Position of the Victim in Criminal Law and Procedure: Recent Developments in the Criminal Policy of the Council of Europe and of the United Nations

• NCJ Number: 131545
• Journal: Indian Journal of Criminology Volume: 18 Issue: 1 Dated: (January 1990) Pages: 61-68
• Author(s): H J Schneider
• Date Published: 1990
• Length: 8 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: India

Annotation

The basic ideas developed by victimologists are increasingly being acknowledged by international bodies such as the United Nations and the Council of Europe and have been enacted into criminal legislation in several countries.

Abstract

During the 1980's both the United Nations and the Council of Europe developed recommendations for improving the victim's position in criminal law and procedure. Thus, offender restitution has been acknowledged as an independent penal sanction by the United Nations and the Council of Europe and codified in the Federal criminal legislation of the United States. Both international organizations also recognize the need for the criminal justice system to use procedures that avoid secondary victimization by causing additional mental harm to victims. However, changes in laws and procedures are insufficient in this area, especially with regard to raped and battered women and physically and sexual abused children. Similarly, the importance of mediation is recognized by international bodies, but not by many criminal law scholars. Discussions are also focused on the victim's role in causing some crimes. 30 references