Victim participation in criminal justice: A quantitative systematic and critical literature review

Abstract

Meaningful participation in criminal justice by victims of violence is an aspiration of advocates working across domestic and international jurisdictions. Researchers have examined a range of participatory activities undertaken by violence victims. However, there has been no review of research that could build shared understanding of the content and contours of ‘participation’, its benefits and disbenefits to victims, nor assess the quality of justice it delivers. This article presents the first systematic quantitative and critical review of the topic. Electronic literature databases were searched to identify empirical research of victim participation whether in domestic or international criminal justice. Searches for peer-reviewed academic English-language journal articles found 58 studies matching the selection criteria and published between 2002 and 2021. Just over half were common law-based studies that were themselves mostly conducted in the United States. Definitions of victim participation were oblique but three-quarters of the studies demonstrated victim participation in some way, mostly participation at trial. The most common form of participatory activity studied was the provision of victims’ views and concerns followed by victim impact statements. The conceptual focus of studies was largely rights-focused while a substantial number assessed offender-related outcomes. We argue for greater specificity of participatory mechanisms and outcome measures in research. Given the multiplicity of situations and procedures ascribed as victim participation, we provide a schematic to assist researchers in organising evidence for future theoretical scrutiny.