Rethinking the Role of Victims in Criminal Proceedings : Lawyers’ Normative Repertoire in France and the United States
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2014
- ISIDORE Id: 10670/1.045af5...
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Janine Barbot et al., « Rethinking the Role of Victims in Criminal Proceedings : Lawyers’ Normative Repertoire in France and the United States », Revue française de science politique, ID : 10670/1.045af5...
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The extension of victims’ prerogatives in criminal proceedings has given rise to many years of heated debate, both in France and the United States. Through an examination of the doctrinal work undertaken by lawyers in both countries since the 1980s, this article highlights the “normative repertoire” with which they consider the role of victims in a trial. This repertoire is structured around a series of expectations for both the conduct of criminal proceedings (objectivity of judgment, fair trial, and reasonable amount of suffering) and its purposes. The article shows how the debate around victims helps reshape those expectations and how the lines of division and rapprochement between lawyers are drawn. It outlines new perspectives concerning how this doctrinal work connects with penal policies which have traditionally been characterised by the opposition between repressive and liberal stances.
