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102-401: A parole board consists of people qualified to make judgements about the suitability of a prisoner for return to free society. Members may be judges , psychiatrists , or criminologists , although some jurisdictions do not have written qualifications for parole board members and allow community members to serve as them. A universal requirement is that board candidates be of good moral fiber. In

204-615: A barrister 's wig (a Bench Wig) would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts. In Oman , the judge wears a long stripe (red, green white), while the attorneys wear the black gown. In Portugal and in the former Portuguese Empire , the judges used to carry a staff that was red for ordinary judges and white for the judges from the outside . In Hong Kong , court proceedings are conducted in either English or Hong Kong Cantonese (a dialect of Yue Chinese ). Judges of Hong Kong retain many of

306-706: A jury . In inquisitorial systems of criminal investigation , a judge might also be an examining magistrate . The presiding judge ensures that all court proceedings are lawful and orderly. The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial partialities. Judges exercise significant governmental power. They can order police, military or judicial officials to execute searches, arrests, imprisonments, garnishments, detainment, seizures, deportations and similar actions. However, judges also supervise that trial procedures are followed, in order to ensure consistency and impartiality and avoid arbitrariness. The powers of

408-557: A preamble that is in part taken from the earlier Canadian Statement on justice for victims of crime in 1988 and 2003. The preamble in the CVBR contains the sentence which says “Whereas victims of crime and their families deserve to be treated with courtesy, compassion and respect, including respect for their dignity ” which resembles the first principle of the Canadian Statement . The four main types of victims’ rights that are listed in

510-512: A District of Columbia Code offense before August 5, 2000, a Uniform Code of Military Justice offense and are parole-eligible, and persons who are serving prison terms imposed by foreign countries and have been transferred to the United States to serve their sentence. Every U.S. state also has a parole board. The autonomy of the board from the state governor also varies; in some states the boards are more powerful than in others. In some states

612-550: A complaint for a hate crime, the current law requires the payment of a fee, dissuading victims from reporting offences. This deficiency is exacerbated by the lack of protection for undocumented migrants experiencing hate crime. Greece has also been condemned by the European Court of Human Rights 11 times for the misuse of weapons by police and the subsequent absence of effective investigations, with migrants or members of minority groups being victims in ten of these incidents. Greece

714-755: A court is addressed as tisztelt bíró úr , which means "Honourable Mister Judge" and a female presiding judge is addressed as tisztelt bírónő , which means "Honourable Madam Judge". The court as a body can be addressed as tisztelt bíróság , which means "Honourable Court". Judges of the Supreme Court , Court of Appeal , or High Court are officially titled The Honourable Mr/Mrs/Ms/Miss Justice Surname ( Irish : An Breitheamh Onórach Uasal [surname] ), and informally referred to for short as Mr/Mrs/Ms/Miss Justice Surname . In court, they are addressed either by their respective titles or styles, as The Court ( An Chúirt ), or simply Judge ( A Bhreithimh ). In law reports ,

816-418: A different requirement for parole board appointment. On the federal level , there is no longer parole except for certain military and foreign crimes. The United States Federal Sentencing Guidelines (enacted in 1987) discontinued parole for those convicted of federal crimes for offenses committed after November 1, 1987. Instead of parole the legislation provided that judges may specify as part of sentencing,

918-460: A high salary, in the U.S. the median salary of judges is $ 101,690 per annum, and federal judges earn $ 208,000–$ 267,000 per annum. In many civil law countries in Europe the majority of judges are women: in 5 countries ( Slovenia , Latvia , Luxembourg , Greece and Hungary ) women make more that 70% of judges of the first instance. In contrast, in common law countries ( UK , Ireland , Malta and

1020-416: A judge are checked by higher courts such as appeals courts and supreme courts. The court usually has three main legally trained court officials: the judge, the prosecutor and the defence attorney. The role of a judge can vary between legal systems. In an adversarial system (common law), as in effect in the U.S. and England, the judge functions as an impartial referee, mainly ensuring correct procedure, while

1122-417: A legal notice of their request for a pardon in a newspaper located in or near the county where the inmate seeking the pardon was convicted and sentenced. In addition Mississippi courts have held that a pardon when given does not erase the criminal record. Determinate sentencing has also severely reduced the power of many parole boards. Often, consideration of the opinion of the victim or victims or their family

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1224-565: A legislative level, the Criminal Procedure Act (2008) increased the rights of victims and recognised victims as a separate entity in court in addition to their role as a witness and injured party. These rights include the right to psychological support and to compensation. The Crime Victims Compensation Act (2008) allowed Croatian citizens to receive compensation if they experienced serious personal injury. In 2015, Croatia's parliament adopted laws awarding victims of rape committed during

1326-445: A man or Meretíssima Juíza when a woman (meaning "Most Worthy Judge") or as Vossa Excelência ("Your Excellency") when not specifying gender. In Romania , judges during trial are addressed as Onorata Instanta (Your Honor). In Russia, Vasha Chest ( Russian : Ваша Честь , lit.   'Your Honour') is used for criminal cases only with the one judge presiding. For civil, commercial and criminal cases presided over by

1428-678: A panel of judges the right address is Honorable Court . In Spain, magistrates of the Supreme Court, magistrates and judges are addressed to as "Your Lordship" ( Su Señoría ); however, in formal occasions, magistrates of the Supreme Court are addressed to as "Your Most Excellent Lordship" ( Vuestra Señoría Excelentísima or Excelentísimo Señor / Excelentísima Señora ); in those solemn occasions, magistrates of lower Courts are addressed as "Your Most Illustrious Lordship" ( Vuestra Señoría Ilustrísima or Ilustrísimo Señor / Ilustrísima Señora ); simple judges are always called "Your Lordship". In Sweden,

1530-458: A panel. In some civil law systems, this panel may include lay judges . Unlike professional judges, lay judges are not legally trained, but unlike jurors, lay judges are usually volunteers and may be politically appointed. Judges are often assisted by law clerks , referendaries and notaries in legal cases and by bailiffs or similar with security. There are both volunteer and professional judges. A volunteer judge, such as an English magistrate ,

1632-433: A period of supervised release to be served after the prison sentence. Prisoners may also receive time off their sentences for "good behavior". However, this truth in sentencing legislation also requires federal prisoners to serve at least 85 percent of their sentences. The United States Parole Commission remains the parole board for those who committed a federal offense before November 1, 1987, as well as those who committed

1734-577: A political election. Impartiality is often considered important for rule of law . Thus, in many jurisdictions judges may be appointed for life, so that they cannot be removed by the executive. However, in non-democratic systems, the appointment of judges may be highly politicized and they often receive instructions on how to judge, and may be removed if their conduct does not please the political leadership. Judges must be able to research and process extensive lengths of documents, witness testimonies, and other case material, understand complex cases and possess

1836-411: A prison, and an increase of training often results in a rise of fair and just hearings. Judge A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges . In an adversarial system , the judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of

1938-528: A regional prosecutor, whose decision may be further appealed to the director of public prosecutions. In Estonia, only 43% of victims of serious crimes made a police report, with only 17% of complainants saying they were satisfied with the treatment by the police. In 2002, the NGO Estonian Crime Victim Support Society released a document that led a debate about legislation dealing with victim support issues. This ultimately cumulated in

2040-569: A report from the review was completed at the end of that year. The Government of Canada provided their response in 2023 where they acknowledged some of the recommendations that were made. The Office of the Federal Ombudsperson for Victims of Crime provided an official detailed response to the report from the review in 2024. Criminal law is decided at the federal level in Canada and is administered primarily provincially. The Criminal Code and

2142-501: A thorough understanding of the law and legal procedure, which requires excellent skills in logical reasoning, analysis and decision-making. Excellent writing skills are also a necessity, given the finality and authority of the documents written. Judges work with people all the time; by the nature of the job, good dispute resolution and interpersonal skills are a necessity. Judges are required to have good moral character , i.e. there must be no history of crime. Professional judges often enjoy

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2244-697: A victim is a minor, disabled, or deceased, some states permit family members to exercise rights on behalf of the victim. Common state law protections include the rights to: Many prosecuting attorneys' offices have a victim's rights officer or multiple employees who assist victims of crime during and after a prosecution. In 2008, Human Rights Watch published a report comparing United States victims' rights laws to international human rights standards, which found that "while U.S. Jurisdictions, both federal and state, have made significant progress in recent decades, much more can be done to ensure that victims' rights and legitimate interests are upheld." The report states that

2346-401: A victims' rights amendment to the U.S. Constitution. In the decades that followed, proponents of victims' rights experienced substantial legislative success . Today, the victims' rights movement continues to increase access to procedural mechanisms for victims to enforce their rights and promote legislation that guarantees those substantive rights. Modern victims' rights organizations include

2448-404: Is laamanni ( lawspeaker ). They are assisted by notaries ( notaari ), assessors ( asessori ) and referendaries ( viskaali ) who may sometimes even chair sessions. In appeals courts ( hovioikeus ) an ordinary judge has the title hovioikeudenneuvos , the chairman of a section is hovioikeudenlaamanni and the court is led by a presidentti . In the Supreme Court, judges are titled oikeusneuvos and

2550-495: Is also given to dependents of homicide victims. Compensation awarded for medical expenses and loss of income is additionally unlimited. Danish police are required by law to accept any criminal report irrespective of the language used. Other support services for victims of crime within Denmark include discretionary free legal aid for violent crimes and automatic free legal aid for victims of sexual assault. In addition, every victim has

2652-598: Is financed by offender fees. The Crime Victims' Rights Act , part of the Justice for All Act of 2004, enumerates the rights afforded to victims in federal criminal cases. The Act grants victims the following rights: All states have passed legislation that protects the rights of victims of crime, and most have passed constitutional amendments that afford protection to crime victims. Some state laws apply to only victims of felony offenses, while other states also extend rights to victims of less serious misdemeanor offenses. When

2754-486: Is in charge of providing information to victims. The Stockholm programme entitles all victims of gender-based violence, domestic violence, and terrorism to the same protections as victims of crime, as these kinds of victims are deemed to be particularly vulnerable and in need of special support and protection by the state, regardless of their nationality. The Victims of Crime Directive (Directive 2012/29/EU) recognised that there were concerns about freedom of movement in

2856-407: Is no special form of address; ordinary politeness is sufficient and the procedure lacks arcane rituals. Accordingly, the chairman of the panel is addressed as herra/rouva puheenjohtaja ("Mr./Ms. Chairman"). Finnish judges use gavels, but there are no robes or cloaks used in any Finnish courts. In a district court ( käräjäoikeus ), ordinary judges work with the title käräjätuomari and the chairman

2958-506: Is not a signatory to any of the European Union's directives on victims' rights, being the only member state which is not required to sign or implement Directive 2012/29/EU. Notwithstanding, Denmark still maintains a relatively high standard for victims' rights through its domestic legislation, providing compensation for victims of crimes with serious injuries to all of its citizens as well as foreign citizens living in Denmark. Compensation

3060-441: Is not required to have legal training and is unpaid. Whereas, a professional judge is required to be legally educated ; in the U.S., this generally requires a degree of Juris Doctor . Furthermore, significant professional experience is often required; for example, in the U.S., judges are often appointed from experienced attorneys . Judges are often appointed by the head of state . However in some jurisdictions, judges are elected in

3162-585: Is one of 16 countries facing infringement proceedings for non-communication of the EU Victims of Crime Directive. For victims of domestic violence and certain other crimes such as child abuse, if the offender lacks the means to provide compensation, or if the offender remains anonymous, the state of Greece, under the Compensation Directive 2004/80/EC is obliged to provide compensation to victims of intentional crimes of violence. The compensation provided by

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3264-549: Is partly funded by funds from perpetrators. The French Department of Justice partially funds the National Victim Support and Mediation Institute, which provides assistance to victims and advocates for victims' rights. The organisation has pushed for the French government to implement the directive, providing recommendations based on their assessment of victims' needs. In 2012, France was found to have violated Article 4 of

3366-450: Is taken into account in the board's final determination (see victims' rights ). Compared to the states still using indeterminate sentencing and relying more heavily on parole, those using determinate sentencing contributed less to the higher incarceration rates from 1980-2009. Parole boards have often been looked at as a contributor towards mass incarceration and as an area needing great reform. Significant research has not yet been made into

3468-462: Is the judge, who will do the presiding, judging and sentencing on his own. As such, the judge is expected to apply the law directly, as in the French expression Le juge est la bouche de la loi ("The judge is the mouth of the law"). Furthermore, in some systems even investigations may be conducted by the judge, functioning as an examining magistrate. Judges may work alone in smaller cases, but in criminal, family and other significant cases, they work in

3570-535: The 1991–1995 Independence War compensation as well as free access to therapeutic, medical, and legal services. Cyprus awards compensation to victims of violence that cases serious bodily harm or death under European Convention on the Compensation of Victims of Violent Crimes . However, the majority of foreigners are not entitled to this compensation. Victims' rights in Denmark are largely implemented through domestic legislation and not international law. Denmark

3672-810: The Chief Justice of Ireland has the postnominal CJ , the Presidents of the other Courts have the postnominal P , and all other judges J , e.g. Smith J . Judges of the Circuit Court are titled His/Her Honour Judge Surname and are addressed in Court as Judge . Before 2006, they were addressed as My Lord ( A thiarna ) . Judges of the District Court are titled Judge Surname and addressed in Court as Judge . Before 1991 these judges were known as District Justices and addressed as Your Worship ( d'Onóra ). In Italy,

3774-558: The EEA area as well as Austrian citizens and permanent residents. Victim services include free access to legal advice and representation, counselling and monetary compensation for victims of criminal acts that result in at least six months imprisonment. The compensation is funded by fines imposed on convicted offenders, among other sources. Although Austria is a signatory to the Victims of Crime Directive, it has not been wholly compliant. One breach of

3876-527: The Maryland Supreme Court wear distinct dress. In Italy and Portugal , both judges and lawyers wear particular black robes. In some countries, especially in the Commonwealth of Nations , judges wear wigs . The long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to

3978-482: The Northern Ireland Executive (Parole Commissioners for Northern Ireland). There are 52 parole boards in operation in the United States. Some states require all members to possess a four year degree, while others do not. Additionally, some states require at least one member to be an ex-convict, and some require corrections experience, but there are no nation-wide parole board qualifications. Each state has

4080-866: The Urdu equivalent Janab or Judge Sahab . In Sri Lanka , judges of most courts are addressed as Your Honour ; however, the Chief Justice is addressed as Your Lordship . Judges of the Supreme Court and the Appeal Court receives the title The Honourable . Judges in Vietnam are addressed as Quý tòa (literally the "Honorable Court"). In Bulgaria before 1989 during the communist regime, judges were addressed as drugarju ( Bulgarian : другарю , lit.   'comrade'). After 1989, gospodín sŭdiya (Bulgarian: господин съдия , lit.   'mister judge') or gospožo sŭdiya (Bulgarian: госпожо съдия , lit.   'madam judge'). There

4182-654: The Victims of Crime Act was passed. A decade later, in 1994, the Violence Against Women Act became law. In 2004, the landmark Crime Victims' Rights Act was passed, granting crime victims eight specific rights , and providing standing for individual victims to assert those rights in court. VOCA established the Crime Victims Fund , which awards grants to crime victim compensation programs, victim notification systems , and victim assistance programs. The fund

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4284-515: The abolishment of the death penalty and the introduction of the Peace and Security Package in 1976. They carried out studies on victimization as part of this package which were used to gain a greater understanding of the reality of crime. The first large scale victimization survey was administered by Statistics Canada in 1982 and similar surveys took place again in 1988 and 1993. The Canadian Federal-Provincial Task Force on Justice for Victims of Crime

4386-504: The law and order , civil rights , and feminist movement challenged conventional views of the criminal justice system on the role of the victim. By providing educational resources and legal assistance and establishing the country's first hotlines and shelters for victims of crime, much of the movements' work later became the grassroots foundation of the modern victims' rights movement. In 1982, President Ronald Reagan 's Task Force on Victims of Crime released its final report which detailed

4488-414: The 1980s. A combination of factors have been put forward to explain this change including international law , the women's movement , a fearful conception of crime in the public, advocacy for victim and witness services, as well as criminal justice officials bringing awareness to the situation of victims. Feminists in the women's movement had a particular impact on how law reform was shaped regarding

4590-744: The Bulgarian Government. The rights of victims of crimes in Croatia have been improving steadily since Croatia became a candidate for the European Union in 2004. Croatia, in order to fulfil prerequisites for joining the EU, initiated changes in their criminal justice system in relation to the rights of victims. One change instigated by the government was in the form of the Department for Support to Witnesses and Other Participants in War Crimes Trials (2005). At

4692-511: The CEDAW and CRC. Public discussions about victims’ rights in Canada began at the end of the 20th century . Before this, victims of crime were primarily considered witnesses in criminal proceedings although they did receive some recognition through provincial victim compensation programs which began in the late 1960s. There was a significant increase in the attention to victims’ rights beginning in

4794-553: The CVBR are: Importantly, the last part of the CVBR titled “ Remedies ” includes sections 25 through 29 which deal with complaints, status, no cause of action and no appeal respectively. This section additionally gives victims the right to complain if the complaint is about a federal agency. Sections 27 to 29 specifically “deny victims any standing to appeal to courts for review when their rights are not upheld” and thus these rights are not enforceable. Some provinces in Canada adopted victim related legislation and responded to

4896-741: The Correctional and Conditional Release Act are the two main pieces of criminal law that lay out the role of victims in the Canadian criminal justice system. In 2015 The Victims Bill of Rights Act (Bill C-32) created the Canadian Victims Bill of Rights and amended other legislation to align with these rights. Since the first provincial Victims Bill of Rights in Manitoba, every province and territory has instated some type of law that addresses victims of crime although they vary. The 1988 Canadian Statement

4998-563: The Directive. The European Commission has states that all victims will be individually assessed to identify vulnerability. In particular, young victims are always presumed vulnerable, with other categories of persons such as victims of terrorism, organized crime, human trafficking, gender-based violence, sexual violence and exploitation, as well as victims with disabilities, being noted as having an increased of vulnerability. Austria has established protections for victims of crime that reside in

5100-614: The District of Columbia had mandatory retirement ages for State court judges, which ranged from 70 to 75 for most (but is as high as 90 in Vermont ). A 2020 study by the National Bureau of Economic Research found significant positive effects on the performance of state Supreme Courts with mandatory retirement age for judges. The authors advocated the adoption of mandatory retirement ages for all federal and state judges, although they felt, that

5202-700: The ECJ held that the decision not to prosecute the rape of a 14-year-old rape victim, under a law that prescribed that rapes would only be prosecuted where there was evidence of physical force and active resistance, breached her rights provided under Articles 3 and 8. The court had held that rape laws must apply to all forms of non-consensual sexual acts. A recent committee of the Council of Europe Convention on Action against Trafficking in Human Beings found that no adult victims of human trafficking received any form of assistance from

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5304-422: The EU and its impact on victims of crimes, and recommended the strengthening of victim rights as a remedy. The Directive requires that victims are recognised and treated with respect and dignity, protected from further victimisation from the offender or within criminal proceedings, and receive appropriate support and have access to compensation. All member EU states, except Denmark, are required to sign and implement

5406-815: The English tradition. In writing, the post-nominal letters PJ is used to refer to a permanent judge of the Court of Final Appeal and NPJ to a non-permanent judge. In the High Court, the abbreviation JA is used to denote a justice of appeal, and the letter J refers to a judge of the Court of First Instance. Masters of the High Court are addressed as Master . When trials are conducted in Chinese, judges were addressed, in Cantonese, as Fat Goon Dai Yan ( Hong Kong Cantonese : 法官大人 , romanized:  faat3 gun1 daai6 jan4 , lit.   'Judge, your lordship') before

5508-636: The English traditions such as wearing wigs and robes in trials. In the lower courts, magistrates are addressed as Your worship , and district court judges as Your Honour . In the superior courts of record, namely the Hong Kong Court of Final Appeal and the High Court of Hong Kong (which consists of the Court of Appeal and the Court of First Instance ), judges are addressed as My Lord or My Lady and referred to as Your Lordship or Your Ladyship , following

5610-644: The European Convention of Human Rights due to its failure to provide an adequate framework to protect the rights of human trafficking victims. As of 2013, the French government was found to be in full compliance with the required minimum standards for the elimination of trafficking. The German Code of Criminal Procedure 1987 gives victims a number of rights, including rights of participation in trial, of appeal, and of compensation for loss. Unlike in many other jurisdictions, victims of crime in Germany may participate in

5712-616: The High Courts were addressed as Your Lordship or My Lord and Your Ladyship or My Lady , a tradition directly attributable to England. The Bar Council of India had adopted a resolution in April 2006 and added a new Rule 49(1)(j) in the Advocates Act . As per the rule, lawyers can address the court as Your Honour and refer to it as Honourable Court . If it is a subordinate court, lawyers can use terms such as sir or any equivalent phrase in

5814-608: The National Alliance of Victims' Rights Attorneys, National Organization for Victim Assistance, and the National Center for Victims of Crime . Since 1982, thirty-three states have amended their constitutions to address victims' rights, and all states have passed victims' rights legislation. That same year, Congress passed the first piece of federal crime victims' rights legislation, the Victim and Witness Protection Act. In 1984,

5916-447: The U.S. should use the UN's Basic Principles as a guide to inform their laws and policies. In addition, it recommends that the U.S. adopt policies that define "victim" arbitrarily; expand access to victim services and compensation; and "maintain and enforce standards for the collection and preservation of evidence, particularly rape kit evidence." The report also recommends U.S. ratification of

6018-500: The UN Declaration before the federal government. Although all provinces and territories have now instated laws addressing victims, these rights have also been found to be unenforceable. Manitoba ’s Victim's Bill of Rights however does contain some provisions unlike other provinces where complaint mechanisms are specific and allow for a clearer process for victims to follow should they wish to file one. They also give direction as to who

6120-616: The United Kingdom parole board members are also drawn from a wider circle of professions. The boards typically make a judgement about whether a prisoner will affect public safety if released, but do not form an opinion about whether the initial sentencing was appropriate. The boards are non-departmental public bodies respectively of the UK government (Parole Board for England and Wales), the Scottish Government (Parole Board for Scotland), and

6222-737: The United States) the situation is reverse: over 70% of judges of the first instance are men. On the other hand, women are underrepresented in the Supreme Courts in the USA and all EU countries, except for Romania (in Romanian High Court of Cassation and Justice over 80% of judges are women). In the United States, federal judges are appointed "for good behavior", which means in practice, that federal judges work until they die, voluntarily retire or are impeached. The death of Ruth Bader Ginsburg in

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6324-676: The Victim Support Act of 2003, which marked a shift in the Estonian criminal justice system from retributive justice to restorative justice. Consequently, the Estonian government began to place more emphasis on providing practical and material help for victims of crime. Nonetheless, state victim support only deals with certain types of offences, with many victims uncomfortable participating. Victims of serious violent crimes, as well as their dependents, in Estonia are entitled to state compensation under

6426-451: The Victim Support Act. Such compensation has a cap and includes loss of income, damages due to death, funeral expenses, among other damages. France is a signatory to the EU's Victims of Crime Directive and had until November 2015 to implement it. As of February 2016, it had failed to notify the EU what policies it had implemented. Victims of crimes in France have the right to be involved in

6528-502: The bench). American judges frequently wear black robes. American judges have ceremonial gavels , although American judges have court deputies or bailiffs and contempt of court power as their main devices to maintain decorum in the courtroom. However, in some of the Western United States , like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state supreme courts , such as

6630-440: The board is an independent agency while in others it is a body of the department of corrections . In 44 states, the parole members are chosen by the governor. Parole boards throughout the states often act on the governor's influence and reportedly feel the need to do so to ensure job security. However, fourteen states have eliminated or severely restricted access to parole, turning instead to "determinate sentencing" which specifies

6732-415: The concerns of victims' rights advocates, stating that "innocent victims of crime have been overlooked, their pleas for justice have gone unheeded, and their wounds — personal, emotional, financial — have gone unattended". The report contained 68 recommendations for service providers and government officials, many of which are mandated through victims' rights legislation today, as well as a recommendation for

6834-553: The court is led by a presidentti . In France, the presiding judge of a court is addressed as Monsieur le président or Madame le président , whilst associated judges are addressed as Monsieur l'Assesseur or Madame l'Assesseur . Out of the courtroom, judges are referred to as Monsieur le juge or Madame le juge . In Germany, judges are addressed as Herr Vorsitzender or Frau Vorsitzende , which translate as "Mister Chairman" and "Madam Chairwoman", or as Hohes Gericht , which translates as "High Court". The male presiding judge of

6936-409: The court ruled that the complainant did not have the legal standing to keep the prosecutors' office from discriminately applying a statute criminalizing non-payment of child support. In dicta , the court articulated the then-prevailing view that a private crime victims have no jurisdiction in deciding the process of a criminal prosecution. This ruling served as a high-water mark in the shift away from

7038-462: The criminal proceedings against the accused. For victims of certain personal offences, such as defamation, bodily injury, and property damage, victims are automatically entitled to engage a private prosecutor who will represent their interests at trial. Victims also have the right to engage a legal representative to uphold their interests when, for example, they are being questioned as a witness. Private prosecutors cannot appeal decisions on account of

7140-464: The directive is that the victims must largely communicate in English or German with officials, which may hinder the rights of victims without the help of a consulate. Another breach involves a number of benefits afforded only to Austrian citizens, including compensation if a citizen is a victim of crime even the injury is suffered in another country. Additionally, non-EEA nationals are not entitled to as much state support and must ordinarily instead rely on

7242-614: The donation-sponsored Weissering, which additionally takes on cases at discretion and after means testing. Bulgaria's attempts to protect and support the rights of victims of crime are generally considered superficial. Victims are entitled to participate in criminal trials as witnesses, private accusers or complainants, with assistance from legal counsel. Additionally, legislation provides for protection of vulnerable witnesses (e.g. children, victims of sexual offences) during witness examination and police questioning. A recent International Crime Victims Survey revealed that only 40% of victims in

7344-620: The exact length of sentence, subject still, in most cases, to time off the sentence for good behaviour. Nine states in the United States have boards of pardons and paroles that exclusively grants all state pardons. Alabama (Board of Pardons and Paroles), Arizona (Board of Executive Clemency) Connecticut (Board of Pardons and Paroles), Georgia (Board of Pardons and Paroles), Idaho (Commission of Pardons and Paroles), Minnesota (Board of Pardons), Nebraska (Board of Pardons), Nevada (Board of Pardon commissioners, South Carolina (Board of Probation, Parole and Pardon), and Utah (Board of Pardons and Paroles) are

7446-417: The individual authorities should decide on the specific age for themselves. A variety of traditions have become associated with the rank or occupation. Gavels (a ceremonial hammer) are used by judges in many countries, to the point that the gavel has become a symbol of a judge. In many parts of the world, judges wear long robes (often in black or red) and sit on an elevated platform during trials (known as

7548-551: The interconnection of parole and other sectors such as media and politics, but many call for a separation between the sectors and a sweeping de-politicization of the appointment process. Additionally, many have looked towards increasing qualifications for parole board members to be comparable with those of judges. Alongside the heightening of standards, a general call of an increase in comprehensive training, transparency, and accountability of parole boards has been widely called for, as many current parole board members have never set foot in

7650-548: The judges of Madras HC , Justice K Chandru had banned lawyers from addressing his court as My Lord and Your Lordship . In Israel, the judges ( Hebrew : שופט‬ , romanized :  shofét , lit.   'judge') of all courts are addressed as Sir , Madam (Hebrew: אדוני‬/גבירתי‬ , romanized:  adoni/geverti ) or Your Honor (Hebrew: כבודו‬/כבודה‬ , romanized:  kevodo/kevoda ). Typically after every naming you will hear haShofét , meaning "the judge" after

7752-606: The law reports, the Justices of the Supreme Court are usually referred to as "Lord/Lady N", although the Weekly Law Reports appends the post-nominal letters "JSC" (e.g. "Lady Smith JSC"). The President and Deputy President of the Court are afforded the post-nominal letters PSC and DPSC respectively. Only experienced barristers or solicitors are usually appointed as judges. Victims%27 rights Victims' rights are legal rights afforded to victims of crime . These may include

7854-525: The leniency of a sentence. Victims of crimes in Greece may be afforded additional rights, support and protection in specific situations, including sexual abuse instances and where the victim is a minor. There is no discrimination by support services against foreigners. Foreign victims are entitled to an interpreter when testifying to the police. Greece has been criticised for its lack of upholding minority victims rights in regards to hate crimes. In order to file

7956-668: The nation are satisfied with the way police handled their matters. A committee report on the Convention on the Elimination of all Forms of Discrimination Against Women highlighted a number of breaches of the Convention by the state, being critical of Bulgaria's failure to provide for adequate compensation for victims of sexual offences and reliance on gender stereotypes when drafting legislation. Bulgaria's rape laws have also been controversial in their treatment of victims. In M.C. v Bulgaria ,

8058-478: The office in 2020 and suspension of Pauline Newman in 2023 reinvigorated the discussion about mandatory retirement age for federal judges, but such change would require a constitutional amendment and is unlikely to be implemented soon. States have more flexibility in establishing a mandatory retirement age for judges, as was confirmed by the SCOTUS in its 1991 decision Gregory v. Ashcroft . As of 2015, 33 States and

8160-406: The parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court . The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions . In some jurisdictions, the judge's powers may be shared with

8262-784: The presiding judge of a court is addressed as Signor presidente della corte . In the Netherlands , presiding judges of either sex are, in writing only, addressed edelachtbare ("Your Honour") for judges in the Court of First Instance, edelgrootachtbare ("Your Great Honour") for justices in the Court of Appeal and edelhoogachtbare ("Your High Honour") for justices in the High Council of the Netherlands (Supreme Court). In Poland, presiding judges of either sex during trial are addressed Wysoki Sądzie ("High Court"). In Portugal , presiding judges during trial are addressed as Meretíssimo Juiz when

8364-503: The presiding judge of a court is traditionally addressed as Herr Ordförande or Fru Ordförande , which translate as "Mister Chairman" and "Madam Chairwoman". In the Courts of England and Wales , Supreme Court judges are called Justices of the Supreme Court. Justices of the Supreme Court who do not hold life peerages are now given the courtesy style "Lord" or "Lady". Justices of the Supreme Court are addressed as "My Lord/Lady" in court. In

8466-436: The proceedings, as they generally are in the superior courts, are in English. In Pakistan, judges of the Supreme Court and the High Courts are addressed as Your Lordship or My Lord or Lordship and Your Ladyship or My Lady , a tradition directly attributable to England. There is some resistance to this on religious grounds but more or less continues till this day. In lower courts, judges are addressed as sir , madam or

8568-401: The prosecution and the defense present their case to a jury , often selected from common citizens. The main factfinder is the jury, and the judge will then finalize sentencing. Nevertheless, in smaller cases judges can issue summary judgments without proceeding to a jury trial. In an inquisitorial system (civil law), as in effect in continental Europe, there is no jury and the main factfinder

8670-615: The provincial level, Manitoba became the first province to legislate victims’ rights in their 1986 Justice for Victims of Crimes Act . Other provinces followed suit and similarly enacted victim focused legislation. In 1988, the Canadian Government followed numerous recommendations made in the 1983 Task Force Report and amended the Criminal Code . In this amendment, there were major changes such as new provisions on victim impact statements and victim surcharges . Together in

8772-517: The regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the words such as My Lord and Your Lordship were "relics of the colonial past". The resolution has since been circulated to all state councils and the Supreme Court for adoption but over five years now, the resolution largely remained on paper. However, in an unprecedented move in October 2009, one of

8874-594: The respective address. For example, Your Honor the Judge would be כבוד השופט‬ ( kevod haShofét ). Biy - elected judges using adat Zheti Zhargy . The Council of biys  [ kk ; ru ] was the highest council, a kind of senate . In Malaysia, judges of the subordinate courts are addressed as Tuan or Puan ("Sir", "Madam"), or Your Honour . Judges of the superior courts are addressed as Yang Arif ( lit.   ' Learned One ' ) or My Lord , My Lady , etc.; and Your Lordship or My Ladyship if

8976-484: The right to an interpreter and free translation of legal documents. Victim support services are accessible to residents even where no crime has been reported and no criminal proceedings undertaken. Where mediation has occurred between an offender and the victim, with the offender apologising to and reconciling with the victim, the court may apply a lesser sentence for the sake of providing the victim empowerment and closure. Victims may also police decisions not to prosecute to

9078-507: The right to certain information about the offender. Legal reforms continued to occur in the 1990s and early 2000s which further recognized victims and incrementally changed their role in the justice system. In 2000 a federal Victims of Crime Initiative was set eventually creating a Victims Fund and other financial supports contributing “to provincial and territorial governments and non-governmental organizations to develop, promote and enhance services and assistance for victims”. In 2007 this

9180-426: The right to restitution, the right to a victims' advocate , the right not to be excluded from criminal justice proceedings, and the right to speak at criminal justice proceedings. During the colonial and revolutionary periods, the United States criminal justice system was victim-centric, in that crimes were often investigated and prosecuted by individual victims. In the 19th and early 20th centuries, however,

9282-433: The role of the victim in criminal proceedings was reduced, owing to shifts in attitudes in the way crimes were perceived; the criminal justice system became seen as a tool to remedy social harms rather than an avenue to redress personal harm. The modern crime victims' rights movement began in the 1970s, in part as a response to the 1973 U.S. Supreme Court decision Linda R.S. v. Richard D. (410 U.S. 614). In Linda R.S. ,

9384-464: The same year, the Canadian Statement of Basic Principles of Justice for Victims of Crime was released and supported by federal, provincial and territorial governments. This statement was revised in 2003 and in the time between these two statements, in 1992, victims gained rights at the federal level for the first time as they were legislated into the Corrections and Conditional Release Act allowing victims

9486-416: The states in the United States with such boards. (Arizona's Board of Executive Clemency conducts parole hearings only for inmates who have committed offenses prior to January 1994, parole having been abolished by statute in 1993). Mississippi's state constitution includes a unique provision that any inmate seeking a pardon from that state's governor must, at least thirty days before making the request, publish

9588-403: The transfer of sovereignty from the United Kingdom to China, and as Fat Goon Gok Ha (Hong Kong Cantonese: 法官閣下 , romanized:  faat3 gun1 gok3 haa6 , lit.   'Judge, your honour') since 1997. Fat Goon (Hong Kong Cantonese: 法官 , romanized:  faat gun1 , lit.   'Judge') means the word "judge". In India , judges of the Supreme Court and

9690-437: The treatment of victims and survivors of sexual violence in the criminal justice system. However, many feminists within this movement were critical of politics that fixated on punishment . They maintained a focus on the systemic nature of sexual violence which differentiated them from those focused on victimization as an individualized issue. The Canadian Government began to discuss victims of crime more seriously with

9792-460: The treatment of victims, particularly during the criminal justice process.” It provides ten enumerated principles focused on fair treatment and includes for example the consideration of the victim's views and privacy as well as what information should be given to victims. The Canadian Statement is in principle only and did not give victims’ new legal rights because there was no explicit enforcement mechanism listed within it. The CVBR begins with

9894-479: The trial and access legal counsel. They are also entitled to compensation, with police being obligated to inform victims of their right to compensation under the Framework Justice Act (2002). Police can also register compensation claims on behalf of victims so there is no need to go to court. A state fund for compensation for victims of violent crimes exists called The State Fund for the Victims of Crime. This

9996-420: The victim-centric approach to criminal justice, relegating the role of victims in the criminal trial to being evidence for the prosecution. The Linda R.S. ruling, notwithstanding, stated that Congress could create legislation that safeguards victims' rights and provides standing to victims where they would otherwise not have any. At the same time, social consciousness about victims' rights surged. Supporters of

10098-566: Was a mandated five-year review which was not conducted in 2020. The Office of the Federal Ombudsperson for Victims of Crime on the other hand released a progress report in 2020 that raised multiple concerns including that these rights are legally unenforceable. The Federal Ombudsperson and the Canadian Resource Centre for Victims of Crime urged the Government of Canada to complete this review. The review process started in early 2022 and

10200-655: Was established in 1981, to further look at the needs of victims, to address a variety of victim related issues such as funding and legislation and finally to make recommendations. They delivered their final report in 1983 which also took into consideration the results of the first victimization survey from 1982. At the international level, Canada signed on to the United Nations Declaration of Basic Principles of Justice for Victims of Crimes and Abuse of Power (UN Declaration) in 1985 but they did not enact legislation giving victims formal rights at that time. However, at

10302-649: Was later renamed the Federal Victims Strategy. The year 2007 was also when the Office of the Federal Ombudsman for Victims of Crime opened (later changed to Ombudsperson), which was made in part to work outside of the Government overseeing complaints about federally run victim related services. More recently, in 2015 the Government of Canada enacted the Canadian Victims Bill of Rights. Part of this legislation

10404-459: Was made to acknowledge the UN Declaration. The Canadian Statement was recognized by federal, provincial and territorial government officials responsible for criminal justice matters and many of the principles used in it were based on those in the UN Declaration. The Canadian Statement was updated in 2003 and existed to provide principles to “guide the development of policies , programs and legislation related to victims of crime" as well as "guide

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