NCJ Number
61329
Journal
DELIKT EN DELINKWENT Volume: 7 Issue: 9 Dated: (NOVEMBER 1977) Pages: 577-585
Date Published
1977
Length
9 pages
Annotation
THE DISADVANTAGED POSITION OF THE VICTIM IN THE MODERN CRIMINAL JUSTICE SYSTEM IS DISCUSSED AND MEANS OF IMPROVING THE TREATMENT OF VICTIMS ARE PROPOSED.
Abstract
IN THE COURT SYSTEM, AS IN MANY OTHER SOCIAL SERVICE INSTITUTIONS OF MODERN HUMAN SOCIETY, PROFESSIONALIZATION HAS REDUCED CLIENTS CONTROL OVER THE DEFINITION OF THEIR NEEDS AND CLIENTS' ACCESS TO THE FRAME OF REFERENCE. IN THE ADMINISTRATION OF JUSTICE, THE STATE HAS ASSUMED THE ROLE OF THE REPRESENTATIVE FOR THE INDIVIDUAL VICTIM. IN PRACTICE, PAPER WORK HAS REPLACED FACE-TO-FACE CONTACTS. THE NEED TO SOLVE THE VICTIM PROBLEM HAS BEEN OBSCURED BY THE RECENT EMPHASIS ON CENTRALIZED JUSTICE SYSTEM IN A UNIFORM STATE AND BY COMPETITION BETWEEN THE MINISTRY OF JUSTICE AND THE MINISTRY OF INTERNAL AFFAIRS FOR CONTROL OF THE POLICE. THE VICTIM PROBLEM CAN ONLY SOLVED BY FIRST ASSUMING THAT CRIME IS A SPECIFIC CHARACTERISTIC OF THE REACTION TO EVENTS NOT OF THE EVENTS THEMSELVES, AND VICTIMIZATION IS THE RESULT OF THE STRUCTURE OF THE REACTING SYSTEM. FURTHERMORE, A SERVICE ORGANIZATION CAN ONLY BE SUCCESSFUL IF CLIENTS PARTICIPATE IN DECISIONMAKING, WHICH MEANS THAT THE BUREAUCRATIC JUDICIAL MODEL IS NOT A SUITABLE VEHICLE FOR ASSISTANCE. THE CIVIL COURT SYSTEM PROVIDES FAR BETTER OPPORTUNITIES FOR VICTIM ASSISTANCE, AT LEAST IN THEORY. IN PRACTICE, VICTIMS MUST DEPEND ON LEGAL ASSISTANCE TO GET ACCESS TO THE SYSTEM OF CIVIL LAW. THE SIGNIFICANCE OF THE CIVIL LAW SYSTEM LIES IN THE POSSIBILITY OF CIVIL PROCEEDINGS, WHICH HAS A PREVENTIVE EFFECT AND MAKES FEASIBLE NEGOTIATIONS PRIOR TO PROCEEDING. A NUMBER OF SO-CALLED CRIMINAL VIOLATIONS COULD BE HANDLED MUCH MORE SUCCESSFULLY IN A CIVIL CONTEXT, AS THERE IS NO PROHIBITION ON NEGOTIATIONS PRIOR TO CIVIL CASES, WHILE SUCH A PROHIBITION EXISTS IN CRIMINAL LAW. FURTHER ADVANTAGES OF CIVIL COURT TREATMENT ARE THE REDUCTION OF TIME REQUIRED FOR CIVIL PROCEEDINGS AND AVOIDANCE OF THE POLARIZATION TYPICAL OF ACCUSATORY SITUATIONS. REPLACEMENT OF CRIMINAL PROCEEDINGS WITH THE POSSIBILITY OF A CIVIL SUIT WOULD REQUIRE THAT THE CIVIL COURT SYSTEM BE CHANGED SO THAT POLICE COULD PROVIDE THE SAME SERVICES TO THE OPPOSING PARTIES OF THE SUIT AS THEY DO TO THE PROSECUTOR'S OFFICE. ALTHOUGH CRITICS DO NOT CONSIDER A SOLUTION INVOLVING REPLACEMENT OF CRIMINAL WITH CIVIL PROCEEDINGS FEASIBLE, SUCH EXPERIMENTS ARE DEEMED NECESSARY BECAUSE OF THE LARGE CASE BACKLOG.