Integrating the Victim into the Adversarial Criminal Trial

Mardi 1er décembre 2009
11h45 à 13h00
CICC, 3150, rue Jean-Brillant, local C-4141

Présentation: Dr Tyrone Kirchengast, Lecturer at the Faculty of Law of The University of New South Wales in Sydney, Australia.

He joined the Faculty of Law in February 2009. He previously lectured at the University of Newcastle from 2003-2007, and Macquarie University from 2007-2009. His principal teaching and research interests lie in criminal law and procedure and his publications focus on the integration of victim interests within the criminal law. His recent work focuses on the role of victim impact statements in sentencing homicide offenders. He published a book in 2006 : Kirchengast, T. (2006), The Victim in Criminal Law and Justice, Houndmills, Basingstoke, Hampshire: Palgrave Macmillan.

Réplique : Frédéric Mégret, professeur à la Faculté de droit de l'Université McGill


Résumé de la conférence : The 'adversarial criminal trial' denotes the emergence of a form of trial through which the prosecution and accused contest a version of events before an independent magistrate or judge. The emphasis in this mode of trial is on the testing of the prosecution case, in which the victim of crime is called only as a witness for the prosecution, if at all. This presentation examines the history of the victim in the trial process and asks why victims are currently excluded as irrelevant and prejudicial to the trial and sentencing process. Examining recent developments in domestic and international law, this presentation argues that victims need not be deemed incompatible with adversarial processes, which can be modified to incorporate victim interests. Recent changes including the modification of trial procedure to accommodate rape victims and the provision of victim impact statements in domestic law will be considered alongside the ECHR and role of victims in the ICC in the international context. Drawing from developments across Canada, the United States, England and Wales and Australia, this presentation will examine the various ways victims are being included to challenge the assumption that adversarial proceedings need exclude the victim.