Tyrone Kirchengast's Books

Victimology and Victim Rights

International comparative perspectives

By: Tyrone Kirchengast

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Victimology and Victim Rights

International comparative perspectives

By: Tyrone Kirchengast

This book examines the international, regional and domestic human rights frameworks that establish victim rights as a central force in law and policy in the twenty-first century. Accessing substantial source material that sets out a normative framework of victim rights, this work argues that despite degrees of convergence, victim rights are interpreted on the domestic level, in accordance with the localised interests of victims and individual states. The transition of the victim from peripheral to central stakeholder of justice is demonstrated across various adversarial, inquisitorial and hybrid systems in an international context. Examining the standing of victims globally, this book provides a comparative analysis of the role of the victim in the International Criminal Court, the ad hoc tribunals leading to the development of the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda, together with the Extraordinary Chambers of the Courts of Cambodia, Special Panels of East Timor (Timor Leste), and the Internationalised Panels in Kosovo. The instruments of the European Parliament and Council of Europe, with the rulings of the European Court of Justice, and the European Court of Human Rights, interpreting the European Convention of Human Rights, are examined. These instruments are further contextualised on the local, domestic level of the inquisitorial systems of Germany and France, and mixed systems of Sweden, Austria and the Netherlands, together with common law systems including, England and Wales, Ireland, Scotland, USA, Australia, Canada, New Zealand, India, South Africa, and the hybrid systems of Japan and Brazil. This book organises the authoritative instruments while advancing debate over the positioning of the victim in law and policy, as influenced by global trends in criminal justice, and will be of great interest to scholars of international law, criminal law, victimology and socio-legal studies.

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Page Count

279

Publisher

Taylor & Francis

Published Date

ISBN 10

1317002296

ISBN 13

9781317002291

Victimology and Victim Rights

International comparative perspectives

By: Tyrone Kirchengast

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Victimology and Victim Rights

International comparative perspectives

By: Tyrone Kirchengast

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349

Publisher

Routledge

Published Date

ISBN 10

1317002288

ISBN 13

9781317002284

Victims and the Criminal Trial

By: Tyrone Kirchengast

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Victims and the Criminal Trial

By: Tyrone Kirchengast

This book addresses the idea that victims remain contested and controversial participants of justice in the twenty-first century adversarial criminal trial. Victims are increasingly participating in all phases of the criminal trial, with new substantive and procedural rights, many of which may be enforced against the state or defendant. This movement to substantive rights has been contentious, and evidences a contested terrain between lawyers, defendants, policy-makers and even victims themselves. Bringing together substantial source materials from law and policy, this book sets out the rights and powers of the victim throughout the phases of the modern adversarial criminal trial. It examines the role of the victim in pre-trial processes, alternative pathways and restorative intervention, the jury trial, sentencing, appeal and parole. Preventative detention, victim registers, criminal injuries compensation and victim assistance, restitution and reparations, and extra-curial rights and declarations are examined to set out the rights of victims as they impact upon and constitute aspects of the modern criminal trial process. The adversarial criminal trial is also assessed in the context of the increased rights of victims in international law and procedure, and with reference to policy transfer between civil and common law jurisdictions. This timely and comprehensive book will be of great interest to scholars of criminology, criminal law and socio-legal studies.

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360

Publisher

Springer

Published Date

ISBN 10

1137510005

ISBN 13

9781137510006

Victims and the Criminal Trial

By: Tyrone Kirchengast

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Victims and the Criminal Trial

By: Tyrone Kirchengast

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360

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Springer

Published Date

ISBN 10

1137510005

ISBN 13

9781137510006

The Criminal Trial in Law and Discourse

By: T. Kirchengast

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The Criminal Trial in Law and Discourse

By: T. Kirchengast

This book examines how the modern criminal trial is the result of competing discourses of justice, from human rights to state law and order, that allows for the consideration of key stakeholder interests, specifically those of victims, defendants, police, communities and the state.

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Palgrave Macmillan

Published Date

ISBN 10

0230577857

ISBN 13

9780230577855

The Victim in Criminal Law and Justice

By: Tyrone Kirchengast

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The Victim in Criminal Law and Justice

By: Tyrone Kirchengast

Utilizing Foucault's genealogical method, this book traces the history and development of the victim from feudal law, arguing that the historical power of the victim to police, prosecute, and punish offenders significantly informed the development of the modern criminal law and justice system. Leading to the repositioning of the victim into the twenty-first century, this book advocates the victim as an agent of change, presenting a new perspective for the relevance of the victim in today's justice system.

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272

Publisher

Palgrave Macmillan

Published Date

ISBN 10

140398610X

ISBN 13

9781403986108

Waller & Williams Criminal Law

Text and Cases

By: Penny Crofts,Wayne Thomas Crofts,Stephen Gray,Bronwyn Glynis Naylor,Tyrone Kirchengast,Steven Tudor

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Waller & Williams Criminal Law

Text and Cases

By: Penny Crofts,Wayne Thomas Crofts,Stephen Gray,Bronwyn Glynis Naylor,Tyrone Kirchengast,Steven Tudor

This new edition of the classic Waller & Williams Criminal Law text retains its relevance in legal and policy debates in criminal justice, providing a critical analysis of legal developments while remaining accessible for students in law schools. The 13th edition includes new leading cases from the principal appellate courts in New South Wales, Victoria and the High Court of Australia, as well as the latest legislative provisions that have significantly changed the fabric of the criminal law. This book unites the principal authoritative sources of the criminal law and a critical appraisal and evaluation of its doctrines. It offers comparative and policy insights into legal developments of the two common law jurisdictions of Victoria and New South Wales. Features* Clear structure for each offence * Contextual notes on the development of the law and its application * Critical policy appraisal of legal developments * Extracts of key cases supplemented with explanations and illustrations Related Titles Crofts, Criminal Law Elements, 5th ed, 2015 Howie & Johnson, LNAA Annotated Criminal Legislation New South Wales, 2016-2017 Nash, LNAA Annotated Criminal Legislation Victoria, 2016-2017

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ISBN 10

0409343889

ISBN 13

9780409343885

Waller and Williams Criminal Law Text and Cases, 14th Edition

By: Crofts et al,Penny Crofts,author. Crofts (Penny),Wayne Thomas Crofts,Stephen Gray,Tyrone Kirchengast,Bronwyn Glynis Naylor,Steven Tudor

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Waller and Williams Criminal Law Text and Cases, 14th Edition

By: Crofts et al,Penny Crofts,author. Crofts (Penny),Wayne Thomas Crofts,Stephen Gray,Tyrone Kirchengast,Bronwyn Glynis Naylor,Steven Tudor

Waller & Williams Criminal Law provides a critical yet accessible analysis of criminal law in New South Wales and Victoria. It includes comprehensive coverage of all key principles, combining selected principal sources of the criminal law with critical appraisal and evaluation of its doctrines. Current legal and policy debates in criminal justice are highlighted and comparative and policy insights into legal developments of the two common law jurisdictions are provided. The clear discussion and analysis of criminal law concepts makes it an ideal resource for law students and the authoritative discussion is an essential reference for practitioners in the area. The 14th edition includes new leading cases from the principal appellate courts in New South Wales, Victoria and the High Court of Australia, as well as the latest legislative provisions. Recent developments include: * changes to the Victorian law on attempted rape * new incitement offences in NSW * significant new cases on the mental element for drug importation * changes to the law of excessive self defence, and abortion, in NSW * new cases on duress as a defence to murder in Victoria * sexual assault and cognate offences, including law of mistake and affirmative consent Features * Clear structure for each offence * Contextual notes on the development of the law and its application * Critical policy appraisal of legal developments * Extracts of key cases supplemented with explanations and illustration Related Titles * Crofts, Criminal Law Elements, 6th ed, 2018 * Finlay & Kirchengast, Criminal Law in Australia, 2nd ed, 2020 * Howie & Johnson, Annotated Criminal Legislation NSW, 2019-2020 * Nash, Annotated Criminal Legislation Victoria, 2019-2020

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ISBN 10

0409350885

ISBN 13

9780409350883

Book's by Tyrone Kirchengast

Victimology and Victim Rights

Victimology and Victim Rights

Victimology and Victim Rights

Victimology and Victim Rights

Victims and the Criminal Trial

Victims and the Criminal Trial

Victims and the Criminal Trial

Victims and the Criminal Trial

The Criminal Trial in Law and Discourse

The Criminal Trial in Law and Discourse

The Victim in Criminal Law and Justice

The Victim in Criminal Law and Justice

Waller & Williams Criminal Law

Waller & Williams Criminal Law

Waller and Williams Criminal Law Text and Cases, 14th Edition

Waller and Williams Criminal Law Text and Cases, 14th Edition

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