The Accused or the Accuser?
In the BBC Radio program Jeopardising Justice (here) Helena Kennedy QC spoke about the rise of ‘the victims’ movement’. The 1970s saw a legal reform that marked a watershed in the treatment of victims throughout the judicial system. Once marginalised and passive, victims are now centre-stage in many a judicial process. Kennedy, a fervent champion of the movement in her early career, set out to explore whether the victim’s voice had become so strong that it now threatens the rights of the defendants. The program feeds into the broader debate on whether or not this well intended reform has gone too far and now it is the defendants who risk being marginalised.
Earlier this month the related discussion on whether or not police should have to visit every crime victim flared up again (here). In Sweden there is currently a very heated debate on how rape victims are treated in the courts and the rights of the defendants (here and here) involving, for example, a District Prosecutor saying that there are different types of rape some of which he labels as ‘scarier’ than others. Meanwhile, in the wake of the resent release of the Lockerbie bomber on compassionate grounds (here) it has been argued that the Scottish Government lost sight of the real victims and that the appropriate display of virtuous compassion would have been better directed at their families rather than a convicted mass-murderer (here).