Civil Action: A Useful Alternative Solution to the Victims' Problems? (From Criminal Law in Action: An Overview of Current Issues in Western Societies, P 405-418, 1988, Jan van Dijk, Charles Haffmans, et al, eds. -- See NCJ-126687)

• NCJ Number: 126714
• Author(s): D D Spinellis
• Date Published: 1988
• Length: 14 pages
• Sale Source: Kluwer Law International
• Publication Type: Survey
• Language: English
• Country: Netherlands

Annotation

For victims in the criminal justice system, rights and service models are related to differences in attitudes between "parental" justice and "arms length" justice.

Abstract

The first attitude toward justice is more paternalistic, based on the assumption that objective and efficient public officials are in a better position to meet victim needs. The second attitude toward justice is a more liberal one, presuming that victims know what is best for them. The author contends that the proper solution to victim problems cannot be found by accepting one or the other attitudinal perspectives as the best. The victim rights model is useful in particular cases where offenders deny their guilt. The service model is indispensable when offenders are unknown or cannot pay and victims want to receive some restitution without much litigation. The service model can also play a complementary role in supplying immediate relief, information, and advice to victims who have not yet decided to participate actively in criminal proceedings. The role of victims at the prosecution stage and civil action remedies available to victims are discussed. 46 references and 33 footnotes