ABSTRACT
The aim of this chapter is to examine the relationship between accountability and rights from the perspective of punishment and its perceived legitimacy. Consistent with the theme of the book, the notion of accountability is taken to be inclusive in the sense that it recognises the need to accommodate both individual and collective notions of accountability for the consequences of criminalised behaviour. However, it does not favour widening inclusion at the expense of compromising the fair trial rights of the offender, but seeks to establish a coherent and egalitarian framework for participation. This should facilitate the widest possible form of redress for victims. Correspondingly, it should also extend the trial's capacity to achieve a wider measure of collective accountability in sentencing. To expand the notion of redress without compromising the integrity of existing trial structures demands a close examination of the relationship between victimisation and punishment and consideration of the extent to which trial justice is capable of satisfying identifiable victim interests through a rights paradigm.
