Historically, victims were mere witnesses, but their role has evolved to become active participants with increased rights, including the right to seek review of decisions affecting their interests. The author bases her analysis on Edwards' model of participation, which distinguishes between dispositive participation and non-dispositive participation . She proposes extending this model by adding an accountability role, where victims act as watchdogs for procedural and substantive errors by judges and prosecutors. In addition, review mechanisms, such as the Victims' Right to Review Scheme (VRRS) in England and Wales, allow victims to challenge decisions not to prosecute, with a standard of review based on correctness.However, this development raises questions about the impact on the principles of finality, independence of decision-makers and separation of powers, and may reinforce a trend towards a more punitive criminal justice model.

This article examines the impact of risk management logics on Crown attorneys' decisions regarding the use of restorative justice programs in Ontario, Canada. Through in-depth interviews with prosecutors, the study reveals that they condition the use of restorative justice on its ability to reduce the risk of re-offending, often to the detriment of victims' needs. Prosecutors see restorative justice as a risk management tool to protect society, which can compromise the traditional victim-centered goals of restorative justice. The article highlights the challenges of institutionalizing restorative justice in the Canadian criminal justice system, and calls for a better understanding of this dynamic.

L'article explore la justice restaurative comme une alternative complémentaire au système de justice pénale traditionnel. ​ Il souligne que cette approche, qui existe depuis longtemps, vise à rétablir le lien social endommagé par les infractions en impliquant les victimes, les auteurs et leurs communautés dans des ateliers de dialogue et de réparation. ​ La justice restaurative ne s'oppose pas à la justice pénale mais la complète en offrant un espace de dialogue et de compréhension mutuelle. ​ L'article détaille divers types d'ateliers restauratifs, comme les cercles de sentence et les conférences de groupe familial, et met en avant les bienfaits de cette approche, notamment la réduction de la récidive et l'apaisement des participants.

This article explores the evolving conception of victims in criminal justice systems in England and Wales, as well as in the United States. The author proposes a framework that places victims' private and public interests on a spectrum, enabling a better understanding of their role and participation in these jurisdictions. In England and Wales, victims are traditionally seen as citizens with public and private interests, playing an important role in the administration of justice, notably through private prosecutions and mechanisms for reviewing prosecution decisions. This conception is rooted in unitary theories of the public interest, in which victims contribute directly to the public interest. In the United States, victims are primarily perceived as entities with private interests distinct from those of the state. The victims' rights movement has reinforced this conception, insisting on the recognition and protection of victims' individual interests in the criminal process. Victim participation mechanisms such as impact statements and restitution rights illustrate this approach. The article concludes that the conception of victims oscillates between public and private categories.

This article proposes a new model for victim participation in the criminal justice process. Traditionally, criminal justice models, such as those of Herbert Packer and Kent Roach, have emphasized approaches that focus on crime control, respect for the legal process, and victims' rights, either punitively or non-punitively within a restorative justice framework. The author argues that victim participation does not necessarily lead to an increase in punitiveness and can, on the contrary, promote penal parsimony and moderation. She proposes a complementary model that integrates recent initiatives and empirical knowledge on victim participation, showing that victims can share common interests with defendants, such as preventing unjust convictions and promoting state accountability. She proposes also a model of criminal justice that recognizes the contribution of victims to values of moderation, parsimony, mercy, and non-punitivity, while remaining within a liberal criminal justice framework.

The article discusses restorative justice and its effectiveness in meeting the needs of crime victims, highlighting criticisms and proposals for victim-centered approaches. The author explores restorative justice and its impact on victims of crime. It criticizes John Braithwaite's model, which focuses primarily on the rehabilitation of offenders, often to the detriment of victims' needs. While restorative justice can offer benefits to victims, such as recognition of their suffering and reparation for damages, it is often perceived as instrumentalizing victims to achieve offender-related goals. The author proposes a distinct approach called restorative justice, focused on victims and their specific needs. This approach includes three pillars: reparation encompasses various forms, such as restitution, compensation and apology, as well as preventive and rehabilitative measures. Procedural rights ensure that victims can effectively seek and obtain justice, while procedural justice focuses on victims' perceptions of justice and trust.

The article discusses restorative practices focused on victims of sexual violence and their healing potential for restoring victims' confidence and self-esteem. The authors, examine how these practices can help restore victims' confidence and self-esteem. Based on semi-structured interviews with 18 victims in Canada, the study reveals that restorative practices, such as victim-offender dialogue, can have a significant therapeutic effect, helping victims move forward in their healing process. The results show that these practices offer victims a voice and a sense of control, often absent in the traditional criminal justice system. The authors conclude that restorative practices should be seen as a support tool for victims, rather than simply an alternative to the criminal justice system.

The article examines the perception of justice by victims of crimes against humanity in Guinea, focusing on the authoritarian regimes of Sékou Touré (1958-1984) and Moussa Dadis Camara (2009). The crimes include murder, rape and torture. Victims demand justice, which for them mainly means punishment and reparation. Justice is seen as a means of preventing future crimes and restoring trust in the authorities. The article uses justice theory to analyze victims' expectations and highlights the importance of procedural, distributive and interactional justice for reconciliation and sustainable peace.

The articles examines developments in the principles of open justice and victim privacy since 2003. It highlights changes in case law and legislation, including significant reforms to the Canadian Criminal Code and the introduction of the Canadian Charter of Victims' Rights. The article also discusses the impact of technology on open justice, as well as cultural and social transformations related to sexual offenses.

The document addresses access to justice for victims of economic exploitation in the context of intimate partner violence (IPV). It highlights the prevalence and consequences of economic exploitation, a type of abuse in which the abuser exploits the victim's economic resources for his or her own benefit. The document identifies the main obstacles victims face in accessing justice, including systemic barriers, lack of understanding of the legal profession and ineffective remedies available. It proposes specific actions to help lawyers, judges and legislators recognize and address economic exploitation, emphasizing the importance of education, best practice and legislative reform in improving outcomes for victims.