NCJ Number
86194
Date Published
1982
Length
12 pages
Annotation
The severity and sanctions of a particular crime should be determined by the harm done to the victim by examining such factors as the victim's age, sex, physical injury, psychic harm, and economic loss, as well as the duration of the crime and the victim-offender relationship.
Abstract
Throughout history the severity of some crime has been determined by the characteristics of the victim and the extent of the harm done to the victim. This practice should be extended into an individualized accounting of the harm done to the victim of a particular crime so as to determine the severity of the offense and the corresponding penalties that should be applied under a just deserts theory of sanctions. One of the factors that should be considered in determining the extent of victim harm is the victim's age. An elderly victim of an assault is likely to suffer greater and longer-lasting harm from a physical assault than a younger person, and physical abuse of a young child is likely to produce more lasting psychic harm than abuse of a young adult. The sex of the victim should also be considered in determining crime severity, since females have different physical vulnerabilities than males. A victim's injury severity could be measured by an injury severity scale which scientifically documents the degree of harm associated with various physical injuries. Psychic harm to a victim is difficult to measure and should only be considered when the harm is radical and obvious. The measurement of economic loss should not be absolute but relative to the ability of the victim to absorb the loss. The degree of harm of an act should also consider the relationship between the offender and the victim, such as that of a public servant violating the public's trust. Twenty-nine references are listed.