NCJ Number
73329
Journal
Revue de science criminelle et de droit penal compare Issue: 1 Dated: (January-March 1978) Pages: 179-187
Date Published
1978
Length
9 pages
Annotation
The position of the social defense theorists regarding crime victims is outlined.
Abstract
At first sight, the theory of social defense which developed after the Second World War has little to do directly with victimology. The focus of social defense is on human treatment of offenders, humanization of the reaction to crime, rehabilitation, and individualization of penalties. Still, certain basic principles do bear on the victim. The social defense goal of neutralizing offenders in a humane fashion protects citizens. The doctrine which stresses reexamination of the whole system is likely to benefit both offender and victim. Social defense opens the way for a new, coherent social policy which also considers the role of the victim in a humanistic context. The classic system of law is inefficient in that it assumes that punitive action against the offender compensates for damage to the victim. In contrast, the system of social defense is more complex in its stance toward the victim. Although the victim's position is to be taken into account, the creation of a fictional 'victim personality' should be avoided and the offense should not be regarded as a simple relational situation separate from the backgrounds of either offender or victim. Social defense theory favors victim compensation not just to restore justice and order but also to treat the offender by furthering awareness of his social obligation, provided the financial burden is not made excessive. In sum, social defense seeks to protect the human being, whether offender or victim, through criminal policy that is also social policy. Notes are supplied.