A comparative study of the formation of doctrinal directions of the institution of legal protection of crime victims in the USA and the United Kingdom of Great Britain and Northern Ireland
- Authors: Andrusenko S.P.1
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Affiliations:
- State University of Land Use Planning
- Issue: Vol 27, No 4 (2023)
- Pages: 1028-1042
- Section: CRIMINAL LAW AND CRIMINOLOGY
- URL: https://journals.rudn.ru/law/article/view/36901
- DOI: https://doi.org/10.22363/2313-2337-2023-27-4-1028-1042
- EDN: https://elibrary.ru/MHHJJA
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Abstract
The United States and the United Kingdom of Great Britain and Northern Ireland have a long history of forming and developing legal protection of the rights of crime victims, which is based on the recognition of state responsibility for the failure to protect society from crime and provision of comprehensive support to crime victims, including compensation, benefits, medical care, social services, support of specialized public organizations. At the same time, the norms of public law regulating state compensation for harm to victims of crime are important. In fact, a study of the leading legal institutions of the United Kingdom of Great Britain and Northern Ireland, which has accumulated positive regulatory and legal experience in ensuring the rights of crime victims and their legal protection, which can be perceived as legislative novelties in the Russian Federation, is indicative. The relevance of the topic is also conditioned by the social significance of the issue of legal protection of the rights of crime victims, as well as the legal reality that has developed in the Russian Federation in the field of legislative regulation of the status of victims of criminal offenses, which directly affects the right to compensation for harm caused to them.
About the authors
Sergey P. Andrusenko
State University of Land Use Planning
Author for correspondence.
Email: lawyer.cardio@mail.ru
ORCID iD: 0000-0002-8370-8543
Lecturer of the Department of Public Law
15 Kazakov str., Moscow, 105064, Russian FederationReferences
- Antkowiak, T. (2002) Truth as right and remedy in international human rights experience. Michigan Journal of International Law. 23(4), 977-1013.
- Arrigo, B.A. (ed.). (2014) Encyclopedia of Criminal Justice Ethics. Sage Publications.
- Ashworth, A. (2005) Sentencing and Criminal Justice. Fourth edition. Cambridge, Cambridge University Press.
- Burdett-Smith, P. (1999) Criminal injury compensation: from B to A. Journal of accident & emergency medicine. 16(1), 43-47. https://doi.org/10.1136/emj.16.1.43
- Dearing, A. (2017) Justice for victims of crime: human dignity as the foundation of criminal justice in Europe. Springer Cham, Springer International Publishing Switzerland. https://doi.org/10.1007/978-3-319-45048-3
- Doerner, W.G. & Lab, S.P. (2011) Victimology. 6th Edition. Anderson Publ.
- Goodey, J. (2004) Victims and Victimology: research, policy and practice (Harlow, Pearson Longman). Pearson Education Canada.
- Hale, C. (1996) Fear of Crime: A Review of the Literature. International Review of Victimology. 4(2), 79-150. https://doi.org/10.1177/026975809600400201
- Hall, D. J. (1991) Victims’ voices in criminal court: The need for restraint. American Criminal Law Review. (28), 233-266.
- Hillenbrand, S. & Smith, B.E. (2008) Victim rights legislation: an assessment of its impact on criminal justice practitioners and victims. London Press.
- Kvashis, V.E. & Vavilova, L.V. (1996) Foreign legislation and practice of protecting victims of crimes Moscow: All-Russian Research Institute of the Ministry of Internal Affairs of the Russian Federation. (in Russian).
- Kozochkin, I.D. (2009) Protection of rights of injured (crime victims) in the USA. Journal of Russian Law. 8(152), 99-109. (in Russian).
- Lacey, N. & Pickard, H. (2015) To Blame or to Forgive? Reconciling punishment and forgiveness in criminal justice. Oxford Journal of Legal Studies. 35(4), 665-696. https://doi.org/10.1093/ojls/gqv012
- Livingstone, S.W. & Doak, J (2000) Human rights and criminal justice: a report to the Criminal Justice Review Commission. London, HMSO.
- Löffelmann, M. (2006) The victim in crimila proceedings: a systematic portrayal of victim protection under Ferman criminal Procedure law. Режим доступа: https://www.unafei.or.jp/publications/pdf/RS_No70/No70_07VE_Loffelmann2.pdf (дата обращения: 17.03.2023).
- Manikis, M. (2013) A comparative overview of victims’ rights, enforcement mechanisms, and redress in England and Wales and the American Federal jurisdiction. Victims of Crime Research Digest. (6). http://dx.doi.org/10.2139/ssrn.2869304
- Miers, D. (1990) Compensation for Criminal Injuries. London, Butterworths.
- Mitin, M.A. (2011) The right of victims of violent crimes to state compensation in the United Kingdom of Great Britain and Northern Ireland: history, current situation and development prospects. Zakon. (6), 160-167. (in Russian).
- Nikiforov, B.S. (2010) Favorites. Moscow, Institute of Legislation and Comparative Law under the Government of the Russian Federation. (in Russian).
- Rothe, D. & Kauzlarich, D. (eds). (2017) Towards a victimology of state crime. Routledge.
- Robinson, G. & McNeill, F. (eds.). (2015) Community Punishment: European perspectives. 1st ed. Routledge. https://doi.org/10.4324/9781315768489
- Scott, D. (2013) Why Prison?, Cambridge, Cambridge University Press.
- Hester, M. (2006). Making it through the criminal justice system: attrition and domestic violence. Social Policy and Society. 5(1), 79-90. https://doi.org/10.1017/S1474746405002769