Victim participation in sentencing: The problems of incoherence

Despite the trend in many countries towards permitting or desiring the participation of victims at sentencing, states are still having to grapple with the conceptual and practical issues raised by moves to include victims at sentencing. What has been lacking is an appreciation of the different rationales for inclusion and the problems that result from each. Four types of justification for including the victim are delineated, and the practical implications of each are considered for defining who is a victim, determining the content and form of participation, and assessing effectiveness. Three recent developments (in the USA, England and Wales, and South Australia) are used as a focus.