Uib.no UNIVERSITY OF BERGEN Punishment as Communication Who decides the Fair Volume of the Conversation? Prof. Ragna Aarli 5th Int. Conference on Law,

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uib.no UNIVERSITY OF BERGEN Punishment as Communication Who decides the Fair Volume of the Conversation? Prof. Ragna Aarli 5th Int. Conference on Law, Language and Discourse in Örebro 29th September 2015 Faculty of Law Insert «Academic unit» on every page: 1 Go to the menu «Insert» 2 Choose: Date and time 3 Write the name of your faculty or department in the field «Footer» 4 Choose «Apply to all"

uib.no The Voice of the Victims in Criminal Trials Justice Secretary Chris Grayling, UK: ”I want to create a fairer criminal justice system where victims have a louder voice and those who break the law are more likely to go to prison for longer.” Is the alleged nexus between giving victims a louder voice and a more punitive system inescapable? Faculty of Law Foto: colourbox.com

uib.no Dramatis personae of the criminal trial Faculty of Law Perpetrator Victim 1Victim 2 Right to -counsel -victim compensation -be present -be informed -be heard before the offender -pose questions -give Victim Impact Statements A right to influence on sentencing? Factual context

uib.no National traditions of Punishment Norwegian Criminal Code 1902 Max penalty 21 years (now 30 y) No capital punishment No lifetime imprisonment (preventive detention available since 2002) Fixed maximum lengths Few fixed minimum lengths Wide court discretion Mitigating and aggravating circumstances Principle of statutory limitations to all crimes (max 25 y) left in ,2 mill inhabitants Faculty of Law Criminal Law of PRC 1997 (1979) Capital punishment Lifetime imprisonment Fixed minimum lenghts Fixed maximum lengths Wide court discretion Mitigating and aggravating circumstances Principle of statutory limitations to all crimes (max 20 y), but the Supreme People´s Procurate may approve prosecution after 20 years. 1,4 bill inhabitants Foto: colourbox.com

uib.no After listening to Victim´s voices in Norway: Minimum and maximum penalties are increased: maximum for assault 6 mth > 1 year maximum for assault with injury 2/5 > 4/6 year maximum for bodily harm 3/6/8 > 4/6/10 years minimum for murder 6 > 8 years minimum for rape 2 > 3 years maximum for rape 10 > 15 years New criminalized Acts: Grossly negligent rape (sexual activity by means of violence or threats) Sexual activity without consent No statutory limitations to the prosecution of terrorism, murder, rape, sexual activity with a child and arson causing death Faculty of Law Foto: Colourbox.com

uib.no A new double-tracked system? Faculty of Law Perpetrator Victim 1 Victim 2 Perpetrator Economic crime Violent crime

uib.no Final questions/discussion How can listening to the voice of the victims contribute to create a “fairer” criminal justice system? We must accept the necessity of victim awareness in our time, but how do we avoid penal excess and secure equality before the law? Is a double tracked system “fair”? Faculty of Law Foto: Colourbox.com