Journal article
INVISIBLE VICTIMS
Wisconsin law review, Vol.2022(1), pp.1-55
01/01/2022
Abstract
The criminal courtroom is closed to invisible victims. They did nothing to forfeit their claims to justice. However heinous the wrongs they suffered, however certain their evidence, however eager the prosecutors on their cases, no criminal tribunal will ever see them.
Invisible victims exist because of doctrines that immunize certain people from any criminal inquiry and punishment. These people include suspects whose alleged misdeeds occurred long ago, diplomats, legislators, pardon recipients, and the deceased, among many others. Shielding such individuals from criminal sanction often makes sound policy sense, but criminal law has yet to reckon with the moral cost of deferring unconditionally to their interests.
This Article offers a more balanced approach by disentangling the possibility of trial from the availability of punishment. In other words, criminal law should permit courts to hold trials of suspects who are otherwise immune from punishment. Even if sentencing will not follow, trials give victims a voice and juries an opportunity to recognize and condemn wrongdoing. Familiar procedural safeguards can protect unpunishable criminals' weightiest interests, even as invisible victims receive the recognition they deserve.
Details
- Title: Subtitle
- INVISIBLE VICTIMS
- Creators
- Mihailis E. Diamantis - University of Iowa
- Resource Type
- Journal article
- Publication Details
- Wisconsin law review, Vol.2022(1), pp.1-55
- Publisher
- Univ Wisconsin Law School
- ISSN
- 0043-650X
- eISSN
- 1943-1120
- Number of pages
- 55
- Language
- English
- Date published
- 01/01/2022
- Academic Unit
- Law Faculty; Philosophy
- Record Identifier
- 9984398499302771
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