Toward a Victim Orientation in Criminal Theory (From Considering the Victim, P 145-188, 1975), Joe Hudson and Bart Galaway, ed. - See NCJ-27690)

• NCJ Number: 93216
• Author(s): L L Lamborn
• Date Published: 1975
• Length: 44 pages
• Sale Source: Charles C. Thomas
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

Analysis of the relationship of the victim to the crime, of the victim to the criminal, and of the extent of the victim's responsibility for the crime is necessary for a complete understanding of the optimal ways of detecting and preventing crime and for the development of the most effective programs for treating the criminal and compensating crime victims.

Abstract

The meaning of the 'victim of crime' and hence the scope of this article, is greatly dependent upon the meaning given to 'crime.' Crime must be distinguished from other types of undesirable occurrences, such as those caused by natural forces or nonculpable human conduct. When the most appropriate definition of crime is determined, consideration should then be given to the extent of the occurrence of criminal conduct, because the intensity of interest in criminals and their victims should be proportional to the amount of damage caused by crime. Failure of victims to report crimes, the impossibility of apprehending all criminals, the uncertainty inherent in the exercise of prosecutorial discretion, the difficulty in meeting the burden of proof, and the existence of the affirmative defense render difficult the task of determining the extent of crime. Merely ascertaining the extent of criminal activity and therefore the number of crime victims is insufficient, however. Knowledge of the number and types of crimes prompts inquiry into the types of victims. One perspective is concerned with the victim's relationship to the crime itself, and a second perspective deals with the victim's vulnerability. A third perspective is concerned with the extent of the victim's culpability in contributing to his/her victimization. Victim culpability may be based, for example, upon failure to take reasonable measures for self-protection, provocation, or active cooperation with the offender. Information on the number and nature of the victims of crime provides a basis for examining the extent and types of injury sustained by them. Injuries caused by crime can be separated into those to the person and those to property. Injury to the person includes death and physical wounds of varying severity as well as psychological debilitation. Injury to a victim's property includes the loss of cash and chattels and damage to chattels and realty. Extensive footnotes are provided.