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The Machinery of Criminal Justice$
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Stephanos Bibas

Print publication date: 2012

Print ISBN-13: 9780195374681

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780195374681.001.0001

wWhose Voices Belong in Criminal Justice?

Chapter:
(p. 83 ) Chapter IV wWhose Voices Belong in Criminal Justice?
Source:
The Machinery of Criminal Justice
Author(s):

Stephanos Bibas

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195374681.003.0004

This chapter considers the addition of new and different lay voices to criminal justice. The state's monopoly on criminal justice blinds it to the valuable human interests and needs that outsiders have. Crimes harm not just an impersonal state, but real people—people who deserve more consideration and power in criminal procedure. Mediation and other face-to-face interactions between victims and wrongdoers offer this hope. Victims and members of the public could check prosecutors at least by expressing their views. Empowering victims need not license vengeance. Victims care much less about controlling outcomes than about being heard and having a role in fair processes. The suggestions for an individualized, participatory criminal justice system bear some resemblance to three recent criminal justice movements: victims' rights, restorative justice, and therapeutic jurisprudence.

Keywords:   state control, participatory criminal justice system, human interests, mediation, victim's rights, restorative justice

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