NCJ Number
52442
Journal
American Criminal Law Review Volume: 13 Issue: 4 Dated: (SPRING 1976) Pages: 649-673
Date Published
1976
Length
25 pages
Annotation
THE DECLINE OF THE ROLE OF AND REGARD FOR VICTIMS IN CRIMINAL JUSTICE PROCEEDINGS SINCE THE COLONIAL PERIOD IS REVIEWED. REFORM IS STRONGLY URGED.
Abstract
DURING THE AMERICAN REVOLUTION, CRIME WAS VIEWED AS AN INJURY AGAINST AN INDIVIDUAL AND THE VICTIM USUALLY ASSUMED THE EXPENSIVE OF CAPTURING AND PROSECUTING THE SUSPECT. THE GRADUAL ASSUMPTION OF THESE DUTIES BY PUBLIC PROSECUTORS AND THE POLICE IS TRACED. THE ROLE OF THE VICTIM IN CRIMINAL JUSTICE DECLINED. TODAY, VICTIMS HAVE FEW RIGHTS, LITTLE HOPE OF RESTITUTION, AND ALMOST NO ROLE IN THE CRIMINAL JUSTICE SYSTEM. IN FACT, THEY MAY SUFFER FURTHER DAMAGES AS THE RESULT OF TAKING TIME OFF FROM WORK TO GO TESTIFY IN COURT. DISSATISFACTION WITH THE CURRENT SYSTEM IS REVIEWED. THE LEGAL PROTECTION HAS BEEN CRITICIZED FOR ITS PATTERN OF NEGLECTING THE INTERESTS OF VICTIMS AND OFFERING AN ARRAY OF LEGAL PROTECTIONS TO THE ACCUSED. THE EMERGING VICTIM SERVICES MOVEMENT IS BRIEFLY DOCUMENTED. SOME STATES HAVE PUBLIC FUNDS FOR VICTIM RESTITUTION, AND SOME COMMUNITIES HAVE VICTIM SERVICE ORGANIZATIONS, WHICH ARRANGE AID FROM EXISTING PUBLIC AGENCIES, PROVIDE COUNSELING, OR TALK TO LANDLORDS AND OTHERS TO EASE FINANCIAL PRESSURES FOR POOR VICTIMS. A MOVE TOWARD DIRECT INTERVENTION IN THE CRIMINAL JUSTICE PROCESS IS CRITICIZED. IT IS POINTED OUT THAT JUSTICE MUST BE IMPARTIAL AND THAT CITIZENS' TAKING THE LAW INTO THEIR OWN HANDS IS NOT IN THE BEST INTERESTS OF JUSTICE. THE LACK OF CONCERN FOR THE VICTIM, HOWEVER, IS DECRIED AND THE DEVELOPMENT OF MEANINGFUL VICTIM SERVICES IS URGED. FOOTNOTES CONTAIN EXTENSIVE REFERENCES. (GLR)