Procedural and interactional justice: a comparative study of victims in the Netherlands and New South Wales

Author(s)Laxminarayan, Malini, Jens Henrichs and Antony Pemberton
Title Procedural and interactional justice: A comparative study of victims in the Netherlands and New South Wales
Source European Journal of Criminology,May 2012, Vol. 9, No.3, pp 260-275
Date 2012
Document type Journal article
Coverage The Netherlands and New South Wales
Summary This study explores the differences between the legal systems in the Netherlands and New South Wales (NSW), focusing on the implications for the victim and any differences in perceptions of justice. The relevant legislation and structure of the legal system for each jurisdiction is examined and it is suggested that it is better to focus on the practices, rights and mechanisms established for victims rather than regarding a country as inquisitorial or adversarial. Using a questionnaire completed by a small sample of victims in the two countries the researchers explored the differing victim experiences in relation to process control, decision control, treatment and respect. It was found that victims in the Netherlands reported higher levels of process control, decision control, and treatment from the prosecutor and the defence. Victims in NSW were more likely to experience improper questioning by the defence counsel.
Keywords Criminal justice; rights; victim impact statements; charter; procedural justice
Topic Victims rights